reglab/statecodes huggingface dataset:
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 1 - General Provisions › Article 1 - Conflict-of-Interest Code › Section 5000 - Conflict-of-Interest Code

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Political Reform Act (Government Code Section
					 81000, et
					 seq.) requires state and local government agencies to adopt and promulgate
					 conflict-of-interest codes. The Fair Political Practices Commission has adopted
					 a regulation (2 Cal. Code of Regs. Sec.
					 18730) that contains the terms of
					 a standard conflict-of-interest code, which can be incorporated by reference in
					 an agency's code. After public notice and hearing, the standard code may be
					 amended by the Fair Political Practices Commission to conform to amendments in
					 the Political Reform Act. Therefore, the terms of 2 California Code of
					 Regulations Section
					 18730 and any amendments to it
					 duly adopted by the Fair Political Practices Commission are incorporated by
					 reference. This regulation and the attached Appendices, designating positions
					 and establishing disclosure categories, shall constitute the
					 conflict-of-interest code of the Delta Stewardship Council (Council).
Individuals holding designated positions shall file their
					 statements of economic interests with the Council, which will make the
					 statements available for public inspection and reproduction. (Gov. Code Sec.
					 81008.) Upon receipt of the
					 statements for the Members of the Board and Executive Officer of the Council,
					 the Council shall make and retain copies and forward the originals to the Fair
					 Political Practices Commission. The Council shall forward copies of all other
					 statements for appointed members of multi-member boards and commissions to the
					 Fair Political Practices Commission. All other statements will be retained by
					 the Council.
Note: Authority cited: Sections
						81008,
						87300 and
						87306,
						Government Code. Reference: Section
						87302,
						Government Code.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 1 - General Provisions › Article 1 - Conflict-of-Interest Code › Appendix A - Designated Positions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Designated
							 Positions
Disclosure
							 Category
Chair and Board Members
1
Coordinator for Delta Plan Implementation
							 Committee
1
Executive Officer
1
Chief Deputy Executive Officer
1
Deputy Executive Officer
1
Chief Counsel
1
Legislative & Policy Advisor
1
Lead Scientist
1
IEP Lead Scientist
1
Member, Independent Science Board
1
Staff Services Manager I
2
Staff Services Manager III (Assistant Executive
							 Officer)
1
Information Officer II
1
Program Manager II
1
Program Manager III
1
Principal Engineer
2
Consultant/New
							 Position*
* Consultants/new positions
							 shall be included in the list of designated positions and shall disclose
							 pursuant to the broadest disclosure category in the code subject to the
							 following limitation:
The Executive Officer may determine in
							 writing that a particular consultant or new position, although a "designated
							 position," is hired to perform a range of duties that is limited in scope and,
							 thus, is not required to comply fully with the disclosure requirements
							 described in this section. Such written determination shall include a
							 description of the consultant's or new position's duties and, based upon that
							 description, a statement of the extent of disclosure requirements. The
							 Executive Officer's determination is a public record and shall be retained for
							 public inspection in the same manner and location as this conflict-of-interest
							 code. (Gov. Code Section
							 81008.)
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 1 - General Provisions › Article 1 - Conflict-of-Interest Code › Appendix B - Disclosure Categories

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Category 1
Every designated position in this category must report: All
					 interests in real property in the State of California, as well as investments,
					 business positions in business entities, and income, including receipt of
					 gifts, loans and travel payments.
Category 2
Every designated position in this category must
					 report:
All interests in real property located within or not more
					 than two miles outside the boundaries of the Delta, as defined by Water Code
					 Section
					 85058.
All investments, business positions in business entities,
					 and income, including receipt of gifts, loans and travel payments, from
					 entities that provide services, supplies, materials, machinery or equipment of
					 the type utilized by the Council, including environmental documents, such as
					 environmental impact reports, environmental assessments, engineering reports,
					 geologic or hydrologic evaluations, and biological assessments, as well as
					 entities of the type that receive grants or loans from, through, or upon the
					 recommendation of, the Council.
Gift disclosure: Not all gifts are reportable. For example,
					 a filer does not have to disclose gifts based on a pre-existing personal
					 friendship where there is no connection between the donor and the duties that
					 the filer performs. This exception and others are outlined in statute and
					 regulations. FPPC Regulation 18942 summarizes the major gift exceptions
					 including those from family members, gifts of home hospitality, gifts related
					 to holidays and certain prizes and awards.
Note: Authority cited: Sections 85000, et seq., Water
						Code; and Sections 87300 and 87304, Government Code. Reference: Sections 87300,
						et seq., Government Code.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 1 - Definitions › Section 5001 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this division, the terms listed below shall have
					 the meanings noted:
(a) "Adaptive
				  management" means a framework and flexible decision-making process for ongoing
				  knowledge acquisition, monitoring, and evaluation leading to continuous
				  improvement in management planning and implementation of a project to achieve
				  specified objectives.
(b)
				  "Agricultural water management plan" means a plan prepared, adopted, and
				  updated by an agricultural water supplier pursuant to the Agricultural Water
				  Management Planning Act, Water Code section
				  10800 et
				  seq.
(c) "Agricultural water
				  supplier" under the Water Code refers to both agricultural retail water
				  suppliers and agricultural wholesale water suppliers, but not the California
				  Department of Water Resources or the United States Bureau of Reclamation, and
				  includes both of the following:
(1) A water
				  supplier, either publicly or privately owned, providing water to 10,000 or more
				  irrigated acres, excluding recycled water; and
(2) A water supplier or contractor for water,
				  regardless of the basis of the water right, that distributes or sells water for
				  ultimate resale to customers.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 3 - CONSISTENCY WITH THE REGULATORY POLICIES CONTAINED IN THE DELTA PLAN › Section 5003 - Reduce Reliance on the Delta Through Improved Regional Water Self-Reliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Water shall not be exported from, transferred through, or used in the Delta if
				  all of the following apply:
(1) One or more
				  water suppliers that would receive water as a result of the export, transfer,
				  or use have failed to adequately contribute to reduced reliance on the Delta
				  and improved regional self-reliance consistent with all of the requirements
				  listed in paragraph (1) of subsection (c);
(2) That failure has significantly caused the
				  need for the export, transfer, or use; and
(3) The export, transfer, or use would have a
				  significant adverse environmental impact in the Delta.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 3 - CONSISTENCY WITH THE REGULATORY POLICIES CONTAINED IN THE DELTA PLAN › Section 5004 - Transparency in Water Contracting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  contracting process for water from the State Water Project and/or the Central
				  Valley Project must be done in a publicly transparent manner consistent with
				  applicable policies of the California Department of Water Resources and the
				  Bureau of Reclamation referenced below.
(b) For purposes of Water Code section
				  85057.5(a)(3)
				  and section
				  5001(j)(1)(E) of
				  this Chapter, this policy covers the following:
(1) With regard to water from the State Water
				  Project, a proposed action to enter into or amend a water supply or water
				  transfer contract subject to California Department of Water Resources
				  Guidelines 03-09 and/or 03-10 (each dated July 3, 2003), which are attached as
				  Appendix 2A; and
(2) With regard to
				  water from the Central Valley Project, a proposed action to enter into or amend
				  a water supply or water transfer contract subject to
				  section
				  226 of
				  P.L.
				  97-293, as amended or section
				  3405(a)(2)(B) of
				  the Central Valley Project Improvement Act, Title XXXIV of
				  Public Law
				  102-575, as amended, which are attached as
				  Appendix 2B, and Rules and Regulations promulgated by the Secretary of the
				  Interior to implement these laws.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 3 - CONSISTENCY WITH THE REGULATORY POLICIES CONTAINED IN THE DELTA PLAN › Section 5005 - Delta Flow Objectives

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  State Water Resources Control Board's Bay Delta Water Quality Control Plan flow
				  objectives shall be used to determine consistency with the Delta Plan. If and
				  when the flow objectives are revised by the State Water Resources Control
				  Board, the revised flow objectives shall be used to determine consistency with
				  the Delta Plan.
(b) For purposes of
				  Water Code section
				  85057.5(a)(3)
				  and section
				  5001(j)(1)(E) of
				  this Chapter, the policy set forth in subsection (a) covers a proposed action
				  that could significantly affect flow in the Delta.
1. New
					 section filed 8-7-2013; operative 9-1-2013 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2013, No. 32).
Note: Authority cited: Section
						85210(i),
						Water Code. Reference: Sections
						85020,
						85054,
						85086,
						85087,
						85300 and
						85302, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 3 - CONSISTENCY WITH THE REGULATORY POLICIES CONTAINED IN THE DELTA PLAN › Section 5006 - Restore Habitats at Appropriate Elevations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Habitat restoration must be carried out consistent with Appendix 3, which is
				  Section II of the Draft Conservation Strategy for Restoration of the
				  Sacramento-San Joaquin Delta Ecological Management Zone and the Sacramento and
				  San Joaquin Valley Regions (California Department of Fish and Wildlife 2011).
				  The elevation map attached as Appendix 4 should be used as a guide for
				  determining appropriate habitat restoration actions based on an area's
				  elevation. If a proposed habitat restoration action is not consistent with
				  Appendix 4, the proposal shall provide rationale for the deviation based on
				  best available science.
(b) For
				  purposes of Water Code section
				  85057.5(a)(3)
				  and section
				  5001(j)(1)(E) of
				  this Chapter, this policy covers a proposed action that includes habitat
				  restoration.
1. New
					 section filed 8-7-2013; operative 9-1-2013 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2013, No. 32).
Note: Authority cited: Section
						85210(i),
						Water Code. Reference: Sections
						85020,
						85022,
						85054,
						85300 and
						85302, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 3 - CONSISTENCY WITH THE REGULATORY POLICIES CONTAINED IN THE DELTA PLAN › Section 5007 - Protect Opportunities to Restore Habitat

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within the priority habitat restoration areas depicted in Appendix 5,
				  significant adverse impacts to the opportunity to restore habitat as described
				  in section
				  5006, must be avoided or
				  mitigated.
(b) Impacts referenced
				  in subsection (a) will be deemed to be avoided or mitigated if the project is
				  designed and implemented so that it will not preclude or otherwise interfere
				  with the ability to restore habitat as described in section
				  5006.
(c) Impacts referenced in subsection (a)
				  shall be mitigated to a point where the impacts have no significant effect on
				  the opportunity to restore habitat as described in section
				  5006. Mitigation shall be
				  determined, in consultation with the California Department of Fish and
				  Wildlife, considering the size of the area impacted by the covered action and
				  the type and value of habitat that could be restored on that area, taking into
				  account existing and proposed restoration plans, landscape attributes, the
				  elevation map shown in Appendix 4, and other relevant information about habitat
				  restoration opportunities of the area.
(d) For purposes of Water Code section
				  85057.5(a)(3)
				  and section
				  5001(j)(1)(E) of
				  this Chapter, this policy covers proposed actions in the priority habitat
				  restoration areas depicted in Appendix 5. It does not cover proposed actions
				  outside those areas.
1. New
					 section filed 8-7-2013; operative 9-1-2013 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2013, No. 32).
Note: Authority cited: Section
						85210(i),
						Water Code. Reference: Sections
						85020,
						85022,
						85054,
						85300,
						85302 and
						85305, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 3 - CONSISTENCY WITH THE REGULATORY POLICIES CONTAINED IN THE DELTA PLAN › Section 5008 - Expand Floodplains and Riparian Habitats in Levee Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Levee projects must evaluate and where feasible incorporate alternatives,
				  including the use of setback levees, to increase floodplains and riparian
				  habitats. Evaluation of setback levees in the Delta shall be required only in
				  the following areas (shown in Appendix 8):
(1) The Sacramento River between Freeport and
				  Walnut Grove, the San Joaquin River from the Delta boundary to Mossdale,
				  Paradise Cut, Steamboat Slough, Sutter Slough; and the North and South Forks of
				  the Mokelumne River, and
(2) Urban
				  levee improvement projects in the cities of West Sacramento and
				  Sacramento.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 3 - CONSISTENCY WITH THE REGULATORY POLICIES CONTAINED IN THE DELTA PLAN › Section 5009 - Avoid Introductions of and Habitat Improvements for Invasive Nonnative Species

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  potential for new introductions of or improved habitat conditions for nonnative
				  invasive species, striped bass, or bass must be fully considered and avoided or
				  mitigated in a way that appropriately protects the ecosystem.
(b) For purposes of Water Code section
				  85057.5(a)(3)
				  and section
				  5001(j)(1)(E) of
				  this Chapter, this policy covers a proposed action that has the reasonable
				  probability of introducing or improving habitat conditions for nonnative
				  invasive species.
1. New
					 section filed 8-7-2013; operative 9-1-2013 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2013, No. 32).
Note: Authority cited: Section
						85210(i),
						Water Code. Reference: Sections
						85020,
						85054,
						85300 and
						85302, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 3 - CONSISTENCY WITH THE REGULATORY POLICIES CONTAINED IN THE DELTA PLAN › Section 5010 - Locate New Urban Development Wisely

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) New
				  residential, commercial, and industrial development must be limited to the
				  following areas, as shown in Appendix 6 and Appendix 7:
(1) Areas that city or county general plans,
				  as of May 16, 2013, designate for residential, commercial, and industrial
				  development in cities or their spheres of influence;
(2) Areas within Contra Costa County's 2006
				  voter-approved urban limit line, except no new residential, commercial, and
				  industrial development may occur on Bethel Island unless it is consistent with
				  the Contra Costa County general plan effective as of May 16, 2013;
(3) Areas within the Mountain House General
				  Plan Community Boundary in San Joaquin County; or
(4) The unincorporated Delta towns of
				  Clarksburg, Courtland, Hood, Locke, Ryde, and Walnut Grove.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 3 - CONSISTENCY WITH THE REGULATORY POLICIES CONTAINED IN THE DELTA PLAN › Section 5011 - Respect Local Land Use when Siting Water or Flood Facilities or Restoring Habitats

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Water management facilities, ecosystem restoration, and flood management
				  infrastructure must be sited to avoid or reduce conflicts with existing uses or
				  those uses described or depicted in city and county general plans for their
				  jurisdictions or spheres of influence when feasible, considering comments from
				  local agencies and the Delta Protection Commission. Plans for ecosystem
				  restoration must consider sites on existing public lands, when feasible and
				  consistent with a project's purpose, before privately owned sites are
				  purchased. Measures to mitigate conflicts with adjacent uses may include, but
				  are not limited to, buffers to prevent adverse effects on adjacent
				  farmland.
(b) For purposes of Water
				  Code section
				  85057.5(a)(3)
				  and section
				  5001(j)(1)(E) of
				  this Chapter, this policy covers proposed actions that involve the siting of
				  water management facilities, ecosystem restoration, and flood management
				  infrastructure.
1. New
					 section filed 8-7-2013; operative 9-1-2013 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2013, No. 32).
Note: Authority cited: Section
						85210(i),
						Water Code. Reference: Sections
						85020,
						85022,
						85054,
						85300 and
						85305, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 3 - CONSISTENCY WITH THE REGULATORY POLICIES CONTAINED IN THE DELTA PLAN › Section 5012 - Prioritization of State Investments in Delta Levees and Risk Reduction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Fund levee operation and maintenance. For the purposes of Water Code Section
				  85306, State
				  investments in levee operation and maintenance of Delta project levees and
				  nonproject levees shall be prioritized as follows:
(1) For project levees, funding should be
				  prioritized to ensure levees are operated and maintained in accordance with
				  Code of Federal Regulations, Title 33, Part 208.10 and applicable federal
				  Operation and Maintenance manuals, active in federal
				  Public Law
				  84-99 Rehabilitation Program, and consistent with
				  Central Valley Flood Protection Board Resolution No. 2018-06 for Acceptable
				  Operation and Maintenance of the State Plan of Flood Control.
(2) For nonproject levees, funding should be
				  prioritized to ensure levees are operated and maintained to protect the Delta's
				  physical characteristics.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 3 - CONSISTENCY WITH THE REGULATORY POLICIES CONTAINED IN THE DELTA PLAN › Section 5013 - Require Flood Protection for Residential Development in Rural Areas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) New
				  residential development of five or more parcels shall be protected through
				  floodproofing to a level 12 inches above the 100-year base flood elevation,
				  plus sufficient additional elevation to protect against a 55-inch rise in sea
				  level at the Golden Gate, unless the development is located within:
(1) Areas that city or county general plans,
				  as of May 16, 2013, designate for development in cities or their spheres of
				  influence;
(2) Areas within Contra
				  Costa County's 2006 voter-approved urban limit line, except Bethel
				  Island;
(3) Areas within the
				  Mountain House General Plan Community Boundary in San Joaquin County;
				  or
(4) The unincorporated Delta
				  towns of Clarksburg, Courtland, Hood, Locke, Ryde, and Walnut Grove, as shown
				  in Appendix 7.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 3 - CONSISTENCY WITH THE REGULATORY POLICIES CONTAINED IN THE DELTA PLAN › Section 5014 - Protect Floodways

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  encroachment shall be allowed or constructed in a floodway, unless it can be
				  demonstrated by appropriate analysis that the encroachment will not unduly
				  impede the free flow of water in the floodway or jeopardize public
				  safety.
(b) For purposes of Water
				  Code section
				  85057.5(a)(3)
				  and section
				  5001(j)(1)(E) of
				  this Chapter, this policy covers a proposed action that would encroach in a
				  floodway that is not either a designated floodway or regulated
				  stream.
1. New
					 section filed 8-7-2013; operative 9-1-2013 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2013, No. 32).
Note: Authority cited: Section
						85210(i),
						Water Code. Reference: Sections
						85020,
						85300,
						85302 and
						85305, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 3 - CONSISTENCY WITH THE REGULATORY POLICIES CONTAINED IN THE DELTA PLAN › Section 5015 - Floodplain Protection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  encroachment shall be allowed or constructed in any of the following
				  floodplains unless it can be demonstrated by appropriate analysis that the
				  encroachment will not have a significant adverse impact on floodplain values
				  and functions:
(1) The Yolo Bypass within the
				  Delta;
(2) The Cosumnes
				  River-Mokelumne River Confluence, as defined by the North Delta Flood Control
				  and Ecosystem Restoration Project (McCormack-Williamson), or as modified in the
				  future by the California Department of Water Resources or the U.S. Army Corps
				  of Engineers (California Department of Water Resources 2010); and
(3) The Lower San Joaquin River Floodplain
				  Bypass area, located on the Lower San Joaquin River upstream of Stockton
				  immediately southwest of Paradise Cut on lands both upstream and downstream of
				  the Interstate 5 crossing. This area is described in the Lower San Joaquin
				  River Floodplain Bypass Proposal, submitted to the California Department of
				  Water Resources by the partnership of the South Delta Water Agency, the River
				  Islands Development Company, Reclamation District 2062, San Joaquin Resource
				  Conservation District, American Rivers, the American Lands Conservancy, and the
				  Natural Resources Defense Council, March 2011. This area may be modified in the
				  future through the completion of this project.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 4 - GENERAL PROVISIONS › Section 5016 - Miscellaneous Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  provisions in this Chapter are not intended and shall not be construed as
				  authorizing the Delta Stewardship Council or any entity to exercise its power
				  in a manner that will take or damage private property for public use without
				  the payment of just compensation.
(b) The provisions in this Chapter are not
				  intended to affect the rights of any owner of property under the Constitutions
				  of the State of California or the United States.
(c) The provisions in this Chapter shall not
				  increase the State's flood liability.
1. New
					 article 4 (section
					 5016) and section filed 8-7-2013;
					 operative 9-1-2013 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2013, No. 32).
Note: Authority cited: Section
						85210(i),
						Water Code. Reference: Sections
						85032(j)
						and
						85057.5(d),
						Water Code.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 4 - GENERAL PROVISIONS › Appendix 2A - Transparency in Water Contracting: Water from the SWP

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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1. New
					 appendix filed 8-7-2013; operative 9-1-2013 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2013, No. 32).
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 4 - GENERAL PROVISIONS › Appendix 4 - Elevation Map

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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Figure 4-1
Habitat Types Based on Elevation, Shown with
					 Developed Areas in the Delta and Suisun Marsh.
Source: Adapted from DFG
					 2011
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 4 - GENERAL PROVISIONS › Appendix 5 - Recommended Areas for Prioritization and Implementation of Habitat Restoration Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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Figure 5-1
Recommended Areas for Prioritization and
					 Implementation for Habitat Restoration Projects
Source: DFG 2011
1. New
					 appendix filed 8-7-2013; operative 9-1-2013 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2013, No. 32).
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 4 - GENERAL PROVISIONS › Appendix 6 - Delta Primary and Secondary Zones and Suisun Marsh

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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Figure 6-1
Delta Primary and Secondary Zones and Suisun
					 Marsh
1. New
					 appendix filed 8-7-2013; operative 9-1-2013 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2013, No. 32).
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 4 - GENERAL PROVISIONS › Appendix 8 - Setback Levee Evaluation Areas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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Figure 8-1
Setback Levee Evacuation
					 Areas
1. New
					 appendix filed 8-7-2013; operative 9-1-2013 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2013, No. 32).
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 5 - Appeals of Certifications of Consistency › Section 5020 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article applies to appeals of the adequacy of
					 certifications of consistency with the Delta Plan filed with the council by a
					 certifying agency pursuant to Water Code sections
					 85225.10 and
					 85225.30.
Note: Authority cited: Sections 85210 and 85225.30, Water
						Code. Reference: Sections 85001, 85020, 85022, 85057.5, 85200, 85225, 85225.5,
						85225.10, 85225.15, 85225.20, 85225.25 and 85300, Water Code.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 5 - Appeals of Certifications of Consistency › Section 5021 - Filings and Mailings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) All filings, submissions, and mailings
				  required to be submitted pursuant to this article shall be made electronically.
				  Filings, submissions, and mailings shall be in 12-point black font.
(2) The council encourages electronic
				  submittals to comply with the Web Content Accessibility Guidelines 2.0, or a
				  subsequent version effective at the time of the filing of the certification of
				  consistency, published by the Web Accessibility Initiative of the World Wide
				  Web Consortium at a minimum Level AA success criteria.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 5 - Appeals of Certifications of Consistency › Section 5022 - Filing of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  later than 30 calendar days after the date a certification of consistency is
				  filed with the council, any person, including a member of the council or its
				  executive officer, or delegee, may file an appeal claiming that a proposed
				  covered action is inconsistent with the Delta Plan and, as a result of that
				  inconsistency, that action will have a significant adverse impact on the
				  achievement of one or both of the coequal goals of the Sacramento-San Joaquin
				  Delta Reform Act of 2009 (Wat. Code, § 85000 et seq.) or implementation of
				  government-sponsored flood control programs to reduce risks to people and
				  property in the Delta.
(b) All
				  appeals shall be in writing and filed with any supporting documentation through
				  the council's covered actions portal and shall be public records consistent
				  with the California Public Records Act (Gov. Code § 7920.000 et
				  seq.).
(c) An appeal shall be in
				  writing and clearly and specifically set forth the basis for the claim that the
				  covered action is inconsistent with the Delta Plan. It shall contain all of the
				  following:
(1) Appellant's name, residence
				  address or mailing address, email address, and telephone number.
(2) The project name of the covered action,
				  and identification number issued by the council.
(3) The name of the certifying
				  agency.
(4) A statement of the
				  factual allegations upon which the appeal is based.
(5) A list of the specific Delta Plan
				  policies that the appellant alleges the proposed covered action is inconsistent
				  with, and for each policy identified, both of the following:
(A) A concise statement of the authority,
				  evidence, and arguments relied on to support the appellant's claim that the
				  proposed covered action is inconsistent with the Delta Plan policy.
(B) How the claimed inconsistency will have a
				  significant adverse impact on one or both of the coequal goals or the
				  implementation of a government-sponsored flood control program to reduce risks
				  to people and property in the Delta.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 5 - Appeals of Certifications of Consistency › Section 5023 - Notice of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within five business days of the effective date of an appeal, the executive
				  officer, or delegee, shall do all of the following:
(1) Post a notice and brief description of
				  the appeal and its effective date in a conspicuous location in the council's
				  office and on its website.
(2) Mail
				  to the affected certifying agency and to any third party whose proposal is the
				  subject of the certification a copy of the notice, a brief description, and a
				  copy of the appeal documents filed with the council.
(3) Mail copies of the appeal to each member
				  of the council, and to the Delta Protection Commission for informational
				  purposes consistent with Public Resources Code section
				  29773.
(4) Mail notice to the appellant that the
				  appeal has been filed and stating the effective date of filing.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 5 - Appeals of Certifications of Consistency › Section 5024 - Ex Parte Communications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Hearings on appeals are subject to the ex parte communication restrictions of
				  the Administrative Procedure Act (Gov. Code § 11430.10 et seq.). Pursuant
				  to Government Code section
				  11430.10,
				  an ex parte communication is a "communication, direct or indirect, regarding
				  any issue in the proceeding, to the [council or council member] from an
				  employee or representative of an agency that is a party or from an interested
				  person outside the agency, without notice and opportunity for all parties to
				  participate in the communication."
(b) The restrictions on ex parte
				  communications apply from the date the appeal is filed to the date that the
				  council issues a final decision on the appeal.
(c) To ensure compliance with this section,
				  council members shall avoid ex parte communications while an appeal is pending.
				  If a council member receives an ex parte communication, including, but not
				  limited to, by an individual sending a letter to a council member concerning a
				  pending appeal matter, the council member shall notify the council's legal
				  adviser or executive officer.
(d)
				  At the first appropriate publicly noticed council meeting after an appeal is
				  filed, the council's legal adviser shall remind the council of this ex parte
				  communications restriction and answer questions about its scope.
Note: Authority cited: Sections 85210 and 85225.30, Water
						Code. Reference: Sections 11430.10 and 11430.80, Government Code.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 5 - Appeals of Certifications of Consistency › Section 5025 - Additional Information from Appellant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The council or its executive officer, or delegee, may
					 request from the appellant further information necessary to clarify, amplify,
					 correct, or otherwise supplement the information submitted with the appeal to
					 be provided by the deadlines specified by the council or its executive officer,
					 or delegee. The council or its executive officer, or delegee, may dismiss the
					 appeal for the failure of the appellant to provide information requested by a
					 specified deadline if the information requested is in the possession of or
					 under the control of the appellant.
Note: Authority cited: Sections 85210 and 85225.30, Water
						Code. Reference: Sections 85225.10, 85225.20 and 85225.25, Water Code.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 5 - Appeals of Certifications of Consistency › Section 5026 - Supplemental Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  council or its executive officer, or delegee, may supplement the record
				  submitted by the certifying agency if the council or its executive officer, or
				  delegee, determines that additional information was part of the record before
				  the certifying agency at the time of certification but was not included in the
				  certifying agency's record submitted to the council.
(b) Any party to an appeal and the Delta
				  Protection Commission may submit a request to the council to supplement the
				  record with additional documentation or information that was part of the record
				  before the certifying agency but was not included in the certifying agency's
				  submission to the council. That request, including the documentation or
				  information requested for admission, shall be submitted to the council by the
				  deadline specified by the council for that type of submission in the applicable
				  notice. Requests that are not submitted by the specified deadline in the
				  required format or that do not include the required documentation or
				  information shall not be considered for admission.
(c) To be considered for admission pursuant
				  to this section, each request shall include for each specific document or
				  information requested to be considered for admission all of the following:
(1) Specification that the request is being
				  submitted pursuant to this section.
(2) The documentation or information that is
				  the subject of the request. Each document or information that is the subject of
				  a request shall be provided as a separate electronic document or file. Multiple
				  documents or information submitted as one electronic file shall not be
				  considered for admission.
(3)
				  Specific evidence that the document or information requested for admission was
				  part of the record before the certifying agency prior to the date of the
				  council's receipt of the certification.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 5 - Appeals of Certifications of Consistency › Section 5027 - Schedules and Oral Presentations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) All deadlines and scheduling related to
				  an appeal, including, but not limited to, hearings, written submissions, and
				  requests for admission of additional information pursuant to sections 5026 and
				  5032, shall be specified in a notice issued by the council or executive
				  officer, or delegee, except as already specified by statute or this
				  article.
(2) Requests and
				  submissions provided after the deadlines specified in the applicable notice
				  shall not be considered.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 5 - Appeals of Certifications of Consistency › Section 5028 - Delta Protection Commission Comments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) The Delta Protection Commission may
				  submit written comments on issues raised by an appellant in an appeal and
				  whether the certification of consistency for the proposed covered action is
				  supported by substantial evidence in the record before the certifying
				  agency.
(2) The Delta Protection
				  Commission may further make an oral presentation to the council regarding
				  issues raised by an appellant in an appeal at the time and date of the hearing
				  on the appeal.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 5 - Appeals of Certifications of Consistency › Section 5029 - Documentation and Written Submissions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Documentation and information provided with a written submission and not
				  included in the record submittal by the certifying party shall be subject to
				  the requirements of sections 5026 and 5032 for consideration of admissibility,
				  as applicable based upon the request for admission.
(b) Each submittal shall include a cover
				  sheet that lists all of the following information in the following order:
(1) The project name of the covered action
				  and identification number issued by the council.
(2) The name of the party submitting the
				  document.
(3) The date of
				  submittal.
(4) The document
				  title.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 5 - Appeals of Certifications of Consistency › Section 5030 - Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  council shall hear appeals of certifications of consistency filed pursuant to
				  Water Code section
				  85225 within 60
				  calendar days of the effective date.
(b) Notwithstanding subsection (a), the
				  council may hear an appeal for a certification of consistency outside of 60
				  calendar days of the effective date if any of the following:
(1) The parties and the council or executive
				  officer, or delegee, agree to an extension, taking into account the
				  circumstances of the matter subject to appeal, council's hearing schedule, and
				  associated workload.
(2) Prior to
				  the hearing, the council or its executive officer, or delegee, determines that
				  the issues raised on appeal are not within the council's jurisdiction or do not
				  raise an appealable issue.
(3) The
				  council or its executive officer, or delegee, determines that all issues raised
				  on appeal are moot.
(4) The council
				  or its executive officer, or delegee, determines that all issues on appeal
				  should be dismissed or the matter remanded for failure to comply with this
				  article.
(5) The council or its
				  executive officer, or delegee, remands the matter to the certifying agency for
				  failure to submit the record pursuant to the procedures governing the filing of
				  a certification of consistency.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 5 - Appeals of Certifications of Consistency › Section 5031 - Consolidation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  council, at its discretion, may consolidate appeals raising similar
				  issues.
(b) The council or its
				  executive officer, or delegee, may address issues related to this article in
				  individual or consolidated appeals as necessary to further the interests of
				  justice.
Note: Authority cited: Sections 85210 and 85225.30, Water
						Code. Reference: Section 85225.5, Water Code.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 5 - Appeals of Certifications of Consistency › Section 5032 - Official Notice in a Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Notwithstanding any other provision of this article, the council may take
				  official notice in any hearing that it conducts of any generally accepted
				  technical or scientific matter within the council's jurisdiction and of any
				  fact that may be judicially noticed by a court.
(b)
(1) A
				  party to an appeal and the Delta Protection Commission may submit a request to
				  the council to take official notice of additional information that was not
				  included in the certifying agency's submitted record to the council. That
				  request, including the documentation or information requested for admission,
				  shall be submitted to the council by the deadline specified by the council for
				  those submittals in the applicable notice.
(2) Requests for additional information that
				  are not submitted by the council's deadline in the required format or that do
				  not include the required documentation or information shall not be considered
				  for admission.
California Code of Regulations › Title 23 - Waters › Division 6 - Delta Stewardship Council › Chapter 2 - Consistency with Regulatory Policies Contained in the Delta Plan › Article 5 - Appeals of Certifications of Consistency › Section 5033 - Issuance of Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  council shall make a decision on the appeal with specific written findings
				  within 60 calendar days of hearing the appeal.
(b) The parties and the council or the
				  executive officer, or delegee, may agree to an extension of the time for the
				  council's decision considering the circumstances of the matter subject to
				  appeal, council's hearing schedule, and associated workload.
Note: Authority cited: Sections 85210 and 85225.30, Water
						Code. Reference: Sections 85210.5, 85225.20 and 85225.25, Water Code.