Section 85003 Of Chapter 1. Short Title And Legislative Findings From California Water Code >> Division 35. >> Part 1. >> Chapter 1.
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.