Section 85086 Of Part 2. Early Actions From California Water Code >> Division 35. >> Part 2.
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.