Code Section

Water Code - WAT

DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85350]

  ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )
  

PART 3. DELTA GOVERNANCE [85200 - 85280]

  ( Part 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )
  

CHAPTER 3. Consistency of State and Local Public Agency Actions [85225 - 85225.30]
  ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

  
85225.10.  

(a) Any person who claims that a proposed covered action is inconsistent with the Delta Plan and, as a result of that inconsistency, the action will have a significant adverse impact on the achievement of one or both of the coequal goals or implementation of government-sponsored flood control programs to reduce risks to people and property in the Delta, may file an appeal with regard to a certification of consistency submitted to the council.

(b) The appeal shall clearly and specifically set forth the basis for the claim, including specific factual allegations, that the covered action is inconsistent with the Delta Plan. The council may request from the appellant additional information necessary to clarify, amplify, correct, or otherwise supplement the information submitted with the appeal, within a reasonable period.

(c) The council, or by delegation the executive officer, may dismiss the appeal for failure of the appellant to provide information requested by the council within the period provided, if the information requested is in the possession or under the control of the appellant.

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