Today's Law As Amended

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AB-1813 Sacramento-San Joaquin Delta Reform Act of 2009.(2011-2012)

As Amends the Law Today


 Section 85086 of the Water Code is amended to read:

 (a) The board shall establish an effective system of Delta watershed diversion data collection and public reporting by December 31, 2010. The system, for diversions to the Delta lowlands as shown on page 4 of the department’s Sacramento-San Joaquin Delta Atlas, dated 1993, and for other diversions to Delta lands of less than 50 cubic feet per second, in lieu of requiring reporting by those diverters, shall use data from the consumptive use index modeling currently used by the department to determine the Net Delta Outflow Index. The system may enhance or replace consumptive use index modeling with satellite imagery. The system, to the maximum extent practicable, shall use consumptive use data from consumptive use modeling or satellite imagery in lieu of public reporting of diversions. 
(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,  board,  pursuant to its public trust obligations, shall  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. That flow criteria shall ensure that there is no degradation in water quality in Delta channels and shall include flows into, within, and out of the Delta to replicate conditions when local and anadromous fish populations were at healthy and self-sustaining levels. For anadromous fish, the flow criteria shall include, at a minimum, those flows necessary to sustain the natural production of anadromous fish on a long-term basis at levels not less than twice the average levels attained during 1967 to 1991, inclusive. As used in this subdivision, “anadromous fish” include salmon, steelhead, striped bass, sturgeon, and American shad that ascend the Sacramento and San Joaquin rivers and the tributaries of those rivers and the Delta to reproduce after maturing in the San Francisco Bay or the Pacific Ocean.  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  measured fish populations in a  management program that integrates scientific and monitoring results, including the contribution of habitat and other conservation measures, into ongoing Delta water management. Measures other than flow shall not be substituted for flow unless science-based measurements of fish populations conclusively show increases in those fish populations over the levels specified in paragraph (1) that result from those other measures, so that adjustment in those flows can be made while still sustaining the required fish population levels. Any adaptive reduction in flow shall be temporary until measurement of fish populations conclusively shows the sustainability of the required fish populations. If sustainability is not demonstrated within two years from the date of the approval of the adaptive adjustment, the flows shall be returned to original levels. 
(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.
(f) The council shall not consider any Bay Delta Conservation Plan before it receives the flow determinations of the board pursuant to this section.