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| Sacramento–San Joaquin Delta Reform Act of 2009 | |
|---|---|
| Name | Sacramento–San Joaquin Delta Reform Act of 2009 |
| Enacted by | California State Legislature |
| Signed into law | 2009 |
| Signed by | Arnold Schwarzenegger |
| Status | Active |
Sacramento–San Joaquin Delta Reform Act of 2009 was landmark California legislation addressing the Sacramento–San Joaquin River Delta, water supply reliability, and ecosystem restoration. The Act created institutional reforms intersecting with California Environmental Quality Act, Bay Delta Conservation Plan, and state agencies including the California Natural Resources Agency and California Department of Water Resources. It aimed to reconcile competing interests among United States Bureau of Reclamation, State Water Project, Central Valley Project, and regional water districts like the Metropolitan Water District of Southern California and San Joaquin Valley irrigation interests.
The Act emerged after decades of dispute involving the Sacramento River, San Joaquin River, Delta smelt, Kern County Water Agency, Friant Water Authority, and stakeholders from Contra Costa County to San Joaquin County. Political catalysts included the 1992 Central Valley Project Improvement Act, the 1994 California Water Action Plan debates, and crises linked to facilities such as Shasta Dam and the Mokelumne River diversions. Legislative sponsors negotiated amid influence from the Nature Conservancy, Natural Resources Defense Council, California Farm Bureau Federation, and representatives like lawmakers in the California State Assembly and California State Senate to produce the statute enacted by Governor Arnold Schwarzenegger in 2009.
The Act established a legal objective of protecting the Delta as an "evolving place" for the purposes of water conveyance, ecosystem restoration, and economic activity, aligning with priorities found in plans from the California Water Commission and the California State Water Resources Control Board. It mandated a Delta Plan to achieve coequal goals of increasing water supply reliability and restoring the ecosystem while recognizing interests of Sacramento County, Solano County, and San Joaquin County communities. The statute directed collaboration with federal entities such as the United States Fish and Wildlife Service and the National Marine Fisheries Service.
A central institutional creation was the Delta Stewardship Council, charged with preparing and enforcing the Delta Plan and coordinating with agencies like the Delta Protection Commission, Central Valley Flood Protection Board, and California Department of Fish and Wildlife. The Council's membership, appointment process, and duties intersect with officials from the Governor of California's office and legislative confirmations in the California Senate. The Council was empowered to adopt enforceable policies and to issue recommendations affecting operations of the State Water Project and the Central Valley Project.
The Act required a comprehensive Delta Plan integrating elements of the California Environmental Quality Act compliance, regional planning from entities such as the Delta Protection Commission, and regulatory actions by the State Water Resources Control Board. It introduced performance measures, regulatory consistency reviews, and a conflict-resolution role vis-à-vis permitting authorities like California Department of Transportation for infrastructure projects affecting the Sacramento–San Joaquin River Delta. The statute also authorized strategic habitat conservation consistent with plans from the U.S. Army Corps of Engineers and coordination with the California Coastal Commission for certain linked matters.
By prioritizing ecosystem restoration for species including the Delta smelt and migratory Chinook salmon, the Act influenced operational rules for pumping facilities affecting Contra Costa Water District and Westlands Water District service areas. It framed balancing of water exports with habitat protections in the context of science from the Interagency Ecological Program and assessments by the Public Policy Institute of California. The legislation also affected flood risk management in the Sacramento River Delta islands and required integration with projects such as levee improvements and managed retreat planning used by Reclamation Districts.
Implementation relied on funding streams and project authorizations involving the California Budget process, bond measures similar to propositions supported by legislators and stakeholders, and federal grants coordinated with the United States Environmental Protection Agency. Major project planning referenced the Bay Delta Conservation Plan and alternative conveyance studies, as well as infrastructure proposals for the Peripheral Canal concept and tunnel conveyance proposals debated by agencies including the California Department of Water Resources and regional water agencies. The Delta Stewardship Council developed performance dashboards and prioritized projects subject to state budgeting and interagency agreements.
The Act provoked litigation and political disputes involving parties such as environmental groups including the Sierra Club, agricultural interests like the California Farm Bureau Federation, and municipal suppliers including the Metropolitan Water District of Southern California. Lawsuits challenged elements under the California Environmental Quality Act and statutes governing California water rights adjudicated in courts including the California Supreme Court and federal district courts. Debates persisted over the balance between proposed conveyance projects, species protections under the Endangered Species Act, and water allocation rules administered by the State Water Resources Control Board.
Category:California statutes Category:Water law in the United States Category:Sacramento–San Joaquin River Delta