Sec. 1033. Operation of cross-channel gates
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/bill/114/s/2012/eah/section-1033·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of Commerce and the Secretary of the Interior shall jointly— authorize and implement activities to ensure that the Delta Cross Channel Gates remain open to the maximum extent practicable using findings from the United States Geological Survey on diurnal behavior of juvenile salmonids, timed to maximize the peak flood tide period and provide water supply and water quality benefits for the duration of the drought emergency declaration of the State, and for the period of time such that in any year that the Sacramento Valley index is 6.5 or lower, or at the request of the State of California, and until two succeeding years following either of those events have been completed where the final Sacramento Valley Index is 7.8 or greater, consistent with operational criteria and monitoring criteria set forth into the Order Approving a Temporary Urgency Change in License and Permit Terms in Response to Drought Conditions of the California State Water Resources Control Board, effective January 31, 2014 (or a successor order) and other authorizations associated with it; with respect to the operation of the Delta Cross Channel Gates described in paragraph (1), collect data on the impact of that operation on— species listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); water quality; and water supply; collaborate with the California Department of Water Resources to install a deflection barrier at Georgiana Slough in coordination with Delta Cross Channel Gate diurnal operations to protect migrating salmonids, consistent with knowledge gained from activities carried out during 2014 and 2015; evaluate the combined salmonid survival in light of activities carried out pursuant to paragraphs
(1)through
(3)in deciding how to operate the Delta Cross Channel gates to enhance salmonid survival and water supply benefits; and not later than May 15, 2016, submit to the appropriate committees of the House of Representatives and the Senate a notice and explanation on the extent to which the gates are able to remain open. After assessing the information collected under subsection (a), the Secretary of the Interior shall recommend revisions to the operation of the Delta Cross-Channel Gates, to the Central Valley Project, and to the State Water Project, including, if appropriate, any reasonable and prudent alternative contained in the biological opinion issued by the National Marine Fisheries Service on June 4, 2009, that are likely to produce water supply benefits without causing a significant negative impact on the long-term survival of the listed fish species within the Delta or on water quality.
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Sec. 1033
Operation of cross-channel gates
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