Sec. 108. Bay-Delta Accord
357 words·~2 min read·
/bill/115/hr/23/eh/section-108A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Central Valley Project and the State Water Project shall be operated pursuant to the water quality standards and operational constraints described in the Principles for Agreement on the Bay-Delta Standards Between the State of California and the Federal Government dated December 15, 1994, and such operations shall proceed without regard to the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.) or any other law pertaining to the operation of the Central Valley Project and the California State Water Project.
Implementation of this section shall be in strict conformance with the Principles for Agreement on the Bay-Delta Standards Between the State of California and the Federal Government dated December 15, 1994. Neither a Federal department nor the State of California, including any agency or board of the State of California, shall impose on any water right obtained pursuant to State law, including a pre-1914 appropriative right, any condition that restricts the exercise of that water right in order to conserve, enhance, recover or otherwise protect any species that is affected by operations of the Central Valley Project or California State Water Project.
Nor shall the State of California, including any agency or board of the State of California, restrict the exercise of any water right obtained pursuant to State law, including a pre-1914 appropriative right, in order to protect, enhance, or restore under the Public Trust Doctrine any public trust value. Implementation of the Principles for Agreement on the Bay-Delta Standards Between the State of California and the Federal Government dated December 15, 1994, shall be in strict compliance with the water rights priority system and statutory protections for areas of origin.
No cost associated with the implementation of this section shall be imposed directly or indirectly on any Central Valley Project contractor, or any other person or entity, unless such costs are incurred on a voluntary basis. California law is preempted with respect to any restriction on the quantity or size of nonnative fish taken or harvested that preys upon one or more native fish species that occupy the Sacramento and San Joaquin Rivers and their tributaries or the Sacramento-San Joaquin Rivers Delta.
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