State or local public agencies proposing to undertake a covered action are required, prior to initiating the implementation of that covered action, to prepare a written Certification of Consistency with detailed findings as to whether the covered action is consistent with the Delta Plan and to submit that Certification to the Council.
Appeal of Certification of Consistency for a covered action:
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. (Water Code § 85225.10) Please see the Council’s Administrative Procedures Governing Appeals document for more information regarding the appeal process.
Appeals must be filed no later than 30 days after the submission of the Certification of Consistency. If no person appeals the Certification of Consistency, the State or local public agency may proceed to implement the covered action. (Water Code § 85225.15)