OPPORTUNITY TO COMMENT: Notice of Proposed Rulemaking for Delta Plan Amendment Regarding Delta Levees Investment Strategy

Aerial view looking South along Old River, in the center is Fay Island, part of the Sacramento-San Joaquin River Delta in San Joaquin County, California. Photo by Ken James / DWR

From the Delta Stewardship Council:

The Delta Stewardship Council (Council) is proposing to amend Title 23 California Code of Regulations section 5012 and section 5001 to implement the Council’s Delta Levees Investment Strategy (DLIS). These amendments would assign a DLIS priority of Very-High Priority islands and tracts, High Priority islands or tracts, or Other Priority islands or tracts to each specific identified island or tract located within the legal boundaries of the Delta and the Suisun Marsh.

Additionally, the amendment would direct the Department of Water Resources (DWR) to fund levee projects at Very-High Priority islands or tracts before approving projects at High Priority or Other Priority islands or tracts. It also provides that if available funds are sufficient to fully fund levee improvements at the Very-High Priority islands or tracts, then funds for improvements or rehabilitation of levees on High Priority islands or tracts may be provided, and after those projects have been fully funded, then projects at Other Priority islands or tracts may be funded. The proposed amendment would require the DWR to submit an annual report to the Council including certain specific information describing Delta levee investments relative to the priorities, and would define six new terms related to the proposed amendment.

Pursuant to the Administrative Procedure Act, the Council will accept comments during a 45-day public comment period beginning on July 5, 2019 and concluding on August 19, 2019. Electronic comments are preferred and can be sent to oal_amendRRP1@deltacouncil.ca.gov.

Comments regarding this rulemaking will also be heard during the public hearing at the Council’s regularly scheduled meeting on August 22, 2019. A meeting agenda will be available on http://deltacouncil.ca.gov at least ten days before August 22, 2019 to confirm the date and time at which this item will be considered.

Documents associated with this Rulemaking process can be accessed at http://deltacouncil.ca.gov/dlis/rulemaking-to-implement-delta-plan-amendment-regarding-dlis.html.


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