2007 California Water Code Article 3. Limitations On Powers And Duties

CA Codes (wat:79430-79442)

79430.  The authority shall comply with all applicable state and
federal laws, including state water laws.



79431.  The authority may not levy taxes, user fees, or assessments
without explicit legislative approval.



79432.  The authority shall exercise its powers consistent with the
California Environmental Quality Act (Division 13 commencing with
Section 21000) of the Public Resources Code).  Nothing in this
division prevents the modification or supplementation of the CALFED
Final Programmatic Environmental Impact Statement/Environmental
Impact Report, certified by the Secretary of Resources August 28,
2000, or defines the manner in which that document may be used.



79440.  For the purposes of this division, "implementing agency"
includes those state agencies identified in Section 79441 until the
United States, by statute or otherwise, has authorized the identified
federal agencies to participate in the governance and implementation
of the Bay-Delta Program in the manner set forth in this division.
Until that federal authorization has been provided, the state
implementing agencies shall consult, cooperate, and coordinate with
federal agencies in all matters related to implementation of the
program.


79441.  (a) The department, the Department of Fish and Game, and the
United States Army Corps of Engineers are the implementing agencies
for the levee program element.
   (b) The state board, the United States Environmental Protection
Agency, and the State Department of Health Services are the
implementing agencies for the water quality program element.
   (c) The Department of Fish and Game, the United States Fish and
Wildlife Service, and the United States National Marine Fisheries
Service are the implementing agencies for the ecosystem restoration
program element. If interests in land, water, or other real property
are acquired, those interests shall be acquired from willing sellers
by means of entering into voluntary agreements.
   (d) The department and the United States Bureau of Reclamation are
the implementing agencies for the water supply reliability, storage,
and conveyance elements of the program.
   (e) The department, the state board, and the United States Bureau
of Reclamation are the implementing agencies for the water use
efficiency and water transfer program elements.
   (f) The Resources Agency, the state board, the department, the
Department of Fish and Game, the Department of Conservation, the
United States Natural Resources Conservation Service, the United
States Environmental Protection Agency, and the United States Fish
and Wildlife Service are the implementing agencies for the watershed
program element.
   (g) The Resources Agency is the implementing agency for the
science program element.
   (h) The department, the Department of Fish and Game, the United
States Bureau of Reclamation, the United States Fish and Wildlife
Service, and the United States National Marine Fisheries Service are
the implementing agencies for the environmental water account program
element.


79442.  (a) It is the intent of the Legislature, in enacting this
section, that all public processes that are currently part of the
Bay-Delta Program as of the date of enactment of the act adding this
section will continue, consistent with the act that added this
section, unless legislation is enacted to change these processes.
   (b) The Secretary of the Resources Agency shall provide staff
support to the authority to assist the authority in exercising its
duties under this division.
   (c) The Department of Forestry and Fire Protection shall provide
administrative support to assist the Secretary of the Resources
Agency in carrying out the duties assigned to the secretary by this
section. That administrative support includes, but is not limited to,
all of the following:
   (1) Contracting and purchasing.
   (2) Budgeting and accounting.
   (3) Information technology.
   (4) Business services.
   (5) Human resources.
   (d) (1) Except as provided in paragraph (2), the Secretary of the
Resources Agency shall administer all contracts, grants, leases, and
agreements under this division.
   (2) The Department of Fish and Game shall administer all
contracts, grants, leases, or agreements that relate to the
implementation of the ecosystem restoration program under this
division.
   (3) The exercise of the authority described in paragraphs (1) and
(2) shall not be subject to review or approval by the Department of
General Services.
   (4) No contract, lease, license, or any other agreement to which
the authority is a party shall become void or voidable as a result of
the implementation of this subdivision, but shall continue in full
force and effect.
   (e) The Secretary of the Resources Agency shall assume from the
authority all of the administrative rights, abilities, obligations,
and duties of the authority, except those rights, abilities,
obligations, and duties assigned to the Department of Fish and Game
by this section.
   (f) The Secretary of the Resources Agency shall have possession
and control of all records, papers, equipment, supplies, and
contracts, leases, agreements, and other property, real or personal,
connected with the administration of this division, or held for the
benefit or use of the authority.
   (g) All positions transferred from the authority in the Budget Act
of 2006 shall be used to support the Bay-Delta Program or the
Secretary of the Resources Agency. The status, position, and rights
of any officer or employee shall not be affected by this transfer and
all officers and employees shall be retained pursuant to the
applicable provisions of the State Civil Service Act (Part 2
(commencing with Section 18500) of Division 5 of Title 2 of the
Government Code), except as to any position that is exempt from civil
service.