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What is an Appeal?

Any person who claims that a covered action is inconsistent with the Delta Plan and, as a result of that inconsistency, will have a significant adverse impact on the achievement of one or both of the coequal goals or implementation of government-sponsored flood control program, may file an appeal with regard to a certification of consistency.


Water Code Section 85225.10(a) and Water Code Section 85225.15


Please review the Delta Reform Act through the links provided above. In short, the Delta Reform Act specifies that an appeal must be filed no later than 30 calendar 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. If a person appeals the certification of consistency, the Council must determine the consistency of the covered action with the Delta Plan.


The Council has 60 days to hear the appeal and an additional 60 days to make its decision and issue written determination (120 days total). If the covered action is found to be inconsistent with the Delta Plan, the project may not proceed until it is revised to be consistent with the Delta Plan, a new certification of consistency is submitted to the Council, and no person has appealed the certification of consistency.


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Administrative Procedures Governing Appeals document

Administrative Procedures Governing Appeals Flow Chart

Coequal goals

The Delta Stewardship Council was created in legislation to achieve the state mandated coequal goals for the Delta. "'Coequal goals' means the two goals of providing a more reliable water supply for California and protecting, restoring, and enhancing the Delta ecosystem. The coequal goals shall be achieved in a manner that protects and enhances the unique cultural, recreational, natural resource, and agricultural values of the Delta as an evolving place." (CA Water Code §85054)