ARTICLE X A - WATER RESOURCES DEVELOPMENT 1-8 :: California Constitution



SECTION 1.  The people of the State hereby provide the following
guarantees and protections in this article for water rights, water
quality, and fish and wildlife resources.



CALIFORNIA CONSTITUTION
ARTICLE 10A  Water Resources Development


SEC. 2.  No statute amending or repealing, or adding to, the
provisions of the statute enacted by Senate Bill No. 200 of the
1979-80 Regular Session of the Legislature which specify (1) the
manner in which the State will protect fish and wildlife resources in
the Sacramento-San Joaquin Delta, Suisun Marsh, and San Francisco
Bay system westerly of the delta; (2) the manner in which the State
will protect existing water rights in the Sacramento-San Joaquin
Delta; and (3) the manner in which the State will operate the State
Water Resources Development System to comply with water quality
standards and water quality control plans, shall become effective
unless approved by the electors in the same manner as statutes
amending initiative statutes are approved; except that the
Legislature may, by statute passed in each house by roll call vote
entered in the journal, two-thirds of the membership concurring,
amend or repeal, or add to, these provisions if the statute does not
in any manner reduce the protection of the delta or fish and
wildlife.



CALIFORNIA CONSTITUTION
ARTICLE 10A  Water Resources Development


SEC. 3.  No water shall be available for appropriation by storage
in, or by direct diversion from, any of the components of the
California Wild and Scenic Rivers System, as such system exists on
January 1, 1981, where such appropriation is for export of water into
another major hydrologic basin of the State, as defined in the
Department of Water Resources Bulletin 160-74, unless such export is
expressly authorized prior to such appropriation by: (a) an
initiative statute approved by the electors, or (b) the Legislature,
by statute passed in each house by roll call vote entered in the
journal, two-thirds of the membership concurring.



CALIFORNIA CONSTITUTION
ARTICLE 10A  Water Resources Development


SEC. 4.  No statute amending or repealing, or adding to, the
provisions of Part 4.5 (commencing with Section 12200) of Division 6
of the Water Code (the Delta Protection Act) shall become effective
unless approved by the electors in the same manner as statutes
amending initiative statutes are approved; except that the
Legislature may, by statute passed in each house by roll call vote
entered in the journal, two-thirds of the membership concurring,
amend or repeal, or add to, these provisions if the statute does not
in any manner reduce the protection of the delta or fish and
wildlife.



CALIFORNIA CONSTITUTION
ARTICLE 10A  Water Resources Development


SEC. 5.  No public agency may utilize eminent domain proceedings to
acquire water rights, which are held for uses within the
Sacramento-San Joaquin Delta as defined in Section 12220 of the Water
Code, or any contract rights for water or water quality maintenance
in the Delta for the purpose of exporting such water from the Delta.
This provision shall not be construed to prohibit the utilization of
eminent domain proceedings for the purpose of acquiring land or any
other rights necessary for the construction of water facilities,
including, but not limited to, facilities authorized in Chapter 8
(commencing with Section 12930) of Part 6 of Division 6 of the Water
Code.



CALIFORNIA CONSTITUTION
ARTICLE 10A  Water Resources Development


SEC. 6.  (a) The venue of any of the following actions or
proceedings brought in a superior court shall be Sacramento County:
   (1) An action or proceeding to attack, review, set aside, void, or
annul any provision of the statute enacted by Senate Bill No. 200 of
the 1979-80 Regular Session of the Legislature.
   (2) An action or proceeding to attack, review, set aside, void, or
annul the determination made by the Director of Water Resources and
the Director of Fish and Game pursuant to subdivision (a) of Section
11255 of the Water Code.
   (3) An action or proceeding which would have the effect of
attacking, reviewing, preventing, or substantially delaying the
construction, operation, or maintenance of the peripheral canal unit
described in subdivision (a) of Section 11255 of the Water Code.
   (4) An action or proceeding to require the State Water Resources
Development System to comply with subdivision (b) of Section 11460 of
the Water Code.
   (5) An action or proceeding to require the Department of Water
Resources or its successor agency to comply with the permanent
agreement specified in subdivision (a) of Section 11256 of the Water
Code.
   (6) An action or proceeding to require the Department of Water
Resources or its successor agency to comply with the provisions of
the contracts entered into pursuant to Section 11456 of the Water
Code.
   (b) An action or proceeding described in paragraph (1) of
subdivision (a) shall be commenced within one year after the
effective date of the statute enacted by Senate Bill No. 200 of the
1979-80 Regular Session of the Legislature.  Any other action or
proceeding described in subdivision (a) shall be commenced within one
year after the cause of action arises unless a shorter period is
otherwise provided by statute.
   (c) The superior court or a court of appeals shall give preference
to the actions or proceedings described in this section over all
civil actions or proceedings pending in the court.  The superior
court shall commence hearing any such action or proceeding within six
months after the commencement of the action or proceeding, provided
that any such hearing may be delayed by joint stipulation of the
parties or at the discretion of the court for good cause shown.  The
provisions of this section shall supersede any provisions of law
requiring courts to give preference to other civil actions or
proceedings.  The provisions of this subdivision may be enforced by
mandamus.
   (d) The Supreme Court shall, upon the request of any party,
transfer to itself, before a decision in the court of appeal, any
appeal or petition for extraordinary relief from an action or
proceeding described in this section, unless the Supreme Court
determines that the action or proceeding is unlikely to substantially
affect (1) the construction, operation, or maintenance of the
peripheral canal unit described in subdivision (a) of Section 11255
of the Water Code, (2) compliance with subdivision (b) of Section
11460 of the Water Code, (3) compliance with the permanent agreement
specified in Section 11256 of the Water Code, or (4) compliance with
the provisions of the contracts entered into pursuant to Section
11456 of the Water Code.  The request for transfer shall receive
preference on the Supreme Court's calendar.  If the action or
proceeding is transferred to the Supreme Court, the Supreme Court
shall commence to hear the matter within six months of the transfer
unless the parties by joint stipulation request additional time or
the court, for good cause shown, grants additional time.
   (e) The remedy prescribed by the court for an action or proceeding
described in paragraph (4), (5), or (6) of subdivision (a) shall
include, but need not be limited to, compliance with subdivision (b)
of Section 11460 of the Water Code, the permanent agreement specified
in Section 11256 of the Water Code, or the provisions of the
contracts entered into pursuant to Section 11456 of the Water Code.
   (f) The Board of Supervisors of the County of Sacramento may apply
to the State Board of Control for actual costs imposed by the
requirements of this section upon the county, and the State Board of
Control shall pay such actual costs.
   (g) Notwithstanding the provisions of this section, nothing in
this Article shall be construed as prohibiting the Supreme Court from
exercising the transfer authority contained in Article VI, Section
12 of the Constitution.



CALIFORNIA CONSTITUTION
ARTICLE 10A  Water Resources Development


SEC. 7.  State agencies shall exercise their authorized powers in a
manner consistent with the protections provided by this article.



CALIFORNIA CONSTITUTION
ARTICLE 10A  Water Resources Development


SEC. 8.  This article shall have no force or effect unless Senate
Bill No. 200 of the 1979-80 Regular Session of the Legislature is
enacted and takes effect.
					

Last modified: January 4, 2019