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Appeals Process
Per
Water Code Section 85225.3
, the Council developed and adopted Administrative Procedures Governing Appeals, which can be found in
Appendix D
of the Delta Plan.
Any person, including any member of the Council or its Executive Officer, who claims that a proposed covered action is inconsistent with the Delta Plan and, as a result of that inconsistency, that action will have a significant adverse impact on the achievement of one or both of the coequal goals or the Act 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 no later than 30 calendar days after that submittal. (Water Code Section
85225.10(a)
,
85225.15
,
85225.30
) In order to submit an on-line appeal with the Council, the appellant must first register for a user account with this system (Select the login tab above to register). If you are having trouble registering for a user account, please contact the Council at
coveredactions@deltacouncil.ca.gov
.
If you have already registered, please login above to review, create, and submit an appeal.
It is recommended that the appellant collect all the documentation related to the appeal in advance of using the on-line form. The appeal shall clearly and specifically set forth the basis for the claim, including specific factual allegations, that the covered action is inconsistent with the Delta Plan. (
Water Code Section 85225.10(b)
).
Once the on-line appeal form has been initiated, the user may save the work in progress without having to complete and submit the form. The user may return at another time to make edits to the form, complete the form or submit the completed appeal to the Council. PLEASE NOTE: Once the user has clicked the submit button – the user will not have the option of making additional edits, but if necessary, the user will have the option of withdrawing the submitted appeal.
If an appeal is submitted within the 30 calendar days (as determined by the Council) of the submission of a certification of consistency, but Council staff has not yet determined the appeal to be valid, nor has Council staff stamped the appeal as "Filed" within the 30 calendar days, then the appeal is deemed "submitted", but not “filed”. ALL APPEALS SHOULD BE SUBMITTED IN THE SYSTEM WITH SUFFICIENT AMOUNT OF TIME TO ALLOW FOR STAFF VALIDATION PROCESS.
Please
click here to review the Appeals process flow chart
for further details about the steps involved with submitting an appeal.
When you have logged in, please follow these steps to begin:
1. Go to the home tab above
2. Click on the specific covered action title for appeal
3. Click on “Submit an Appeal” button. (Only available within 30 calendar days of Certification of Consistency submission)