The Sacramento-San Joaquin Delta Reform Act of 2009 (Delta Reform Act) established a certification process for demonstrating consistency with the Delta Plan. The Delta Reform Act requires any State or local agency proposing to undertake a qualifying action (covered action) must submit to the Council a written certification of consistency with detailed findings as to whether the covered action is consistent with the Delta Plan (Wat. Code, § 85225). Any person who claims that a proposed covered action is inconsistent with the Delta Plan and, as a result of that inconsistency, the action will have significant adverse impact on the achievement of one or both of the coequal goals or implementation of government sponsored flood control programs to reduce risks to people and property in the Delta, may appeal a certification of consistency to the Council. (Wat. Code, § 85225.10). The Delta Reform Act requires that the appeal is filed with the Council no later than 30 days after the submission of the certification of consistency (Wat. Code, § 85225.15). If there are no appeals, the state or local public agency may proceed to implement the covered action.

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