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WC Sec 79403.5-79407 General Provisions (CALIFORNIA BAY-DELTA AUTHORITY ACT)
79403.5. (a) The authority and the implementing agencies shall
carry out the programs, projects, and activities necessary to
implement the Bay-Delta Program in accordance with Section 79441.
The authority shall coordinate the activities of the implementing
agencies to promote balanced implementation that meets the goals and
objectives of the Bay-Delta Program.
(b) State agencies, whenever feasible, shall carry out their
authority and responsibilities in a manner that is consistent with
the goals of the Bay-Delta Program to promote cooperative and
coordinated actions and programs that result in balanced solutions to
(c) Nothing in this division shall be construed to restrict or
override constitutional, statutory, regulatory, or adjudicatory
authority or public trust responsibilities of any federally
recognized Indian tribe, or any local, state, or federal agency, or
to restrict or override authority or responsibility of state,
federal, or local water project operations under applicable law and
contracts. This division does not abrogate or modify state laws with
respect to responsibilities to the State Water Project bondholders
and shall be implemented in a manner consistent with Sections 10505
and 10505.5, Article 3 (commencing with Section 11460) of Chapter 3
of Part 3 of Division 6, and Chapter 1 (commencing with Section
12200) of Part 4.5 of Division 6.
79404. This division shall be carried out in a manner consistent
with respective state and federal agency budget development, review,
and approval processes.
79405. The authority is an agency of the state. Nothing in this
division shall be construed to waive the state's immunity to suit in
federal court under the Eleventh Amendment to the United States
Constitution. A federal representative on the authority may
participate to the extent allowed by federal law and may decline to
participate in any matter with regard to which constitutional
concerns arise, as determined by that representative.
79406. State agencies, including the authority, shall work with
federal agencies and the Congress of the United States to obtain, as
soon as reasonably feasible, the necessary federal approvals,
including federal legislation, that will enable the federal agencies
to participate with the state in the governance of the Bay-Delta
Program pursuant to this division.
79407. (a) Nothing in this division may be construed as a
certification of any of the following:
(1) The CALFED Bay-Delta Program final programmatic environmental
impact statement/environmental impact report, dated July 21, 2000.
(2) The CALFED Bay-Delta Program Record of Decision, dated August
28, 2000, or as it may be amended.
(3) The Framework Agreement, dated June 9, 2000.
(b) Nothing in this division affects the rights of litigants, or
the merits of any pending lawsuit relating to the CALFED Bay-Delta