Construction Industry Force Account Council v. Delta Wetlands

This is an appeal from a judgment of the superior court denying a petition for writ of mandamus. We affirm.

Historical Background

During the years 1980 to 1986, the Sacramento/San Joaquin Delta area experienced severe flooding resulting in levee failure and/or extensive damage on a number of the islands and tracts in that location. Much of the damage occurred to levees operated and maintained by reclamation districts existing and operating pursuant to California Water Code section 50000 et seq. The districts turned to state and federal disaster relief funds to help them finance the necessary repairs. Subsequent concern over the manner in which the districts dispensed these monies triggered the enactment of the Delta Flood Protection Act of 1988 (the Act) (Stats. 1988, ch. 28, § 1 et seq., pp. 186-192) and related legislation.

What the Act did in essence was to amend, repeal and add various sections to the Water Code relating to flood control and to authorize financial assistance to local agencies for maintenance and improvement of levees in the Delta area. Water Code sections 12300 and 12311, which were added, establish a Delta Hood Protection Fund and require the…