The judge who sank the state’s concept (it’s too vague to call it a “plan”) to save the Delta wanted to leave no room for interpretation.
“To be clear,” Sacramento Superior Court Judge Michael Kenny wrote Thursday, “the Delta Plan is invalid and must be set aside until proper revisions are completed.” At this time, he added, “there is no proposed project.”
The Delta Stewardship Council was trying to develop a program to both “save” the Delta and make water deliveries out of it “more reliable.” But, by necessity, it had to steer clear of the elephant in the Delta, Gov. Jerry Brown’s twin-tunnel plan. That left the plan unable to to meet the requirements of a 2009 law listing various criteria. Without meeting those criteria, Kenny ruled the plan amounted to mere bubbles and glimmer, and wouldn’t allow it to proceed.