Bill Text: CA AB589 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Water diversion: monitoring and reporting: University of California Cooperative Extension.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2017-10-04 - Chaptered by Secretary of State - Chapter 471, Statutes of 2017. [AB589 Detail]

Download: California-2017-AB589-Amended.html

---

Amended  IN  Assembly  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 589

---

Introduced by Assembly Member Bigelow

February 14, 2017

---

An act to amend Section 1228.1 of 1841 of, and to add Section 1841.5 to, the Water Code, relating to water rights.

LEGISLATIVE COUNSEL'S DIGEST

AB 589, as amended, Bigelow. Water rights: appropriation: small domestic, small irrigation, and livestock stockpond use. diversion: monitoring and reporting: University of California Cooperative Extension.

Existing law requires a person who diverts 10 acre-feet of water or more per year under a permit or license to install and maintain a device or employ a method capable of measuring the rate of direct diversion, rate of collection to storage, and rate of withdrawal or release from storage, as specified and with certain exceptions. Existing law requires the measurements to be made using the best available technologies and best professional practices using a device or methods satisfactory to the State Water Resources Control Board. Existing law requires a permittee or licensee to demonstrate to the board at 5-year intervals that such a measuring device is operating properly, as specified.

Existing law authorizes the board to adopt regulations requiring measurement and reporting of water diversion and use by persons including, but not limited to, those authorized to appropriate water under a permit, license, or registration for small irrigation use or livestock stockpond use, or a certification for livestock stockpond use.

This bill would require the board to presume for all these purposes that a measuring device has been installed correctly, is functioning properly, and is certified to provide an accurate account of the rate and quantity of water diverted, and that measurements made by the device are in full compliance with the measurement requirements, if the device was installed by an individual who has completed an instructional course regarding the devices administered by the University of California Cooperative Extension. The bill would require the University of California Cooperative Extension to consult with the board when developing the curriculum of the course.

The Water Rights Permitting Reform Act of 1988 authorizes any person to obtain a right to appropriate water for a small domestic, small irrigation, or livestock stockpond use, as defined, upon registering the use with the State Water Resources Control Board, as prescribed, payment of a registration fee, and application of the water to reasonable and beneficial use with due diligence. Existing law sets forth various definitions for that purpose.

This bill would make nonsubstantive changes to that provision.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

---

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1841 of the Water Code is amended to read:

1841.

 (a) The board may adopt regulations requiring measurement and reporting of water diversion and use pursuant to subdivision (a) of Section 1840 by either of the following:

(1) Persons authorized to appropriate water under a permit, license, registration for small domestic, small irrigation, or livestock stockpond use, or certification for livestock stockpond use.

(2) Persons required to comply with measurement and reporting regulations pursuant to subparagraph (B) of paragraph (1) of subdivision (e) of Section 5103.

(b) The initial regulations that the board adopts pursuant to this section shall be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of the initial regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted under this section shall remain in effect until revised by the board.

(c) The adoption of the initial regulations pursuant to this article is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code.

SEC. 2.

 Section 1841.5 is added to the Water Code, to read:

1841.5.

 For the purposes of a device installed pursuant to Section 1840 or 1841, the board shall presume that the device has been installed correctly, is functioning properly, and is certified to provide an accurate account of the rate and quantity of water diverted, and that measurements made by the device are in full compliance with the requirements of this article, if the device was installed by an individual who has completed an instructional course regarding the devices administered by the University of California Cooperative Extension. The University of California Cooperative Extension shall consult with the board when developing the curriculum of the course.

SECTION 1.Section 1228.1 of the Water Code is amended to read:

1228.1.

(a)The Legislature finds and declares that it is in the public interest to provide a timely, efficient, and economic procedure for the acquisition of rights to appropriate water for a small domestic use, including incidental stock watering and irrigation uses, a small irrigation use, and for a livestock stockpond subject to prior rights.

(b)For purposes of this article, the following terms have the following meanings:

(1)“Small domestic use” means a domestic use, as that use is defined by board rule, or a use for aesthetic, fire protection, recreational, or fish and wildlife purposes that is associated with a dwelling or other facility for human occupation, that does not exceed direct diversion of 4,500 gallons per day or diversion to storage of 10 acre-feet per year.

(2)“Small irrigation use” means either of the following:

(A)An irrigation use, heat control use, or frost protection use, not to exceed diversion to storage of 20 acre-feet per year, including impoundment for incidental aesthetic, fire protection, recreational, or fish and wildlife purposes.

(B)An irrigation use not to exceed direct diversion of 42,000 gallons per day, up to a maximum of 20 acre-feet per year.

(3)“Livestock stockpond” means a water impoundment structure constructed for livestock watering use not to exceed direct diversion of 4,500 gallons per day, or diversion to storage of 10 acre-feet per year, as that use is defined by the board, and including impoundment for incidental aesthetic, fire protection, recreational, or fish and wildlife purposes.