California 2011 2011-2012 Regular Session

California Senate Bill SB1386 Amended / Bill

Filed 07/03/2012

 BILL NUMBER: SB 1386AMENDED BILL TEXT AMENDED IN ASSEMBLY JULY 3, 2012 AMENDED IN SENATE APRIL 12, 2012 INTRODUCED BY Senator Lowenthal FEBRUARY 24, 2012 An act to amend Section 71610 of the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGEST SB 1386, as amended, Lowenthal. Municipal water districts: water  storage.  storage: groundwat   er.  The Municipal Water District Law of 1911 provides for the formation of municipal water districts and grants to those districts specified powers. Existing law permits a district to acquire, control, distribute, store, spread, sink, treat, purify, recycle, recapture, and salvage any water for the beneficial use of the district, its inhabitants, or the owners of right to water in the district. This bill would prohibit a district located in a county with a population greater than 8 million persons and where at least 80% of the area of the district is included within the boundaries of a water replenishment district from having specified authority relating to the storage of  water   groundwater  . Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 71610 of the Water Code is amended to read: 71610. (a) Except as provided in subdivision (b), a district may acquire, control, distribute, store, spread, sink, treat, purify, recycle, recapture, and salvage any water, including sewage and storm waters, for the beneficial use or uses of the district, its inhabitants, or the owners of rights to water in the district. (b) For a district located in a county with a population greater than 8 million persons and where 80 percent of the area of the district is included within the boundaries of a water replenishment district organized pursuant to Division 18 (commencing with Section 60000), the district shall have no authority to do any of the following: (1) Manage, control, or administer the importation of water for  storage, or  the storage of groundwater. (2) Store water underground except pursuant to either of the following: (A) A contract with an independent holder of adjudicated groundwater extraction rights within the boundaries of the district and for the account of the water rights holder. (B) A court order issued by a court having jurisdiction over the adjudication of groundwater extraction rights within the groundwater basin where storage is sought.