Amended IN Assembly May 25, 2018 Amended IN Assembly April 25, 2018 Amended IN Assembly April 04, 2018 Amended IN Assembly March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2649Introduced by Assembly Member ArambulaFebruary 15, 2018 An act to amend Sections 1242 and 1426 of, and to add Section 1432 to, the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGESTAB 2649, as amended, Arambula. Water rights: water management.Under existing law, the State Water Resources Control Board administers a water rights program pursuant to which the board grants permits and licenses to appropriate water. Existing law allows a person who has an urgent need to divert and use water to apply for, and the board to issue, a temporary permit, as prescribed. Existing law requires an applicant to pay an application fee and a permit fee, if a temporary permit is issued, both computed as specified.This bill would require the board to prioritize a temporary permit for a project that enhances the ability of a local or state agency to capture water during high precipitation events for local storage or recharge, with certain conditions and consistent with water rights priorities and protections for fish and wildlife. The bill would exempt temporary permits for these projects from the California Environmental Quality Act. The bill would require the board to set a reduced application fee for an applicant for a temporary permit for these projects.The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that the waste or unreasonable use or unreasonable method of use of water be prevented.Under existing law, the right to water or to the use of water is limited to that amount of water that may be reasonably required for the beneficial use to be served. Existing law provides for the reversion of water rights to which a person is entitled when the person fails to beneficially use the water for a period of 5 years. Existing law provides that the storing of water underground, including the diversion of streams and the flowing of water on lands necessary to the accomplishment of the storage, constitutes a beneficial use of water if the stored water is thereafter applied to the beneficial purposes for which the appropriation for storage was made.This bill would instead provide that the that, consistent with the applicable permit or license, any diversion of water to underground storage constitutes a diversion of water for beneficial use for which an appropriation may be made if the diverted water is put to beneficial use, as specified. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1242 of the Water Code is amended to read:1242. The Consistent with the applicable permit or license, any diversion of water to underground storage, including the diversion of water for groundwater recharge, constitutes a diversion of water for beneficial use for which an appropriation may be made if the diverted water is put to beneficial use consistent with this division. The beneficial use of water diverted to underground storage is not limited to uses requiring subsequent extraction or release of the stored water and may include beneficial uses such as protection of water quality made while the water is in underground storage. The forfeiture periods in Sections 1240 and 1241 do not include any period when the water is being used in the aquifer or storage area or is being held in underground storage for later application to beneficial use.SEC. 2. Section 1426 of the Water Code is amended to read:1426. (a) The application for a temporary permit shall be completed in accordance with the provisions of Section 1260 and shall be accompanied by such maps, drawings, and other data as may be required by the board. (b) An applicant for a temporary permit shall pay an application fee, and a permit fee if a temporary permit is issued, both computed in accordance with the provisions of Chapter 8 (commencing with Section 1525) of this part. The board shall set a reduced application fee for an applicant for a temporary permit for a project that enhances the ability of a local or state agency to capture high precipitation events for local storage or recharge.SEC. 3. Section 1432 is added to the Water Code, to read:1432. (a) The board shall prioritize a temporary permit for a project that enhances the ability of a local or state agency to capture water during high precipitation events for local storage or recharge, consistent with water rights priorities and protections for fish and wildlife.(b) The board shall condition any temporary permit issued pursuant to this section to prohibit the diversion of water at any time natural flow is insufficient to meet senior water rights, instream flow, and water quality objectives or standards.(b)(c) Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to actions by the board on a temporary permit for a project that enhances the ability of a local or state agency to capture high precipitation events for local storage or recharge.
Amended IN Assembly May 25, 2018 Amended IN Assembly April 25, 2018 Amended IN Assembly April 04, 2018 Amended IN Assembly March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2649Introduced by Assembly Member ArambulaFebruary 15, 2018 An act to amend Sections 1242 and 1426 of, and to add Section 1432 to, the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGESTAB 2649, as amended, Arambula. Water rights: water management.Under existing law, the State Water Resources Control Board administers a water rights program pursuant to which the board grants permits and licenses to appropriate water. Existing law allows a person who has an urgent need to divert and use water to apply for, and the board to issue, a temporary permit, as prescribed. Existing law requires an applicant to pay an application fee and a permit fee, if a temporary permit is issued, both computed as specified.This bill would require the board to prioritize a temporary permit for a project that enhances the ability of a local or state agency to capture water during high precipitation events for local storage or recharge, with certain conditions and consistent with water rights priorities and protections for fish and wildlife. The bill would exempt temporary permits for these projects from the California Environmental Quality Act. The bill would require the board to set a reduced application fee for an applicant for a temporary permit for these projects.The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that the waste or unreasonable use or unreasonable method of use of water be prevented.Under existing law, the right to water or to the use of water is limited to that amount of water that may be reasonably required for the beneficial use to be served. Existing law provides for the reversion of water rights to which a person is entitled when the person fails to beneficially use the water for a period of 5 years. Existing law provides that the storing of water underground, including the diversion of streams and the flowing of water on lands necessary to the accomplishment of the storage, constitutes a beneficial use of water if the stored water is thereafter applied to the beneficial purposes for which the appropriation for storage was made.This bill would instead provide that the that, consistent with the applicable permit or license, any diversion of water to underground storage constitutes a diversion of water for beneficial use for which an appropriation may be made if the diverted water is put to beneficial use, as specified. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly May 25, 2018 Amended IN Assembly April 25, 2018 Amended IN Assembly April 04, 2018 Amended IN Assembly March 22, 2018
Amended IN Assembly May 25, 2018
Amended IN Assembly April 25, 2018
Amended IN Assembly April 04, 2018
Amended IN Assembly March 22, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2649
Introduced by Assembly Member ArambulaFebruary 15, 2018
Introduced by Assembly Member Arambula
February 15, 2018
An act to amend Sections 1242 and 1426 of, and to add Section 1432 to, the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2649, as amended, Arambula. Water rights: water management.
Under existing law, the State Water Resources Control Board administers a water rights program pursuant to which the board grants permits and licenses to appropriate water. Existing law allows a person who has an urgent need to divert and use water to apply for, and the board to issue, a temporary permit, as prescribed. Existing law requires an applicant to pay an application fee and a permit fee, if a temporary permit is issued, both computed as specified.This bill would require the board to prioritize a temporary permit for a project that enhances the ability of a local or state agency to capture water during high precipitation events for local storage or recharge, with certain conditions and consistent with water rights priorities and protections for fish and wildlife. The bill would exempt temporary permits for these projects from the California Environmental Quality Act. The bill would require the board to set a reduced application fee for an applicant for a temporary permit for these projects.The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that the waste or unreasonable use or unreasonable method of use of water be prevented.Under existing law, the right to water or to the use of water is limited to that amount of water that may be reasonably required for the beneficial use to be served. Existing law provides for the reversion of water rights to which a person is entitled when the person fails to beneficially use the water for a period of 5 years. Existing law provides that the storing of water underground, including the diversion of streams and the flowing of water on lands necessary to the accomplishment of the storage, constitutes a beneficial use of water if the stored water is thereafter applied to the beneficial purposes for which the appropriation for storage was made.This bill would instead provide that the that, consistent with the applicable permit or license, any diversion of water to underground storage constitutes a diversion of water for beneficial use for which an appropriation may be made if the diverted water is put to beneficial use, as specified.
Under existing law, the State Water Resources Control Board administers a water rights program pursuant to which the board grants permits and licenses to appropriate water. Existing law allows a person who has an urgent need to divert and use water to apply for, and the board to issue, a temporary permit, as prescribed. Existing law requires an applicant to pay an application fee and a permit fee, if a temporary permit is issued, both computed as specified.
This bill would require the board to prioritize a temporary permit for a project that enhances the ability of a local or state agency to capture water during high precipitation events for local storage or recharge, with certain conditions and consistent with water rights priorities and protections for fish and wildlife. The bill would exempt temporary permits for these projects from the California Environmental Quality Act. The bill would require the board to set a reduced application fee for an applicant for a temporary permit for these projects.
The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that the waste or unreasonable use or unreasonable method of use of water be prevented.Under existing law, the right to water or to the use of water is limited to that amount of water that may be reasonably required for the beneficial use to be served. Existing law provides for the reversion of water rights to which a person is entitled when the person fails to beneficially use the water for a period of 5 years. Existing law provides that the storing of water underground, including the diversion of streams and the flowing of water on lands necessary to the accomplishment of the storage, constitutes a beneficial use of water if the stored water is thereafter applied to the beneficial purposes for which the appropriation for storage was made.
This bill would instead provide that the that, consistent with the applicable permit or license, any diversion of water to underground storage constitutes a diversion of water for beneficial use for which an appropriation may be made if the diverted water is put to beneficial use, as specified.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1242 of the Water Code is amended to read:1242. The Consistent with the applicable permit or license, any diversion of water to underground storage, including the diversion of water for groundwater recharge, constitutes a diversion of water for beneficial use for which an appropriation may be made if the diverted water is put to beneficial use consistent with this division. The beneficial use of water diverted to underground storage is not limited to uses requiring subsequent extraction or release of the stored water and may include beneficial uses such as protection of water quality made while the water is in underground storage. The forfeiture periods in Sections 1240 and 1241 do not include any period when the water is being used in the aquifer or storage area or is being held in underground storage for later application to beneficial use.SEC. 2. Section 1426 of the Water Code is amended to read:1426. (a) The application for a temporary permit shall be completed in accordance with the provisions of Section 1260 and shall be accompanied by such maps, drawings, and other data as may be required by the board. (b) An applicant for a temporary permit shall pay an application fee, and a permit fee if a temporary permit is issued, both computed in accordance with the provisions of Chapter 8 (commencing with Section 1525) of this part. The board shall set a reduced application fee for an applicant for a temporary permit for a project that enhances the ability of a local or state agency to capture high precipitation events for local storage or recharge.SEC. 3. Section 1432 is added to the Water Code, to read:1432. (a) The board shall prioritize a temporary permit for a project that enhances the ability of a local or state agency to capture water during high precipitation events for local storage or recharge, consistent with water rights priorities and protections for fish and wildlife.(b) The board shall condition any temporary permit issued pursuant to this section to prohibit the diversion of water at any time natural flow is insufficient to meet senior water rights, instream flow, and water quality objectives or standards.(b)(c) Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to actions by the board on a temporary permit for a project that enhances the ability of a local or state agency to capture high precipitation events for local storage or recharge.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1242 of the Water Code is amended to read:1242. The Consistent with the applicable permit or license, any diversion of water to underground storage, including the diversion of water for groundwater recharge, constitutes a diversion of water for beneficial use for which an appropriation may be made if the diverted water is put to beneficial use consistent with this division. The beneficial use of water diverted to underground storage is not limited to uses requiring subsequent extraction or release of the stored water and may include beneficial uses such as protection of water quality made while the water is in underground storage. The forfeiture periods in Sections 1240 and 1241 do not include any period when the water is being used in the aquifer or storage area or is being held in underground storage for later application to beneficial use.
SECTION 1. Section 1242 of the Water Code is amended to read:
### SECTION 1.
1242. The Consistent with the applicable permit or license, any diversion of water to underground storage, including the diversion of water for groundwater recharge, constitutes a diversion of water for beneficial use for which an appropriation may be made if the diverted water is put to beneficial use consistent with this division. The beneficial use of water diverted to underground storage is not limited to uses requiring subsequent extraction or release of the stored water and may include beneficial uses such as protection of water quality made while the water is in underground storage. The forfeiture periods in Sections 1240 and 1241 do not include any period when the water is being used in the aquifer or storage area or is being held in underground storage for later application to beneficial use.
1242. The Consistent with the applicable permit or license, any diversion of water to underground storage, including the diversion of water for groundwater recharge, constitutes a diversion of water for beneficial use for which an appropriation may be made if the diverted water is put to beneficial use consistent with this division. The beneficial use of water diverted to underground storage is not limited to uses requiring subsequent extraction or release of the stored water and may include beneficial uses such as protection of water quality made while the water is in underground storage. The forfeiture periods in Sections 1240 and 1241 do not include any period when the water is being used in the aquifer or storage area or is being held in underground storage for later application to beneficial use.
1242. The Consistent with the applicable permit or license, any diversion of water to underground storage, including the diversion of water for groundwater recharge, constitutes a diversion of water for beneficial use for which an appropriation may be made if the diverted water is put to beneficial use consistent with this division. The beneficial use of water diverted to underground storage is not limited to uses requiring subsequent extraction or release of the stored water and may include beneficial uses such as protection of water quality made while the water is in underground storage. The forfeiture periods in Sections 1240 and 1241 do not include any period when the water is being used in the aquifer or storage area or is being held in underground storage for later application to beneficial use.
1242. The Consistent with the applicable permit or license, any diversion of water to underground storage, including the diversion of water for groundwater recharge, constitutes a diversion of water for beneficial use for which an appropriation may be made if the diverted water is put to beneficial use consistent with this division. The beneficial use of water diverted to underground storage is not limited to uses requiring subsequent extraction or release of the stored water and may include beneficial uses such as protection of water quality made while the water is in underground storage. The forfeiture periods in Sections 1240 and 1241 do not include any period when the water is being used in the aquifer or storage area or is being held in underground storage for later application to beneficial use.
SEC. 2. Section 1426 of the Water Code is amended to read:1426. (a) The application for a temporary permit shall be completed in accordance with the provisions of Section 1260 and shall be accompanied by such maps, drawings, and other data as may be required by the board. (b) An applicant for a temporary permit shall pay an application fee, and a permit fee if a temporary permit is issued, both computed in accordance with the provisions of Chapter 8 (commencing with Section 1525) of this part. The board shall set a reduced application fee for an applicant for a temporary permit for a project that enhances the ability of a local or state agency to capture high precipitation events for local storage or recharge.
SEC. 2. Section 1426 of the Water Code is amended to read:
### SEC. 2.
1426. (a) The application for a temporary permit shall be completed in accordance with the provisions of Section 1260 and shall be accompanied by such maps, drawings, and other data as may be required by the board. (b) An applicant for a temporary permit shall pay an application fee, and a permit fee if a temporary permit is issued, both computed in accordance with the provisions of Chapter 8 (commencing with Section 1525) of this part. The board shall set a reduced application fee for an applicant for a temporary permit for a project that enhances the ability of a local or state agency to capture high precipitation events for local storage or recharge.
1426. (a) The application for a temporary permit shall be completed in accordance with the provisions of Section 1260 and shall be accompanied by such maps, drawings, and other data as may be required by the board. (b) An applicant for a temporary permit shall pay an application fee, and a permit fee if a temporary permit is issued, both computed in accordance with the provisions of Chapter 8 (commencing with Section 1525) of this part. The board shall set a reduced application fee for an applicant for a temporary permit for a project that enhances the ability of a local or state agency to capture high precipitation events for local storage or recharge.
1426. (a) The application for a temporary permit shall be completed in accordance with the provisions of Section 1260 and shall be accompanied by such maps, drawings, and other data as may be required by the board. (b) An applicant for a temporary permit shall pay an application fee, and a permit fee if a temporary permit is issued, both computed in accordance with the provisions of Chapter 8 (commencing with Section 1525) of this part. The board shall set a reduced application fee for an applicant for a temporary permit for a project that enhances the ability of a local or state agency to capture high precipitation events for local storage or recharge.
1426. (a) The application for a temporary permit shall be completed in accordance with the provisions of Section 1260 and shall be accompanied by such maps, drawings, and other data as may be required by the board.
(b) An applicant for a temporary permit shall pay an application fee, and a permit fee if a temporary permit is issued, both computed in accordance with the provisions of Chapter 8 (commencing with Section 1525) of this part. The board shall set a reduced application fee for an applicant for a temporary permit for a project that enhances the ability of a local or state agency to capture high precipitation events for local storage or recharge.
SEC. 3. Section 1432 is added to the Water Code, to read:1432. (a) The board shall prioritize a temporary permit for a project that enhances the ability of a local or state agency to capture water during high precipitation events for local storage or recharge, consistent with water rights priorities and protections for fish and wildlife.(b) The board shall condition any temporary permit issued pursuant to this section to prohibit the diversion of water at any time natural flow is insufficient to meet senior water rights, instream flow, and water quality objectives or standards.(b)(c) Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to actions by the board on a temporary permit for a project that enhances the ability of a local or state agency to capture high precipitation events for local storage or recharge.
SEC. 3. Section 1432 is added to the Water Code, to read:
### SEC. 3.
1432. (a) The board shall prioritize a temporary permit for a project that enhances the ability of a local or state agency to capture water during high precipitation events for local storage or recharge, consistent with water rights priorities and protections for fish and wildlife.(b) The board shall condition any temporary permit issued pursuant to this section to prohibit the diversion of water at any time natural flow is insufficient to meet senior water rights, instream flow, and water quality objectives or standards.(b)(c) Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to actions by the board on a temporary permit for a project that enhances the ability of a local or state agency to capture high precipitation events for local storage or recharge.
1432. (a) The board shall prioritize a temporary permit for a project that enhances the ability of a local or state agency to capture water during high precipitation events for local storage or recharge, consistent with water rights priorities and protections for fish and wildlife.(b) The board shall condition any temporary permit issued pursuant to this section to prohibit the diversion of water at any time natural flow is insufficient to meet senior water rights, instream flow, and water quality objectives or standards.(b)(c) Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to actions by the board on a temporary permit for a project that enhances the ability of a local or state agency to capture high precipitation events for local storage or recharge.
1432. (a) The board shall prioritize a temporary permit for a project that enhances the ability of a local or state agency to capture water during high precipitation events for local storage or recharge, consistent with water rights priorities and protections for fish and wildlife.(b) The board shall condition any temporary permit issued pursuant to this section to prohibit the diversion of water at any time natural flow is insufficient to meet senior water rights, instream flow, and water quality objectives or standards.(b)(c) Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to actions by the board on a temporary permit for a project that enhances the ability of a local or state agency to capture high precipitation events for local storage or recharge.
1432. (a) The board shall prioritize a temporary permit for a project that enhances the ability of a local or state agency to capture water during high precipitation events for local storage or recharge, consistent with water rights priorities and protections for fish and wildlife.
(b) The board shall condition any temporary permit issued pursuant to this section to prohibit the diversion of water at any time natural flow is insufficient to meet senior water rights, instream flow, and water quality objectives or standards.
(b)
(c) Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to actions by the board on a temporary permit for a project that enhances the ability of a local or state agency to capture high precipitation events for local storage or recharge.