Amended IN Assembly May 26, 2017 Amended IN Assembly April 27, 2017 Amended IN Assembly March 23, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 589Introduced by Assembly Member BigelowFebruary 14, 2017 An act to amend Section 1841 of, and to add Section 1841.5 to, the Water Code, relating to water rights. LEGISLATIVE COUNSEL'S DIGESTAB 589, as amended, Bigelow. Water 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 or measurement method has been installed or implemented 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 or measurement method are in full compliance with the measurement requirements, if the device was installed or the measurement method was implemented by an individual who has completed an instructional course regarding the devices or measurement method administered by the University of California Cooperative Extension, and would require an individual to recomplete the course every 6 years. The bill would require the University of California Cooperative Extension to consult with the board when developing the curriculum of the course. The bill would require an individual who has taken the course or a qualified individual, as defined, to submit in writing to the board every 3 years that the measuring device or measurement method is installed or implemented correctly and functioning properly.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 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, 1841 or a method of measurement proposed and adopted pursuant to Section 934 or 935 of Title 23 of the California Code of Regulations, the board shall presume that the device or measurement method has been installed or implemented 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 or measurement method are in full compliance with the requirements of this article, if the device was installed or measurement method was implemented by an individual who has completed an instructional course regarding the devices or measurement method 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. An individual shall recomplete the course every six years. An individual who has completed the course developed pursuant to this section or a qualified individual, as defined in Section 931 of Title 23 of the California Code of Regulations, shall submit to the board in writing every three years that the measuring device or measurement method is installed or implemented correctly and functioning properly.
Amended IN Assembly May 26, 2017 Amended IN Assembly April 27, 2017 Amended IN Assembly March 23, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 589Introduced by Assembly Member BigelowFebruary 14, 2017 An act to amend Section 1841 of, and to add Section 1841.5 to, the Water Code, relating to water rights. LEGISLATIVE COUNSEL'S DIGESTAB 589, as amended, Bigelow. Water 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 or measurement method has been installed or implemented 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 or measurement method are in full compliance with the measurement requirements, if the device was installed or the measurement method was implemented by an individual who has completed an instructional course regarding the devices or measurement method administered by the University of California Cooperative Extension, and would require an individual to recomplete the course every 6 years. The bill would require the University of California Cooperative Extension to consult with the board when developing the curriculum of the course. The bill would require an individual who has taken the course or a qualified individual, as defined, to submit in writing to the board every 3 years that the measuring device or measurement method is installed or implemented correctly and functioning properly.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly May 26, 2017 Amended IN Assembly April 27, 2017 Amended IN Assembly March 23, 2017
Amended IN Assembly May 26, 2017
Amended IN Assembly April 27, 2017
Amended IN Assembly March 23, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 589
Introduced by Assembly Member BigelowFebruary 14, 2017
Introduced by Assembly Member Bigelow
February 14, 2017
An act to amend Section 1841 of, and to add Section 1841.5 to, the Water Code, relating to water rights.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 589, as amended, Bigelow. Water 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 or measurement method has been installed or implemented 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 or measurement method are in full compliance with the measurement requirements, if the device was installed or the measurement method was implemented by an individual who has completed an instructional course regarding the devices or measurement method administered by the University of California Cooperative Extension, and would require an individual to recomplete the course every 6 years. The bill would require the University of California Cooperative Extension to consult with the board when developing the curriculum of the course. The bill would require an individual who has taken the course or a qualified individual, as defined, to submit in writing to the board every 3 years that the measuring device or measurement method is installed or implemented correctly and functioning properly.
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 or measurement method has been installed or implemented 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 or measurement method are in full compliance with the measurement requirements, if the device was installed or the measurement method was implemented by an individual who has completed an instructional course regarding the devices or measurement method administered by the University of California Cooperative Extension, and would require an individual to recomplete the course every 6 years. The bill would require the University of California Cooperative Extension to consult with the board when developing the curriculum of the course. The bill would require an individual who has taken the course or a qualified individual, as defined, to submit in writing to the board every 3 years that the measuring device or measurement method is installed or implemented correctly and functioning properly.
## Digest Key
## 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, 1841 or a method of measurement proposed and adopted pursuant to Section 934 or 935 of Title 23 of the California Code of Regulations, the board shall presume that the device or measurement method has been installed or implemented 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 or measurement method are in full compliance with the requirements of this article, if the device was installed or measurement method was implemented by an individual who has completed an instructional course regarding the devices or measurement method 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. An individual shall recomplete the course every six years. An individual who has completed the course developed pursuant to this section or a qualified individual, as defined in Section 931 of Title 23 of the California Code of Regulations, shall submit to the board in writing every three years that the measuring device or measurement method is installed or implemented correctly and functioning properly.
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 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.
SECTION 1. Section 1841 of the Water Code is amended to read:
### SECTION 1.
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.
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.
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.
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, 1841 or a method of measurement proposed and adopted pursuant to Section 934 or 935 of Title 23 of the California Code of Regulations, the board shall presume that the device or measurement method has been installed or implemented 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 or measurement method are in full compliance with the requirements of this article, if the device was installed or measurement method was implemented by an individual who has completed an instructional course regarding the devices or measurement method 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. An individual shall recomplete the course every six years. An individual who has completed the course developed pursuant to this section or a qualified individual, as defined in Section 931 of Title 23 of the California Code of Regulations, shall submit to the board in writing every three years that the measuring device or measurement method is installed or implemented correctly and functioning properly.
SEC. 2. Section 1841.5 is added to the Water Code, to read:
### SEC. 2.
1841.5. For the purposes of a device installed pursuant to Section 1840 or 1841, 1841 or a method of measurement proposed and adopted pursuant to Section 934 or 935 of Title 23 of the California Code of Regulations, the board shall presume that the device or measurement method has been installed or implemented 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 or measurement method are in full compliance with the requirements of this article, if the device was installed or measurement method was implemented by an individual who has completed an instructional course regarding the devices or measurement method 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. An individual shall recomplete the course every six years. An individual who has completed the course developed pursuant to this section or a qualified individual, as defined in Section 931 of Title 23 of the California Code of Regulations, shall submit to the board in writing every three years that the measuring device or measurement method is installed or implemented correctly and functioning properly.
1841.5. For the purposes of a device installed pursuant to Section 1840 or 1841, 1841 or a method of measurement proposed and adopted pursuant to Section 934 or 935 of Title 23 of the California Code of Regulations, the board shall presume that the device or measurement method has been installed or implemented 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 or measurement method are in full compliance with the requirements of this article, if the device was installed or measurement method was implemented by an individual who has completed an instructional course regarding the devices or measurement method 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. An individual shall recomplete the course every six years. An individual who has completed the course developed pursuant to this section or a qualified individual, as defined in Section 931 of Title 23 of the California Code of Regulations, shall submit to the board in writing every three years that the measuring device or measurement method is installed or implemented correctly and functioning properly.
1841.5. For the purposes of a device installed pursuant to Section 1840 or 1841, 1841 or a method of measurement proposed and adopted pursuant to Section 934 or 935 of Title 23 of the California Code of Regulations, the board shall presume that the device or measurement method has been installed or implemented 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 or measurement method are in full compliance with the requirements of this article, if the device was installed or measurement method was implemented by an individual who has completed an instructional course regarding the devices or measurement method 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. An individual shall recomplete the course every six years. An individual who has completed the course developed pursuant to this section or a qualified individual, as defined in Section 931 of Title 23 of the California Code of Regulations, shall submit to the board in writing every three years that the measuring device or measurement method is installed or implemented correctly and functioning properly.
1841.5. For the purposes of a device installed pursuant to Section 1840 or 1841, 1841 or a method of measurement proposed and adopted pursuant to Section 934 or 935 of Title 23 of the California Code of Regulations, the board shall presume that the device or measurement method has been installed or implemented 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 or measurement method are in full compliance with the requirements of this article, if the device was installed or measurement method was implemented by an individual who has completed an instructional course regarding the devices or measurement method 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. An individual shall recomplete the course every six years. An individual who has completed the course developed pursuant to this section or a qualified individual, as defined in Section 931 of Title 23 of the California Code of Regulations, shall submit to the board in writing every three years that the measuring device or measurement method is installed or implemented correctly and functioning properly.