Amended IN Senate September 06, 2017 Amended IN Senate July 12, 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. 589Introduced by Assembly Member BigelowFebruary 14, 2017 An act to amend Section 1841 of, and to add and repeal 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 a measuring device is functioning 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 bill, until January 1, 2023, would require any diverter diverter, as defined, who has completed an instructional course regarding the devices or measurement method administered by the University of California Cooperative Extension Extension, including passage of a proficiency test before the completion of the course, to be considered a qualified individual when installing and maintaining devices or methods of measurement for the diverters diversion and would require a diverter to recomplete the course every 6 years. diversion. The bill would require the University of California Cooperative Extension to consult with the board when developing the curriculum of the course.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. (a) For the purposes of a device installed pursuant to Section 1840 or 1841 or a method of measurement proposed and adopted pursuant to Section 934 or 935 of Title 23 of the California Code of Regulations, any diverter who has completed an instructional course regarding the devices or measurement method administered by the University of California Cooperative Extension Extension, including passage of a proficiency test before the completion of the course, shall be considered a qualified individual when installing and maintaining devices or methods of measurement for the diverters diversion. The University of California Cooperative Extension shall consult with the board when developing the curriculum of the course. A diverter shall recomplete the course every six years.(b) For purposes of this section, diverter means an individual authorized to divert water under a valid water right, a lessee of property that is subject to a water right who is acting as a representative of the water right holder, or a bona fide employee of the water right holder or lessee.(c) This section shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2023, deletes or extends that date.
Amended IN Senate September 06, 2017 Amended IN Senate July 12, 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. 589Introduced by Assembly Member BigelowFebruary 14, 2017 An act to amend Section 1841 of, and to add and repeal 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 a measuring device is functioning 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 bill, until January 1, 2023, would require any diverter diverter, as defined, who has completed an instructional course regarding the devices or measurement method administered by the University of California Cooperative Extension Extension, including passage of a proficiency test before the completion of the course, to be considered a qualified individual when installing and maintaining devices or methods of measurement for the diverters diversion and would require a diverter to recomplete the course every 6 years. diversion. The bill would require the University of California Cooperative Extension to consult with the board when developing the curriculum of the course.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate September 06, 2017 Amended IN Senate July 12, 2017 Amended IN Assembly May 26, 2017 Amended IN Assembly April 27, 2017 Amended IN Assembly March 23, 2017
Amended IN Senate September 06, 2017
Amended IN Senate July 12, 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 and repeal 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 a measuring device is functioning 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 bill, until January 1, 2023, would require any diverter diverter, as defined, who has completed an instructional course regarding the devices or measurement method administered by the University of California Cooperative Extension Extension, including passage of a proficiency test before the completion of the course, to be considered a qualified individual when installing and maintaining devices or methods of measurement for the diverters diversion and would require a diverter to recomplete the course every 6 years. diversion. The bill would require the University of California Cooperative Extension to consult with the board when developing the curriculum of the course.
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 a measuring device is functioning 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 bill, until January 1, 2023, would require any diverter diverter, as defined, who has completed an instructional course regarding the devices or measurement method administered by the University of California Cooperative Extension Extension, including passage of a proficiency test before the completion of the course, to be considered a qualified individual when installing and maintaining devices or methods of measurement for the diverters diversion and would require a diverter to recomplete the course every 6 years. diversion. The bill would require the University of California Cooperative Extension to consult with the board when developing the curriculum of the course.
## 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. (a) For the purposes of a device installed pursuant to Section 1840 or 1841 or a method of measurement proposed and adopted pursuant to Section 934 or 935 of Title 23 of the California Code of Regulations, any diverter who has completed an instructional course regarding the devices or measurement method administered by the University of California Cooperative Extension Extension, including passage of a proficiency test before the completion of the course, shall be considered a qualified individual when installing and maintaining devices or methods of measurement for the diverters diversion. The University of California Cooperative Extension shall consult with the board when developing the curriculum of the course. A diverter shall recomplete the course every six years.(b) For purposes of this section, diverter means an individual authorized to divert water under a valid water right, a lessee of property that is subject to a water right who is acting as a representative of the water right holder, or a bona fide employee of the water right holder or lessee.(c) This section shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2023, deletes or extends that date.
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. (a) For the purposes of a device installed pursuant to Section 1840 or 1841 or a method of measurement proposed and adopted pursuant to Section 934 or 935 of Title 23 of the California Code of Regulations, any diverter who has completed an instructional course regarding the devices or measurement method administered by the University of California Cooperative Extension Extension, including passage of a proficiency test before the completion of the course, shall be considered a qualified individual when installing and maintaining devices or methods of measurement for the diverters diversion. The University of California Cooperative Extension shall consult with the board when developing the curriculum of the course. A diverter shall recomplete the course every six years.(b) For purposes of this section, diverter means an individual authorized to divert water under a valid water right, a lessee of property that is subject to a water right who is acting as a representative of the water right holder, or a bona fide employee of the water right holder or lessee.(c) This section shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2023, deletes or extends that date.
SEC. 2. Section 1841.5 is added to the Water Code, to read:
### SEC. 2.
1841.5. (a) For the purposes of a device installed pursuant to Section 1840 or 1841 or a method of measurement proposed and adopted pursuant to Section 934 or 935 of Title 23 of the California Code of Regulations, any diverter who has completed an instructional course regarding the devices or measurement method administered by the University of California Cooperative Extension Extension, including passage of a proficiency test before the completion of the course, shall be considered a qualified individual when installing and maintaining devices or methods of measurement for the diverters diversion. The University of California Cooperative Extension shall consult with the board when developing the curriculum of the course. A diverter shall recomplete the course every six years.(b) For purposes of this section, diverter means an individual authorized to divert water under a valid water right, a lessee of property that is subject to a water right who is acting as a representative of the water right holder, or a bona fide employee of the water right holder or lessee.(c) This section shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2023, deletes or extends that date.
1841.5. (a) For the purposes of a device installed pursuant to Section 1840 or 1841 or a method of measurement proposed and adopted pursuant to Section 934 or 935 of Title 23 of the California Code of Regulations, any diverter who has completed an instructional course regarding the devices or measurement method administered by the University of California Cooperative Extension Extension, including passage of a proficiency test before the completion of the course, shall be considered a qualified individual when installing and maintaining devices or methods of measurement for the diverters diversion. The University of California Cooperative Extension shall consult with the board when developing the curriculum of the course. A diverter shall recomplete the course every six years.(b) For purposes of this section, diverter means an individual authorized to divert water under a valid water right, a lessee of property that is subject to a water right who is acting as a representative of the water right holder, or a bona fide employee of the water right holder or lessee.(c) This section shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2023, deletes or extends that date.
1841.5. (a) For the purposes of a device installed pursuant to Section 1840 or 1841 or a method of measurement proposed and adopted pursuant to Section 934 or 935 of Title 23 of the California Code of Regulations, any diverter who has completed an instructional course regarding the devices or measurement method administered by the University of California Cooperative Extension Extension, including passage of a proficiency test before the completion of the course, shall be considered a qualified individual when installing and maintaining devices or methods of measurement for the diverters diversion. The University of California Cooperative Extension shall consult with the board when developing the curriculum of the course. A diverter shall recomplete the course every six years.(b) For purposes of this section, diverter means an individual authorized to divert water under a valid water right, a lessee of property that is subject to a water right who is acting as a representative of the water right holder, or a bona fide employee of the water right holder or lessee.(c) This section shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2023, deletes or extends that date.
1841.5. (a) For the purposes of a device installed pursuant to Section 1840 or 1841 or a method of measurement proposed and adopted pursuant to Section 934 or 935 of Title 23 of the California Code of Regulations, any diverter who has completed an instructional course regarding the devices or measurement method administered by the University of California Cooperative Extension Extension, including passage of a proficiency test before the completion of the course, shall be considered a qualified individual when installing and maintaining devices or methods of measurement for the diverters diversion. The University of California Cooperative Extension shall consult with the board when developing the curriculum of the course. A diverter shall recomplete the course every six years.
(b) For purposes of this section, diverter means an individual authorized to divert water under a valid water right, a lessee of property that is subject to a water right who is acting as a representative of the water right holder, or a bona fide employee of the water right holder or lessee.
(c) This section shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2023, deletes or extends that date.