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| 1 | + | Amended IN Assembly March 27, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 947Introduced by Assembly Member GallagherFebruary 16, 2017 An act to amend Section 1601 of the Fish and Game Code, relating to fish and wildlife. LEGISLATIVE COUNSEL'S DIGESTAB 947, as amended, Gallagher. Department of Fish and Wildlife: lake or streambed alteration agreements. agreements: definitions.Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake, without first notifying the Department of Fish and Wildlife of that activity, and entering into a lake or streambed alteration agreement if required by the department to protect fish and wildlife resources.This bill would define bed, channel, or bank bank, bed, channel, and river and stream for purposes of these provisions to mean the land containing the river, stream, or lake during its ordinary course. provisions.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 1601 of the Fish and Game Code is amended to read:1601. The following definitions apply to this chapter:(a) Agreement means a lake or streambed alteration agreement.(b)Bed, channel, or bank means the land containing the river, stream, or lake during its ordinary course.(b) Bank means that portion of the land immediately along the side of the bed of a river, stream, or lake that serves to confine the waters of the river, stream, or lake within its bed during their ordinary flows.(c) Bed means the land over which the water of a river, stream, or lake flows at least periodically or intermittently, and which extends to the ordinary high-water mark.(d) Channel means the deepest portion of the bed of a river or stream over which the principal volume of water of the river or stream flows.(c)(e) Day means calendar day.(d)(f) Emergency has the same definition as in Section 21060.3 of the Public Resources Code.(e)(g) Entity means any person, state or local governmental agency, or public utility that is subject to this chapter.(h) River and stream mean bodies of water that flow at least periodically or intermittently through a bed or channel having banks and supporting fish, other aquatic life, or riparian vegetation. Flows include surface and occasional subsurface flows that support or have supported riparian vegetation. | |
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| 3 | - | ||
| 3 | + | Amended IN Assembly March 27, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 947Introduced by Assembly Member GallagherFebruary 16, 2017 An act to amend Section 1601 of the Fish and Game Code, relating to fish and wildlife. LEGISLATIVE COUNSEL'S DIGESTAB 947, as amended, Gallagher. Department of Fish and Wildlife: lake or streambed alteration agreements. agreements: definitions.Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake, without first notifying the Department of Fish and Wildlife of that activity, and entering into a lake or streambed alteration agreement if required by the department to protect fish and wildlife resources.This bill would define bed, channel, or bank bank, bed, channel, and river and stream for purposes of these provisions to mean the land containing the river, stream, or lake during its ordinary course. provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 27, 2017 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 17, 2017 | |
| 8 | 7 | Amended IN Assembly March 27, 2017 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill No. 947 | |
| 13 | 12 | ||
| 14 | - | Introduced by Assembly Member | |
| 13 | + | Introduced by Assembly Member GallagherFebruary 16, 2017 | |
| 15 | 14 | ||
| 16 | - | Introduced by Assembly Member Gallagher | |
| 15 | + | Introduced by Assembly Member Gallagher | |
| 17 | 16 | February 16, 2017 | |
| 18 | 17 | ||
| 19 | 18 | An act to amend Section 1601 of the Fish and Game Code, relating to fish and wildlife. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | - | AB 947, as amended, Gallagher. Department of Fish and Wildlife: lake or streambed alteration agreements: definitions. | |
| 24 | + | AB 947, as amended, Gallagher. Department of Fish and Wildlife: lake or streambed alteration agreements. agreements: definitions. | |
| 26 | 25 | ||
| 27 | - | Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake, without first notifying the Department of Fish and Wildlife of that activity, and entering into a lake or streambed alteration agreement if required by the department to protect fish and wildlife resources.This bill would define bank, bed, channel, and river and stream for purposes of these provisions. | |
| 26 | + | Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake, without first notifying the Department of Fish and Wildlife of that activity, and entering into a lake or streambed alteration agreement if required by the department to protect fish and wildlife resources.This bill would define bed, channel, or bank bank, bed, channel, and river and stream for purposes of these provisions to mean the land containing the river, stream, or lake during its ordinary course. provisions. | |
| 28 | 27 | ||
| 29 | 28 | Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake, without first notifying the Department of Fish and Wildlife of that activity, and entering into a lake or streambed alteration agreement if required by the department to protect fish and wildlife resources. | |
| 30 | 29 | ||
| 31 | - | This bill would define bank, bed, channel, and river and stream for purposes of these provisions. | |
| 30 | + | This bill would define bed, channel, or bank bank, bed, channel, and river and stream for purposes of these provisions to mean the land containing the river, stream, or lake during its ordinary course. provisions. | |
| 32 | 31 | ||
| 33 | 32 | ## Digest Key | |
| 34 | 33 | ||
| 35 | 34 | ## Bill Text | |
| 36 | 35 | ||
| 37 | - | The people of the State of California do enact as follows:SECTION 1 | |
| 36 | + | The people of the State of California do enact as follows:SECTION 1. Section 1601 of the Fish and Game Code is amended to read:1601. The following definitions apply to this chapter:(a) Agreement means a lake or streambed alteration agreement.(b)Bed, channel, or bank means the land containing the river, stream, or lake during its ordinary course.(b) Bank means that portion of the land immediately along the side of the bed of a river, stream, or lake that serves to confine the waters of the river, stream, or lake within its bed during their ordinary flows.(c) Bed means the land over which the water of a river, stream, or lake flows at least periodically or intermittently, and which extends to the ordinary high-water mark.(d) Channel means the deepest portion of the bed of a river or stream over which the principal volume of water of the river or stream flows.(c)(e) Day means calendar day.(d)(f) Emergency has the same definition as in Section 21060.3 of the Public Resources Code.(e)(g) Entity means any person, state or local governmental agency, or public utility that is subject to this chapter.(h) River and stream mean bodies of water that flow at least periodically or intermittently through a bed or channel having banks and supporting fish, other aquatic life, or riparian vegetation. Flows include surface and occasional subsurface flows that support or have supported riparian vegetation. | |
| 38 | 37 | ||
| 39 | 38 | The people of the State of California do enact as follows: | |
| 40 | 39 | ||
| 41 | 40 | ## The people of the State of California do enact as follows: | |
| 42 | 41 | ||
| 43 | - | SECTION 1. | |
| 42 | + | SECTION 1. Section 1601 of the Fish and Game Code is amended to read:1601. The following definitions apply to this chapter:(a) Agreement means a lake or streambed alteration agreement.(b)Bed, channel, or bank means the land containing the river, stream, or lake during its ordinary course.(b) Bank means that portion of the land immediately along the side of the bed of a river, stream, or lake that serves to confine the waters of the river, stream, or lake within its bed during their ordinary flows.(c) Bed means the land over which the water of a river, stream, or lake flows at least periodically or intermittently, and which extends to the ordinary high-water mark.(d) Channel means the deepest portion of the bed of a river or stream over which the principal volume of water of the river or stream flows.(c)(e) Day means calendar day.(d)(f) Emergency has the same definition as in Section 21060.3 of the Public Resources Code.(e)(g) Entity means any person, state or local governmental agency, or public utility that is subject to this chapter.(h) River and stream mean bodies of water that flow at least periodically or intermittently through a bed or channel having banks and supporting fish, other aquatic life, or riparian vegetation. Flows include surface and occasional subsurface flows that support or have supported riparian vegetation. | |
| 44 | 43 | ||
| 45 | - | SECTION 1. It is the intent of the Legislature to enact legislation to codify definitions of bank, bed, and channel for purposes of Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code that are consistent with case law, including the foundational case Rutherford v. State of California (1987) 188 Cal.App.3d 1267, and the definition of river and stream in Section 1601 of the Fish and Game Code. | |
| 46 | - | ||
| 47 | - | SECTION 1. It is the intent of the Legislature to enact legislation to codify definitions of bank, bed, and channel for purposes of Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code that are consistent with case law, including the foundational case Rutherford v. State of California (1987) 188 Cal.App.3d 1267, and the definition of river and stream in Section 1601 of the Fish and Game Code. | |
| 44 | + | SECTION 1. Section 1601 of the Fish and Game Code is amended to read: | |
| 48 | 45 | ||
| 49 | 46 | ### SECTION 1. | |
| 50 | 47 | ||
| 51 | - | ||
| 48 | + | 1601. The following definitions apply to this chapter:(a) Agreement means a lake or streambed alteration agreement.(b)Bed, channel, or bank means the land containing the river, stream, or lake during its ordinary course.(b) Bank means that portion of the land immediately along the side of the bed of a river, stream, or lake that serves to confine the waters of the river, stream, or lake within its bed during their ordinary flows.(c) Bed means the land over which the water of a river, stream, or lake flows at least periodically or intermittently, and which extends to the ordinary high-water mark.(d) Channel means the deepest portion of the bed of a river or stream over which the principal volume of water of the river or stream flows.(c)(e) Day means calendar day.(d)(f) Emergency has the same definition as in Section 21060.3 of the Public Resources Code.(e)(g) Entity means any person, state or local governmental agency, or public utility that is subject to this chapter.(h) River and stream mean bodies of water that flow at least periodically or intermittently through a bed or channel having banks and supporting fish, other aquatic life, or riparian vegetation. Flows include surface and occasional subsurface flows that support or have supported riparian vegetation. | |
| 52 | 49 | ||
| 53 | - | ||
| 50 | + | 1601. The following definitions apply to this chapter:(a) Agreement means a lake or streambed alteration agreement.(b)Bed, channel, or bank means the land containing the river, stream, or lake during its ordinary course.(b) Bank means that portion of the land immediately along the side of the bed of a river, stream, or lake that serves to confine the waters of the river, stream, or lake within its bed during their ordinary flows.(c) Bed means the land over which the water of a river, stream, or lake flows at least periodically or intermittently, and which extends to the ordinary high-water mark.(d) Channel means the deepest portion of the bed of a river or stream over which the principal volume of water of the river or stream flows.(c)(e) Day means calendar day.(d)(f) Emergency has the same definition as in Section 21060.3 of the Public Resources Code.(e)(g) Entity means any person, state or local governmental agency, or public utility that is subject to this chapter.(h) River and stream mean bodies of water that flow at least periodically or intermittently through a bed or channel having banks and supporting fish, other aquatic life, or riparian vegetation. Flows include surface and occasional subsurface flows that support or have supported riparian vegetation. | |
| 54 | 51 | ||
| 55 | - | ### SECTION 1.SEC. 2. | |
| 56 | - | ||
| 57 | - | 1601. The following definitions apply to this chapter:(a) Agreement means a lake or streambed alteration agreement.(b)Bank means that portion of the land immediately along the side of the bed of a river, stream, or lake that serves to confine the waters of the river, stream, or lake within its bed during their ordinary flows.(c)Bed means the land over which the water of a river, stream, or lake flows at least periodically or intermittently, and which extends to the ordinary high-water mark.(d)Channel means the deepest portion of the bed of a river or stream over which the principal volume of water of the river or stream flows.(e)(b) Day means calendar day.(f)(c) Emergency has the same definition as in Section 21060.3 of the Public Resources Code.(g)(d) Entity means any person, state or local governmental agency, or public utility that is subject to this chapter.(h)(e) River and stream mean bodies a body of water that flow flows at least periodically or intermittently through a bed or channel having banks and supporting fish, supports fish or other aquatic life, or riparian vegetation. Flows include surface and occasional subsurface flows that support or have supported riparian vegetation. life. This includes watercourses having a surface or subsurface flow that supports or have supported riparian vegetation. | |
| 58 | - | ||
| 59 | - | 1601. The following definitions apply to this chapter:(a) Agreement means a lake or streambed alteration agreement.(b)Bank means that portion of the land immediately along the side of the bed of a river, stream, or lake that serves to confine the waters of the river, stream, or lake within its bed during their ordinary flows.(c)Bed means the land over which the water of a river, stream, or lake flows at least periodically or intermittently, and which extends to the ordinary high-water mark.(d)Channel means the deepest portion of the bed of a river or stream over which the principal volume of water of the river or stream flows.(e)(b) Day means calendar day.(f)(c) Emergency has the same definition as in Section 21060.3 of the Public Resources Code.(g)(d) Entity means any person, state or local governmental agency, or public utility that is subject to this chapter.(h)(e) River and stream mean bodies a body of water that flow flows at least periodically or intermittently through a bed or channel having banks and supporting fish, supports fish or other aquatic life, or riparian vegetation. Flows include surface and occasional subsurface flows that support or have supported riparian vegetation. life. This includes watercourses having a surface or subsurface flow that supports or have supported riparian vegetation. | |
| 60 | - | ||
| 61 | - | 1601. The following definitions apply to this chapter:(a) Agreement means a lake or streambed alteration agreement.(b)Bank means that portion of the land immediately along the side of the bed of a river, stream, or lake that serves to confine the waters of the river, stream, or lake within its bed during their ordinary flows.(c)Bed means the land over which the water of a river, stream, or lake flows at least periodically or intermittently, and which extends to the ordinary high-water mark.(d)Channel means the deepest portion of the bed of a river or stream over which the principal volume of water of the river or stream flows.(e)(b) Day means calendar day.(f)(c) Emergency has the same definition as in Section 21060.3 of the Public Resources Code.(g)(d) Entity means any person, state or local governmental agency, or public utility that is subject to this chapter.(h)(e) River and stream mean bodies a body of water that flow flows at least periodically or intermittently through a bed or channel having banks and supporting fish, supports fish or other aquatic life, or riparian vegetation. Flows include surface and occasional subsurface flows that support or have supported riparian vegetation. life. This includes watercourses having a surface or subsurface flow that supports or have supported riparian vegetation. | |
| 52 | + | 1601. The following definitions apply to this chapter:(a) Agreement means a lake or streambed alteration agreement.(b)Bed, channel, or bank means the land containing the river, stream, or lake during its ordinary course.(b) Bank means that portion of the land immediately along the side of the bed of a river, stream, or lake that serves to confine the waters of the river, stream, or lake within its bed during their ordinary flows.(c) Bed means the land over which the water of a river, stream, or lake flows at least periodically or intermittently, and which extends to the ordinary high-water mark.(d) Channel means the deepest portion of the bed of a river or stream over which the principal volume of water of the river or stream flows.(c)(e) Day means calendar day.(d)(f) Emergency has the same definition as in Section 21060.3 of the Public Resources Code.(e)(g) Entity means any person, state or local governmental agency, or public utility that is subject to this chapter.(h) River and stream mean bodies of water that flow at least periodically or intermittently through a bed or channel having banks and supporting fish, other aquatic life, or riparian vegetation. Flows include surface and occasional subsurface flows that support or have supported riparian vegetation. | |
| 62 | 53 | ||
| 63 | 54 | ||
| 64 | 55 | ||
| 65 | 56 | 1601. The following definitions apply to this chapter: | |
| 66 | 57 | ||
| 67 | 58 | (a) Agreement means a lake or streambed alteration agreement. | |
| 68 | 59 | ||
| 69 | - | (b)Bank means | |
| 60 | + | (b)Bed, channel, or bank means the land containing the river, stream, or lake during its ordinary course. | |
| 70 | 61 | ||
| 71 | 62 | ||
| 72 | 63 | ||
| 64 | + | (b) Bank means that portion of the land immediately along the side of the bed of a river, stream, or lake that serves to confine the waters of the river, stream, or lake within its bed during their ordinary flows. | |
| 65 | + | ||
| 73 | 66 | (c) Bed means the land over which the water of a river, stream, or lake flows at least periodically or intermittently, and which extends to the ordinary high-water mark. | |
| 67 | + | ||
| 68 | + | (d) Channel means the deepest portion of the bed of a river or stream over which the principal volume of water of the river or stream flows. | |
| 69 | + | ||
| 70 | + | (c) | |
| 74 | 71 | ||
| 75 | 72 | ||
| 76 | 73 | ||
| 77 | - | (d)Channel means the deepest portion of the bed of a river or stream over which the principal volume of water of the river or stream flows. | |
| 74 | + | (e) Day means calendar day. | |
| 75 | + | ||
| 76 | + | (d) | |
| 78 | 77 | ||
| 79 | 78 | ||
| 79 | + | ||
| 80 | + | (f) Emergency has the same definition as in Section 21060.3 of the Public Resources Code. | |
| 80 | 81 | ||
| 81 | 82 | (e) | |
| 82 | 83 | ||
| 83 | 84 | ||
| 84 | 85 | ||
| 85 | - | ( | |
| 86 | + | (g) Entity means any person, state or local governmental agency, or public utility that is subject to this chapter. | |
| 86 | 87 | ||
| 87 | - | (f) | |
| 88 | - | ||
| 89 | - | ||
| 90 | - | ||
| 91 | - | (c) Emergency has the same definition as in Section 21060.3 of the Public Resources Code. | |
| 92 | - | ||
| 93 | - | (g) | |
| 94 | - | ||
| 95 | - | ||
| 96 | - | ||
| 97 | - | (d) Entity means any person, state or local governmental agency, or public utility that is subject to this chapter. | |
| 98 | - | ||
| 99 | - | (h) | |
| 100 | - | ||
| 101 | - | ||
| 102 | - | ||
| 103 | - | (e) River and stream mean bodies a body of water that flow flows at least periodically or intermittently through a bed or channel having banks and supporting fish, supports fish or other aquatic life, or riparian vegetation. Flows include surface and occasional subsurface flows that support or have supported riparian vegetation. life. This includes watercourses having a surface or subsurface flow that supports or have supported riparian vegetation. | |
| 88 | + | (h) River and stream mean bodies of water that flow at least periodically or intermittently through a bed or channel having banks and supporting fish, other aquatic life, or riparian vegetation. Flows include surface and occasional subsurface flows that support or have supported riparian vegetation. |