California 2023 2023-2024 Regular Session

California Assembly Bill AB676 Amended / Bill

Filed 03/13/2023

                    Amended IN  Assembly  March 13, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 676Introduced by Assembly Member BennettFebruary 13, 2023 An act to amend Section 106 of the Water Code, relating to water.LEGISLATIVE COUNSEL'S DIGESTAB 676, as amended, Bennett. Water: general state policy.Existing law establishes various state water policies, including the policy that the use of water for domestic purposes is the highest use of water and that the next highest use is for irrigation.This bill would instead declare that the use of water for health and safety purposes is the highest use of water.This bill would provide specific examples of the use of water for domestic purposes, including, but not limited to, sustenance of human beings and household conveniences. The bill would provide that all water rights remain subject to specified laws.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 106 of the Water Code is amended to read:106. (a) It is hereby declared to be the established policy of this State state that the use of water for domestic purposes is the highest use of water and that the next highest use is for irrigation.(b) Domestic purposes include, but are not limited to, water use for all of the following:(1) Sustenance of human beings and household conveniences.(2) Care of household livestock and animals.(3) Care of household gardens.(4) Deliveries of water by community water systems, other public, municipal, and industrial water agencies, and water corporations regulated by the Public Utilities Commission.(c) (1) All water rights remain subject to the reasonable use doctrine, pursuant to Section 2 of Article X of the California Constitution, and the public trust doctrine, as provided in National Audubon Society v. Superior Court (1983) 33 Cal.3d 419 and subsequent California court decisions.(2) Pursuant to Section 85023, the longstanding constitutional principle of reasonable use and the public trust doctrine provide the foundation for state water management policy.SECTION 1.Section 106 of the Water Code is amended to read:106.It is hereby declared to be the established policy of this state that the use of water for health and safety purposes is the highest use of water and that the next highest use is for irrigation.

 Amended IN  Assembly  March 13, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 676Introduced by Assembly Member BennettFebruary 13, 2023 An act to amend Section 106 of the Water Code, relating to water.LEGISLATIVE COUNSEL'S DIGESTAB 676, as amended, Bennett. Water: general state policy.Existing law establishes various state water policies, including the policy that the use of water for domestic purposes is the highest use of water and that the next highest use is for irrigation.This bill would instead declare that the use of water for health and safety purposes is the highest use of water.This bill would provide specific examples of the use of water for domestic purposes, including, but not limited to, sustenance of human beings and household conveniences. The bill would provide that all water rights remain subject to specified laws.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Assembly  March 13, 2023

Amended IN  Assembly  March 13, 2023

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 676

Introduced by Assembly Member BennettFebruary 13, 2023

Introduced by Assembly Member Bennett
February 13, 2023

 An act to amend Section 106 of the Water Code, relating to water.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 676, as amended, Bennett. Water: general state policy.

Existing law establishes various state water policies, including the policy that the use of water for domestic purposes is the highest use of water and that the next highest use is for irrigation.This bill would instead declare that the use of water for health and safety purposes is the highest use of water.This bill would provide specific examples of the use of water for domestic purposes, including, but not limited to, sustenance of human beings and household conveniences. The bill would provide that all water rights remain subject to specified laws.

Existing law establishes various state water policies, including the policy that the use of water for domestic purposes is the highest use of water and that the next highest use is for irrigation.

This bill would instead declare that the use of water for health and safety purposes is the highest use of water.



This bill would provide specific examples of the use of water for domestic purposes, including, but not limited to, sustenance of human beings and household conveniences. The bill would provide that all water rights remain subject to specified laws.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 106 of the Water Code is amended to read:106. (a) It is hereby declared to be the established policy of this State state that the use of water for domestic purposes is the highest use of water and that the next highest use is for irrigation.(b) Domestic purposes include, but are not limited to, water use for all of the following:(1) Sustenance of human beings and household conveniences.(2) Care of household livestock and animals.(3) Care of household gardens.(4) Deliveries of water by community water systems, other public, municipal, and industrial water agencies, and water corporations regulated by the Public Utilities Commission.(c) (1) All water rights remain subject to the reasonable use doctrine, pursuant to Section 2 of Article X of the California Constitution, and the public trust doctrine, as provided in National Audubon Society v. Superior Court (1983) 33 Cal.3d 419 and subsequent California court decisions.(2) Pursuant to Section 85023, the longstanding constitutional principle of reasonable use and the public trust doctrine provide the foundation for state water management policy.SECTION 1.Section 106 of the Water Code is amended to read:106.It is hereby declared to be the established policy of this state that the use of water for health and safety purposes is the highest use of water and that the next highest use is for irrigation.

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 106 of the Water Code is amended to read:106. (a) It is hereby declared to be the established policy of this State state that the use of water for domestic purposes is the highest use of water and that the next highest use is for irrigation.(b) Domestic purposes include, but are not limited to, water use for all of the following:(1) Sustenance of human beings and household conveniences.(2) Care of household livestock and animals.(3) Care of household gardens.(4) Deliveries of water by community water systems, other public, municipal, and industrial water agencies, and water corporations regulated by the Public Utilities Commission.(c) (1) All water rights remain subject to the reasonable use doctrine, pursuant to Section 2 of Article X of the California Constitution, and the public trust doctrine, as provided in National Audubon Society v. Superior Court (1983) 33 Cal.3d 419 and subsequent California court decisions.(2) Pursuant to Section 85023, the longstanding constitutional principle of reasonable use and the public trust doctrine provide the foundation for state water management policy.

SECTION 1. Section 106 of the Water Code is amended to read:

### SECTION 1.

106. (a) It is hereby declared to be the established policy of this State state that the use of water for domestic purposes is the highest use of water and that the next highest use is for irrigation.(b) Domestic purposes include, but are not limited to, water use for all of the following:(1) Sustenance of human beings and household conveniences.(2) Care of household livestock and animals.(3) Care of household gardens.(4) Deliveries of water by community water systems, other public, municipal, and industrial water agencies, and water corporations regulated by the Public Utilities Commission.(c) (1) All water rights remain subject to the reasonable use doctrine, pursuant to Section 2 of Article X of the California Constitution, and the public trust doctrine, as provided in National Audubon Society v. Superior Court (1983) 33 Cal.3d 419 and subsequent California court decisions.(2) Pursuant to Section 85023, the longstanding constitutional principle of reasonable use and the public trust doctrine provide the foundation for state water management policy.

106. (a) It is hereby declared to be the established policy of this State state that the use of water for domestic purposes is the highest use of water and that the next highest use is for irrigation.(b) Domestic purposes include, but are not limited to, water use for all of the following:(1) Sustenance of human beings and household conveniences.(2) Care of household livestock and animals.(3) Care of household gardens.(4) Deliveries of water by community water systems, other public, municipal, and industrial water agencies, and water corporations regulated by the Public Utilities Commission.(c) (1) All water rights remain subject to the reasonable use doctrine, pursuant to Section 2 of Article X of the California Constitution, and the public trust doctrine, as provided in National Audubon Society v. Superior Court (1983) 33 Cal.3d 419 and subsequent California court decisions.(2) Pursuant to Section 85023, the longstanding constitutional principle of reasonable use and the public trust doctrine provide the foundation for state water management policy.

106. (a) It is hereby declared to be the established policy of this State state that the use of water for domestic purposes is the highest use of water and that the next highest use is for irrigation.(b) Domestic purposes include, but are not limited to, water use for all of the following:(1) Sustenance of human beings and household conveniences.(2) Care of household livestock and animals.(3) Care of household gardens.(4) Deliveries of water by community water systems, other public, municipal, and industrial water agencies, and water corporations regulated by the Public Utilities Commission.(c) (1) All water rights remain subject to the reasonable use doctrine, pursuant to Section 2 of Article X of the California Constitution, and the public trust doctrine, as provided in National Audubon Society v. Superior Court (1983) 33 Cal.3d 419 and subsequent California court decisions.(2) Pursuant to Section 85023, the longstanding constitutional principle of reasonable use and the public trust doctrine provide the foundation for state water management policy.



106. (a) It is hereby declared to be the established policy of this State state that the use of water for domestic purposes is the highest use of water and that the next highest use is for irrigation.

(b) Domestic purposes include, but are not limited to, water use for all of the following:

(1) Sustenance of human beings and household conveniences.

(2) Care of household livestock and animals.

(3) Care of household gardens.

(4) Deliveries of water by community water systems, other public, municipal, and industrial water agencies, and water corporations regulated by the Public Utilities Commission.

(c) (1) All water rights remain subject to the reasonable use doctrine, pursuant to Section 2 of Article X of the California Constitution, and the public trust doctrine, as provided in National Audubon Society v. Superior Court (1983) 33 Cal.3d 419 and subsequent California court decisions.

(2) Pursuant to Section 85023, the longstanding constitutional principle of reasonable use and the public trust doctrine provide the foundation for state water management policy.





It is hereby declared to be the established policy of this state that the use of water for health and safety purposes is the highest use of water and that the next highest use is for irrigation.