Amended IN Senate April 27, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 389Introduced by Senator AllenFebruary 09, 2023 An act to add Article 6 (commencing with Section 1860) to Chapter 12 of Part 2 of Division 2 of the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGESTSB 389, as amended, Allen. State Water Resources Control Board: determination of water right.Existing law establishes the State Water Resources Control Board within the California Environmental Protection Agency. Existing law provides generally for the appropriation of water. Existing law provides that it is the intent of the Legislature that the state take vigorous action to enforce the terms and conditions of permits, licenses, certifications, and registrations to appropriate water, to enforce state board orders and decisions, and to prevent the unlawful diversion of water.This bill would would, upon specified findings, authorize the State Water Resources Control Board to investigate the diversion and use of water from a stream system to determine whether the diversion and use are based upon appropriation, riparian right, or other basis of right, as specified. The bill would authorize the state board to adopt regulations to implement these 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. Article 6 (commencing with Section 1860) is added to Chapter 12 of Part 2 of Division 2 of the Water Code, to read: Article 6. Determination of Basis of Right1860. The Upon a finding that there is reason to believe that the information would protect the public interest or further the state boards responsibilities under Section 2 of Article X of the California Constitution or the public trust doctrine, the state board may investigate the diversion and use of water from a stream system to determine whether the diversion and use are based upon appropriation, riparian right, or other basis of right.1861. In furtherance of an investigation authorized pursuant to Section 1860, the state board may issue an information order to a water right claimant, diverter, or user to provide technical reports or other information related to a diversion and use of water, including, but not limited to, all of the following:(a) Information in addition to any information required to be reported pursuant to Part 5.1 (commencing with Section 5100).(b) Information related to the basis of the water right claimed.(c) Information related to the patent date claimed for the place of use.(d) Information related to the notice date of the appropriation and the date of actual delivery of water to beneficial use.(e) Information related to prior diversions and use, including direct diversions and diversions to storage.(f) Information related to the diversions and use of transferred water.1862. After notice and opportunity for hearing, the state board may issue a decision or order determining the diversion and use basis of right, including the authorized scope of the diversion and use, or may issue a decision or order determining that the diversion and use is not authorized under any basis of right.1863. In determining under this article whether a holder of an appropriative water right has forfeited the right or any portion of the right pursuant to Sections 1240 and 1241, the state board is not required to find the existence of a conflicting claim by any water right holder within the stream system during the period of forfeiture.1864. In any state board proceeding to determine a diversion and use basis of right under this article, the water right claimant, diverter, or user shall have the burden of proving by the preponderance of evidence the elements of the basis of right.1865. Nothing in this article shall limit the authority of the state board to issue any decision or order, or to take any other action authorized by law.1866. The state board may adopt regulations to implement this article.
Amended IN Senate April 27, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 389Introduced by Senator AllenFebruary 09, 2023 An act to add Article 6 (commencing with Section 1860) to Chapter 12 of Part 2 of Division 2 of the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGESTSB 389, as amended, Allen. State Water Resources Control Board: determination of water right.Existing law establishes the State Water Resources Control Board within the California Environmental Protection Agency. Existing law provides generally for the appropriation of water. Existing law provides that it is the intent of the Legislature that the state take vigorous action to enforce the terms and conditions of permits, licenses, certifications, and registrations to appropriate water, to enforce state board orders and decisions, and to prevent the unlawful diversion of water.This bill would would, upon specified findings, authorize the State Water Resources Control Board to investigate the diversion and use of water from a stream system to determine whether the diversion and use are based upon appropriation, riparian right, or other basis of right, as specified. The bill would authorize the state board to adopt regulations to implement these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate April 27, 2023
Amended IN Senate April 27, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 389
Introduced by Senator AllenFebruary 09, 2023
Introduced by Senator Allen
February 09, 2023
An act to add Article 6 (commencing with Section 1860) to Chapter 12 of Part 2 of Division 2 of the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 389, as amended, Allen. State Water Resources Control Board: determination of water right.
Existing law establishes the State Water Resources Control Board within the California Environmental Protection Agency. Existing law provides generally for the appropriation of water. Existing law provides that it is the intent of the Legislature that the state take vigorous action to enforce the terms and conditions of permits, licenses, certifications, and registrations to appropriate water, to enforce state board orders and decisions, and to prevent the unlawful diversion of water.This bill would would, upon specified findings, authorize the State Water Resources Control Board to investigate the diversion and use of water from a stream system to determine whether the diversion and use are based upon appropriation, riparian right, or other basis of right, as specified. The bill would authorize the state board to adopt regulations to implement these provisions.
Existing law establishes the State Water Resources Control Board within the California Environmental Protection Agency. Existing law provides generally for the appropriation of water. Existing law provides that it is the intent of the Legislature that the state take vigorous action to enforce the terms and conditions of permits, licenses, certifications, and registrations to appropriate water, to enforce state board orders and decisions, and to prevent the unlawful diversion of water.
This bill would would, upon specified findings, authorize the State Water Resources Control Board to investigate the diversion and use of water from a stream system to determine whether the diversion and use are based upon appropriation, riparian right, or other basis of right, as specified. The bill would authorize the state board to adopt regulations to implement these provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Article 6 (commencing with Section 1860) is added to Chapter 12 of Part 2 of Division 2 of the Water Code, to read: Article 6. Determination of Basis of Right1860. The Upon a finding that there is reason to believe that the information would protect the public interest or further the state boards responsibilities under Section 2 of Article X of the California Constitution or the public trust doctrine, the state board may investigate the diversion and use of water from a stream system to determine whether the diversion and use are based upon appropriation, riparian right, or other basis of right.1861. In furtherance of an investigation authorized pursuant to Section 1860, the state board may issue an information order to a water right claimant, diverter, or user to provide technical reports or other information related to a diversion and use of water, including, but not limited to, all of the following:(a) Information in addition to any information required to be reported pursuant to Part 5.1 (commencing with Section 5100).(b) Information related to the basis of the water right claimed.(c) Information related to the patent date claimed for the place of use.(d) Information related to the notice date of the appropriation and the date of actual delivery of water to beneficial use.(e) Information related to prior diversions and use, including direct diversions and diversions to storage.(f) Information related to the diversions and use of transferred water.1862. After notice and opportunity for hearing, the state board may issue a decision or order determining the diversion and use basis of right, including the authorized scope of the diversion and use, or may issue a decision or order determining that the diversion and use is not authorized under any basis of right.1863. In determining under this article whether a holder of an appropriative water right has forfeited the right or any portion of the right pursuant to Sections 1240 and 1241, the state board is not required to find the existence of a conflicting claim by any water right holder within the stream system during the period of forfeiture.1864. In any state board proceeding to determine a diversion and use basis of right under this article, the water right claimant, diverter, or user shall have the burden of proving by the preponderance of evidence the elements of the basis of right.1865. Nothing in this article shall limit the authority of the state board to issue any decision or order, or to take any other action authorized by law.1866. The state board may adopt regulations to implement this article.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Article 6 (commencing with Section 1860) is added to Chapter 12 of Part 2 of Division 2 of the Water Code, to read: Article 6. Determination of Basis of Right1860. The Upon a finding that there is reason to believe that the information would protect the public interest or further the state boards responsibilities under Section 2 of Article X of the California Constitution or the public trust doctrine, the state board may investigate the diversion and use of water from a stream system to determine whether the diversion and use are based upon appropriation, riparian right, or other basis of right.1861. In furtherance of an investigation authorized pursuant to Section 1860, the state board may issue an information order to a water right claimant, diverter, or user to provide technical reports or other information related to a diversion and use of water, including, but not limited to, all of the following:(a) Information in addition to any information required to be reported pursuant to Part 5.1 (commencing with Section 5100).(b) Information related to the basis of the water right claimed.(c) Information related to the patent date claimed for the place of use.(d) Information related to the notice date of the appropriation and the date of actual delivery of water to beneficial use.(e) Information related to prior diversions and use, including direct diversions and diversions to storage.(f) Information related to the diversions and use of transferred water.1862. After notice and opportunity for hearing, the state board may issue a decision or order determining the diversion and use basis of right, including the authorized scope of the diversion and use, or may issue a decision or order determining that the diversion and use is not authorized under any basis of right.1863. In determining under this article whether a holder of an appropriative water right has forfeited the right or any portion of the right pursuant to Sections 1240 and 1241, the state board is not required to find the existence of a conflicting claim by any water right holder within the stream system during the period of forfeiture.1864. In any state board proceeding to determine a diversion and use basis of right under this article, the water right claimant, diverter, or user shall have the burden of proving by the preponderance of evidence the elements of the basis of right.1865. Nothing in this article shall limit the authority of the state board to issue any decision or order, or to take any other action authorized by law.1866. The state board may adopt regulations to implement this article.
SECTION 1. Article 6 (commencing with Section 1860) is added to Chapter 12 of Part 2 of Division 2 of the Water Code, to read:
### SECTION 1.
Article 6. Determination of Basis of Right1860. The Upon a finding that there is reason to believe that the information would protect the public interest or further the state boards responsibilities under Section 2 of Article X of the California Constitution or the public trust doctrine, the state board may investigate the diversion and use of water from a stream system to determine whether the diversion and use are based upon appropriation, riparian right, or other basis of right.1861. In furtherance of an investigation authorized pursuant to Section 1860, the state board may issue an information order to a water right claimant, diverter, or user to provide technical reports or other information related to a diversion and use of water, including, but not limited to, all of the following:(a) Information in addition to any information required to be reported pursuant to Part 5.1 (commencing with Section 5100).(b) Information related to the basis of the water right claimed.(c) Information related to the patent date claimed for the place of use.(d) Information related to the notice date of the appropriation and the date of actual delivery of water to beneficial use.(e) Information related to prior diversions and use, including direct diversions and diversions to storage.(f) Information related to the diversions and use of transferred water.1862. After notice and opportunity for hearing, the state board may issue a decision or order determining the diversion and use basis of right, including the authorized scope of the diversion and use, or may issue a decision or order determining that the diversion and use is not authorized under any basis of right.1863. In determining under this article whether a holder of an appropriative water right has forfeited the right or any portion of the right pursuant to Sections 1240 and 1241, the state board is not required to find the existence of a conflicting claim by any water right holder within the stream system during the period of forfeiture.1864. In any state board proceeding to determine a diversion and use basis of right under this article, the water right claimant, diverter, or user shall have the burden of proving by the preponderance of evidence the elements of the basis of right.1865. Nothing in this article shall limit the authority of the state board to issue any decision or order, or to take any other action authorized by law.1866. The state board may adopt regulations to implement this article.
Article 6. Determination of Basis of Right1860. The Upon a finding that there is reason to believe that the information would protect the public interest or further the state boards responsibilities under Section 2 of Article X of the California Constitution or the public trust doctrine, the state board may investigate the diversion and use of water from a stream system to determine whether the diversion and use are based upon appropriation, riparian right, or other basis of right.1861. In furtherance of an investigation authorized pursuant to Section 1860, the state board may issue an information order to a water right claimant, diverter, or user to provide technical reports or other information related to a diversion and use of water, including, but not limited to, all of the following:(a) Information in addition to any information required to be reported pursuant to Part 5.1 (commencing with Section 5100).(b) Information related to the basis of the water right claimed.(c) Information related to the patent date claimed for the place of use.(d) Information related to the notice date of the appropriation and the date of actual delivery of water to beneficial use.(e) Information related to prior diversions and use, including direct diversions and diversions to storage.(f) Information related to the diversions and use of transferred water.1862. After notice and opportunity for hearing, the state board may issue a decision or order determining the diversion and use basis of right, including the authorized scope of the diversion and use, or may issue a decision or order determining that the diversion and use is not authorized under any basis of right.1863. In determining under this article whether a holder of an appropriative water right has forfeited the right or any portion of the right pursuant to Sections 1240 and 1241, the state board is not required to find the existence of a conflicting claim by any water right holder within the stream system during the period of forfeiture.1864. In any state board proceeding to determine a diversion and use basis of right under this article, the water right claimant, diverter, or user shall have the burden of proving by the preponderance of evidence the elements of the basis of right.1865. Nothing in this article shall limit the authority of the state board to issue any decision or order, or to take any other action authorized by law.1866. The state board may adopt regulations to implement this article.
Article 6. Determination of Basis of Right
Article 6. Determination of Basis of Right
1860. The Upon a finding that there is reason to believe that the information would protect the public interest or further the state boards responsibilities under Section 2 of Article X of the California Constitution or the public trust doctrine, the state board may investigate the diversion and use of water from a stream system to determine whether the diversion and use are based upon appropriation, riparian right, or other basis of right.
1860. The Upon a finding that there is reason to believe that the information would protect the public interest or further the state boards responsibilities under Section 2 of Article X of the California Constitution or the public trust doctrine, the state board may investigate the diversion and use of water from a stream system to determine whether the diversion and use are based upon appropriation, riparian right, or other basis of right.
1861. In furtherance of an investigation authorized pursuant to Section 1860, the state board may issue an information order to a water right claimant, diverter, or user to provide technical reports or other information related to a diversion and use of water, including, but not limited to, all of the following:(a) Information in addition to any information required to be reported pursuant to Part 5.1 (commencing with Section 5100).(b) Information related to the basis of the water right claimed.(c) Information related to the patent date claimed for the place of use.(d) Information related to the notice date of the appropriation and the date of actual delivery of water to beneficial use.(e) Information related to prior diversions and use, including direct diversions and diversions to storage.(f) Information related to the diversions and use of transferred water.
1861. In furtherance of an investigation authorized pursuant to Section 1860, the state board may issue an information order to a water right claimant, diverter, or user to provide technical reports or other information related to a diversion and use of water, including, but not limited to, all of the following:
(a) Information in addition to any information required to be reported pursuant to Part 5.1 (commencing with Section 5100).
(b) Information related to the basis of the water right claimed.
(c) Information related to the patent date claimed for the place of use.
(d) Information related to the notice date of the appropriation and the date of actual delivery of water to beneficial use.
(e) Information related to prior diversions and use, including direct diversions and diversions to storage.
(f) Information related to the diversions and use of transferred water.
1862. After notice and opportunity for hearing, the state board may issue a decision or order determining the diversion and use basis of right, including the authorized scope of the diversion and use, or may issue a decision or order determining that the diversion and use is not authorized under any basis of right.
1862. After notice and opportunity for hearing, the state board may issue a decision or order determining the diversion and use basis of right, including the authorized scope of the diversion and use, or may issue a decision or order determining that the diversion and use is not authorized under any basis of right.
1863. In determining under this article whether a holder of an appropriative water right has forfeited the right or any portion of the right pursuant to Sections 1240 and 1241, the state board is not required to find the existence of a conflicting claim by any water right holder within the stream system during the period of forfeiture.
1863. In determining under this article whether a holder of an appropriative water right has forfeited the right or any portion of the right pursuant to Sections 1240 and 1241, the state board is not required to find the existence of a conflicting claim by any water right holder within the stream system during the period of forfeiture.
1864. In any state board proceeding to determine a diversion and use basis of right under this article, the water right claimant, diverter, or user shall have the burden of proving by the preponderance of evidence the elements of the basis of right.
1864. In any state board proceeding to determine a diversion and use basis of right under this article, the water right claimant, diverter, or user shall have the burden of proving by the preponderance of evidence the elements of the basis of right.
1865. Nothing in this article shall limit the authority of the state board to issue any decision or order, or to take any other action authorized by law.
1865. Nothing in this article shall limit the authority of the state board to issue any decision or order, or to take any other action authorized by law.
1866. The state board may adopt regulations to implement this article.
1866. The state board may adopt regulations to implement this article.