Water infrastructure: dams and reservoirs: water release: false pretenses.
If enacted, AB 1146 would amend existing laws concerning the regulation of dams and reservoirs, enhancing state-level oversight while imposing penalties for noncompliance. Violations of the provisions outlined in the bill would be treated as misdemeanors, subject to fines and potential imprisonment. Furthermore, the bill enables civil penalties of up to $10,000 per day for ongoing violations, thus creating a strong deterrent against fraudulent activities related to water storage and release, which could affect various stakeholders including local water agencies and possibly the federal government.
Assembly Bill 1146, introduced by Assembly Member Papan, focuses on the regulation of water release from reservoirs in California. The bill seeks to prohibit the release of stored water if that release is conducted under false pretenses, which is defined as knowingly making a fraudulent representation regarding the purpose and intended use of the water. This bill adds new sections to the Water Code to establish these regulations and gives the State Water Resources Control Board the authority to issue interim orders to prevent such releases, outlining specific procedures for interested parties to contest water releases.
The sentiment surrounding AB 1146 appears to be mixed, with proponents advocating for stronger regulations as a means to ensure the integrity of water resources and protect the environment. Critics may argue that such stringent measures could hamper local management of water resources and complicate existing practices, highlighting concerns over the balance between state oversight and local governance. There is a clear need to assess how these changes might impact water access and rights for residents and businesses alike.
Major points of contention include debates over the adequacy of penalties and the definition of 'false pretenses'. Some stakeholders are likely to express concerns that the broad language could lead to arbitrary enforcement, while others may feel that any fraudulent activity surrounding water release should be penalized severely. This reflects a tension between the preservation of water resources and the administrative burden placed on reservoir operators, suggesting that the bill might provoke significant discussion among legislators and interest groups during further hearings.