California 2025-2026 Regular Session

California Assembly Bill AB639 Latest Draft

Bill / Amended Version Filed 03/28/2025

                            Amended IN  Assembly  March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 639Introduced by Assembly Member SoriaFebruary 13, 2025 An act to amend Section 6003 of the Water Code, relating to dams. LEGISLATIVE COUNSEL'S DIGESTAB 639, as amended, Soria. Dams: exceptions.Existing law defines a dam to mean any artificial barrier, together with appurtenant works, that does or may impound or divert water, and meets other specified criteria. Existing law excludes from the definition a barrier that is or will be not in excess of 6 feet in height, regardless of storage capacity, or that has or will have a storage capacity not in excess of 15 acre-feet, regardless of height. Existing law requires the Department of Water Resources to supervise the construction, enlargement, alteration, repair, maintenance, operation, and removal of dams and reservoirs for the protection of life and property.This bill would additionally exclude from the definition of a dam a barrier that does not impound water above the top of a levee where maximum storage behind the barrier has a minimum of 3 feet of freeboard on the levee and is a weir, as defined, with either mechanically or manually removable flashboards or gates. defined.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 6003 of the Water Code is amended to read:6003. (a) Any barrier that is or will be not in excess of six feet in height, regardless of storage capacity, or that has or will have a storage capacity not in excess of 15 acre-feet, regardless of height, shall not be considered a dam.(b) Any barrier that does not impound water above the top of a levee where maximum storage behind the barrier has a minimum of three feet of freeboard on the levee and is a weir with either mechanically or manually removable flashboards or gates shall not be considered a dam.(c) For purposes of this section, a weir is defined as an agricultural water delivery structure with removable barriers either mechanically or manually removable flashboards or gates that serves to regulate the flow of water in a stream and that functions as part of a federal flood control system as defined by Part 208 (commencing with Section 208.10) of Chapter II of Title 33 of the Code of Federal Regulations.

 Amended IN  Assembly  March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 639Introduced by Assembly Member SoriaFebruary 13, 2025 An act to amend Section 6003 of the Water Code, relating to dams. LEGISLATIVE COUNSEL'S DIGESTAB 639, as amended, Soria. Dams: exceptions.Existing law defines a dam to mean any artificial barrier, together with appurtenant works, that does or may impound or divert water, and meets other specified criteria. Existing law excludes from the definition a barrier that is or will be not in excess of 6 feet in height, regardless of storage capacity, or that has or will have a storage capacity not in excess of 15 acre-feet, regardless of height. Existing law requires the Department of Water Resources to supervise the construction, enlargement, alteration, repair, maintenance, operation, and removal of dams and reservoirs for the protection of life and property.This bill would additionally exclude from the definition of a dam a barrier that does not impound water above the top of a levee where maximum storage behind the barrier has a minimum of 3 feet of freeboard on the levee and is a weir, as defined, with either mechanically or manually removable flashboards or gates. defined.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  March 28, 2025

Amended IN  Assembly  March 28, 2025

 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION

 Assembly Bill 

No. 639

Introduced by Assembly Member SoriaFebruary 13, 2025

Introduced by Assembly Member Soria
February 13, 2025

 An act to amend Section 6003 of the Water Code, relating to dams. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 639, as amended, Soria. Dams: exceptions.

Existing law defines a dam to mean any artificial barrier, together with appurtenant works, that does or may impound or divert water, and meets other specified criteria. Existing law excludes from the definition a barrier that is or will be not in excess of 6 feet in height, regardless of storage capacity, or that has or will have a storage capacity not in excess of 15 acre-feet, regardless of height. Existing law requires the Department of Water Resources to supervise the construction, enlargement, alteration, repair, maintenance, operation, and removal of dams and reservoirs for the protection of life and property.This bill would additionally exclude from the definition of a dam a barrier that does not impound water above the top of a levee where maximum storage behind the barrier has a minimum of 3 feet of freeboard on the levee and is a weir, as defined, with either mechanically or manually removable flashboards or gates. defined.

Existing law defines a dam to mean any artificial barrier, together with appurtenant works, that does or may impound or divert water, and meets other specified criteria. Existing law excludes from the definition a barrier that is or will be not in excess of 6 feet in height, regardless of storage capacity, or that has or will have a storage capacity not in excess of 15 acre-feet, regardless of height. Existing law requires the Department of Water Resources to supervise the construction, enlargement, alteration, repair, maintenance, operation, and removal of dams and reservoirs for the protection of life and property.

This bill would additionally exclude from the definition of a dam a barrier that does not impound water above the top of a levee where maximum storage behind the barrier has a minimum of 3 feet of freeboard on the levee and is a weir, as defined, with either mechanically or manually removable flashboards or gates. defined.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 6003 of the Water Code is amended to read:6003. (a) Any barrier that is or will be not in excess of six feet in height, regardless of storage capacity, or that has or will have a storage capacity not in excess of 15 acre-feet, regardless of height, shall not be considered a dam.(b) Any barrier that does not impound water above the top of a levee where maximum storage behind the barrier has a minimum of three feet of freeboard on the levee and is a weir with either mechanically or manually removable flashboards or gates shall not be considered a dam.(c) For purposes of this section, a weir is defined as an agricultural water delivery structure with removable barriers either mechanically or manually removable flashboards or gates that serves to regulate the flow of water in a stream and that functions as part of a federal flood control system as defined by Part 208 (commencing with Section 208.10) of Chapter II of Title 33 of the Code of Federal Regulations.

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 6003 of the Water Code is amended to read:6003. (a) Any barrier that is or will be not in excess of six feet in height, regardless of storage capacity, or that has or will have a storage capacity not in excess of 15 acre-feet, regardless of height, shall not be considered a dam.(b) Any barrier that does not impound water above the top of a levee where maximum storage behind the barrier has a minimum of three feet of freeboard on the levee and is a weir with either mechanically or manually removable flashboards or gates shall not be considered a dam.(c) For purposes of this section, a weir is defined as an agricultural water delivery structure with removable barriers either mechanically or manually removable flashboards or gates that serves to regulate the flow of water in a stream and that functions as part of a federal flood control system as defined by Part 208 (commencing with Section 208.10) of Chapter II of Title 33 of the Code of Federal Regulations.

SECTION 1. Section 6003 of the Water Code is amended to read:

### SECTION 1.

6003. (a) Any barrier that is or will be not in excess of six feet in height, regardless of storage capacity, or that has or will have a storage capacity not in excess of 15 acre-feet, regardless of height, shall not be considered a dam.(b) Any barrier that does not impound water above the top of a levee where maximum storage behind the barrier has a minimum of three feet of freeboard on the levee and is a weir with either mechanically or manually removable flashboards or gates shall not be considered a dam.(c) For purposes of this section, a weir is defined as an agricultural water delivery structure with removable barriers either mechanically or manually removable flashboards or gates that serves to regulate the flow of water in a stream and that functions as part of a federal flood control system as defined by Part 208 (commencing with Section 208.10) of Chapter II of Title 33 of the Code of Federal Regulations.

6003. (a) Any barrier that is or will be not in excess of six feet in height, regardless of storage capacity, or that has or will have a storage capacity not in excess of 15 acre-feet, regardless of height, shall not be considered a dam.(b) Any barrier that does not impound water above the top of a levee where maximum storage behind the barrier has a minimum of three feet of freeboard on the levee and is a weir with either mechanically or manually removable flashboards or gates shall not be considered a dam.(c) For purposes of this section, a weir is defined as an agricultural water delivery structure with removable barriers either mechanically or manually removable flashboards or gates that serves to regulate the flow of water in a stream and that functions as part of a federal flood control system as defined by Part 208 (commencing with Section 208.10) of Chapter II of Title 33 of the Code of Federal Regulations.

6003. (a) Any barrier that is or will be not in excess of six feet in height, regardless of storage capacity, or that has or will have a storage capacity not in excess of 15 acre-feet, regardless of height, shall not be considered a dam.(b) Any barrier that does not impound water above the top of a levee where maximum storage behind the barrier has a minimum of three feet of freeboard on the levee and is a weir with either mechanically or manually removable flashboards or gates shall not be considered a dam.(c) For purposes of this section, a weir is defined as an agricultural water delivery structure with removable barriers either mechanically or manually removable flashboards or gates that serves to regulate the flow of water in a stream and that functions as part of a federal flood control system as defined by Part 208 (commencing with Section 208.10) of Chapter II of Title 33 of the Code of Federal Regulations.



6003. (a) Any barrier that is or will be not in excess of six feet in height, regardless of storage capacity, or that has or will have a storage capacity not in excess of 15 acre-feet, regardless of height, shall not be considered a dam.

(b) Any barrier that does not impound water above the top of a levee where maximum storage behind the barrier has a minimum of three feet of freeboard on the levee and is a weir with either mechanically or manually removable flashboards or gates shall not be considered a dam.

(c) For purposes of this section, a weir is defined as an agricultural water delivery structure with removable barriers either mechanically or manually removable flashboards or gates that serves to regulate the flow of water in a stream and that functions as part of a federal flood control system as defined by Part 208 (commencing with Section 208.10) of Chapter II of Title 33 of the Code of Federal Regulations.