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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 599Introduced by Senator CaballeroFebruary 20, 2025 An act to amend Section 1242.1 of the Water Code, relating to groundwater. LEGISLATIVE COUNSEL'S DIGESTSB 599, as introduced, Caballero. Groundwater recharge: floodflows: diversion.Existing law declares that all water within the state is the property of the people of the state, but the right to the use of the water may be acquired by appropriation in the manner provided by law. Existing law requires the appropriation to be for some useful or beneficial purpose. Existing law provides that the diversion of floodflows for groundwater recharge, commenced before January 1, 2029, does not require an appropriative water right if certain conditions are met, including that the diversion does not use new permanent infrastructure or permanent construction.This bill would make a nonsubstantive change to this provision.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 1242.1 of the Water Code is amended to read:1242.1. The diversion of floodflows for groundwater recharge shall not require an appropriative water right if all of the following conditions are met:(a) (1) A local or regional agency that has adopted a local plan of flood control pursuant to Section 8201 or has considered flood risk as part of its most recently adopted general plan has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.(2) As used in this section, floodflow means any of the following:(A) Where a waterbody is subject to a defined flood stage, flows in excess of flood stage where actions are necessary to avoid threats to human health and safety.(B) (i) Except as provided in clause (ii), where a waterbody is not subject to a defined flood stage, surface water escaped from or is likely to imminently escape from a channel or waterbody causing or threatening to cause inundation of residential or commercial structures, or roads needed for emergency response. Likely imminent escape from a channel or waterbody shall be demonstrated by measured flows in excess of the maximum design capacity of a flood control project, where such a project is present and the maximum design capacity is readily available information.(ii) This subparagraph does not apply to flows that inundate wetlands, working lands, or floodplains, events that constitute a design flood, groundwater seepage, or waters confined to a designated floodway.(C) Where flows would inundate ordinarily dry areas in the bed of a terminal lake to a depth that floods dairies and other ongoing agricultural activities, or areas with substantial residential, commercial, or industrial development.(3) As used in this subdivision, imminent means a high degree of confidence that a condition will begin in the immediate future.(b) The diversions cease when the flood conditions described in the public notice provided pursuant to subdivision (a) have abated to the point there is no longer a risk of flooding and inundation of land, roads, or structures downstream of the point of diversion.(c) Any water diverted is not diverted to, and will not be applied to, any of the following:(1) Any barns, ponds, or lands where manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied.(2) Any agricultural field that has been identified as an outlier with respect to nitrogen application by any of the following:(A) The board.(B) The appropriate regional board.(C) An agricultural coalition charged with implementation of the Irrigated Lands Regulatory Program.(3) Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems, drinking water wells or drinking water supplies, or exacerbate the threat of flood and other health and safety concerns.(4) Any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This limitation does not apply to facilities already constructed for the purpose of groundwater recharge or managed wetlands.(d) With respect to diversions from water tributaries to the Sacramento-San Joaquin Delta (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species requirements in the Delta at the time of the diversion.(e) The diversion of floodflows for groundwater recharge uses the following as part of the diversion:(1) Either existing diversion infrastructure or temporary pumps.(2) Existing groundwater recharge locations, where available.(3) No new permanent infrastructure construction or permanent construction. infrastructure.(4) For diversions directly from rivers or streams, protective screens on temporary pump intakes to minimize the impacts of diversion to fish and other aquatic life. Such screens shall be constructed of any rigid material, perforated, woven, or slotted, that provides water passage while physically excluding fish. The screen face shall be parallel to the flow and adjacent to the waters edge. The upstream and downstream transitions to the screen structure shall be designed and constructed to minimize eddies upstream of, in front of, and downstream of the screen, while minimizing entrainment to the degree feasible. Prior to implementing this paragraph, the Department of Fish and Wildlife shall conduct at least one public workshop to review recommended design parameters and ranges of scenarios for deployment and use of protective screens. These recommendations and any other guidelines provided by the Department of Fish and Wildlife on the implementation of this paragraph shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(f) The person or entity making the diversion for groundwater recharge does not claim any water right based on that diversion and recharge.(g) (1) The person or entity making the diversion for groundwater recharge files all of the following with the board and with any applicable groundwater sustainability agency, as defined in Section 10721, for the basin:(A) A notice that provides the information specified in Subparagraphs (A) through (C), inclusive, of paragraph (2), 48 hours before whenever feasible, and in no event later than 48 hours after initially commencing diversion of floodflows for groundwater recharge.(B) A preliminary report no later than 14 days after initially commencing diversion of floodflows for groundwater recharge.(C) A final report no later than 15 days after diversions cease.(2) The preliminary and final reports shall do all of the following:(A) Identify the person or entity making the diversion for groundwater recharge.(B) Provide the Global Positioning System (GPS) coordinates for the point of diversion, a map identifying the approximate area inundated by the floodflows, and the corresponding assessor parcel numbers.(C) Identify the time when diversions of floodflows to groundwater recharge commenced, and, for final reports, when diversions ceased.(D) Provide an estimate, as of the reports date, of the amount of floodflows diverted for groundwater recharge.(h) This section shall only apply to diversions commenced before January 1, 2029. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 599Introduced by Senator CaballeroFebruary 20, 2025 An act to amend Section 1242.1 of the Water Code, relating to groundwater. LEGISLATIVE COUNSEL'S DIGESTSB 599, as introduced, Caballero. Groundwater recharge: floodflows: diversion.Existing law declares that all water within the state is the property of the people of the state, but the right to the use of the water may be acquired by appropriation in the manner provided by law. Existing law requires the appropriation to be for some useful or beneficial purpose. Existing law provides that the diversion of floodflows for groundwater recharge, commenced before January 1, 2029, does not require an appropriative water right if certain conditions are met, including that the diversion does not use new permanent infrastructure or permanent construction.This bill would make a nonsubstantive change to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Senate March 24, 2025 | |
| 6 | 5 | ||
| 7 | - | Amended IN Senate March 24, 2025 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Senate Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 599 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Senator CaballeroFebruary 20, 2025 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Senator Caballero | |
| 18 | 18 | February 20, 2025 | |
| 19 | 19 | ||
| 20 | - | An act to amend Section 1242.1 | |
| 20 | + | An act to amend Section 1242.1 of the Water Code, relating to groundwater. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | SB 599, as | |
| 26 | + | SB 599, as introduced, Caballero. Groundwater recharge: floodflows: diversion. | |
| 27 | 27 | ||
| 28 | - | Existing law establishes the Atmospheric Rivers Research and Forecast Improvement Program: Enabling Climate Adaptation Through Forecast-Informed Reservoir Operations and Hazard Resiliency (AR/FIRO) Program in the Department of Water Resources. Existing law requires the department to operate reservoirs in a manner that improves flood protection, and to reoperate flood control and water storage facilities to capture water generated by atmospheric rivers. Existing law requires the department to research, develop, and implement new observations, prediction models, novel forecasting methods, and tailored decision support systems to improve predictions of atmospheric rivers and their impacts on water supply, flooding, post-wildfire debris flows, and environmental conditions.This bill would, for novel forecasting methods researched, developed, and implemented by the department, require the department to include the use of experimental tools that produce seasonal and subseasonal atmospheric river forecasts, as defined.Existing law declares that all water within the state is the property of the people of the state, but the right to the use of the water may be acquired by appropriation in the manner provided by law. Existing law requires the appropriation to be for some useful or beneficial purpose. Existing law provides that the diversion of floodflows for groundwater recharge, commenced before January 1, 2029, does not require an appropriative water right if certain conditions are met, including that the diversion does not use new permanent infrastructure or permanent construction.This bill would make a nonsubstantive change to this provision. | |
| 29 | - | ||
| 30 | - | Existing law establishes the Atmospheric Rivers Research and Forecast Improvement Program: Enabling Climate Adaptation Through Forecast-Informed Reservoir Operations and Hazard Resiliency (AR/FIRO) Program in the Department of Water Resources. Existing law requires the department to operate reservoirs in a manner that improves flood protection, and to reoperate flood control and water storage facilities to capture water generated by atmospheric rivers. Existing law requires the department to research, develop, and implement new observations, prediction models, novel forecasting methods, and tailored decision support systems to improve predictions of atmospheric rivers and their impacts on water supply, flooding, post-wildfire debris flows, and environmental conditions. | |
| 31 | - | ||
| 32 | - | This bill would, for novel forecasting methods researched, developed, and implemented by the department, require the department to include the use of experimental tools that produce seasonal and subseasonal atmospheric river forecasts, as defined. | |
| 28 | + | Existing law declares that all water within the state is the property of the people of the state, but the right to the use of the water may be acquired by appropriation in the manner provided by law. Existing law requires the appropriation to be for some useful or beneficial purpose. Existing law provides that the diversion of floodflows for groundwater recharge, commenced before January 1, 2029, does not require an appropriative water right if certain conditions are met, including that the diversion does not use new permanent infrastructure or permanent construction.This bill would make a nonsubstantive change to this provision. | |
| 33 | 29 | ||
| 34 | 30 | Existing law declares that all water within the state is the property of the people of the state, but the right to the use of the water may be acquired by appropriation in the manner provided by law. Existing law requires the appropriation to be for some useful or beneficial purpose. Existing law provides that the diversion of floodflows for groundwater recharge, commenced before January 1, 2029, does not require an appropriative water right if certain conditions are met, including that the diversion does not use new permanent infrastructure or permanent construction. | |
| 35 | 31 | ||
| 36 | - | ||
| 37 | - | ||
| 38 | 32 | This bill would make a nonsubstantive change to this provision. | |
| 39 | - | ||
| 40 | - | ||
| 41 | 33 | ||
| 42 | 34 | ## Digest Key | |
| 43 | 35 | ||
| 44 | 36 | ## Bill Text | |
| 45 | 37 | ||
| 46 | - | The people of the State of California do enact as follows:SECTION 1. | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 1242.1 of the Water Code is amended to read:1242.1. The diversion of floodflows for groundwater recharge shall not require an appropriative water right if all of the following conditions are met:(a) (1) A local or regional agency that has adopted a local plan of flood control pursuant to Section 8201 or has considered flood risk as part of its most recently adopted general plan has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.(2) As used in this section, floodflow means any of the following:(A) Where a waterbody is subject to a defined flood stage, flows in excess of flood stage where actions are necessary to avoid threats to human health and safety.(B) (i) Except as provided in clause (ii), where a waterbody is not subject to a defined flood stage, surface water escaped from or is likely to imminently escape from a channel or waterbody causing or threatening to cause inundation of residential or commercial structures, or roads needed for emergency response. Likely imminent escape from a channel or waterbody shall be demonstrated by measured flows in excess of the maximum design capacity of a flood control project, where such a project is present and the maximum design capacity is readily available information.(ii) This subparagraph does not apply to flows that inundate wetlands, working lands, or floodplains, events that constitute a design flood, groundwater seepage, or waters confined to a designated floodway.(C) Where flows would inundate ordinarily dry areas in the bed of a terminal lake to a depth that floods dairies and other ongoing agricultural activities, or areas with substantial residential, commercial, or industrial development.(3) As used in this subdivision, imminent means a high degree of confidence that a condition will begin in the immediate future.(b) The diversions cease when the flood conditions described in the public notice provided pursuant to subdivision (a) have abated to the point there is no longer a risk of flooding and inundation of land, roads, or structures downstream of the point of diversion.(c) Any water diverted is not diverted to, and will not be applied to, any of the following:(1) Any barns, ponds, or lands where manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied.(2) Any agricultural field that has been identified as an outlier with respect to nitrogen application by any of the following:(A) The board.(B) The appropriate regional board.(C) An agricultural coalition charged with implementation of the Irrigated Lands Regulatory Program.(3) Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems, drinking water wells or drinking water supplies, or exacerbate the threat of flood and other health and safety concerns.(4) Any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This limitation does not apply to facilities already constructed for the purpose of groundwater recharge or managed wetlands.(d) With respect to diversions from water tributaries to the Sacramento-San Joaquin Delta (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species requirements in the Delta at the time of the diversion.(e) The diversion of floodflows for groundwater recharge uses the following as part of the diversion:(1) Either existing diversion infrastructure or temporary pumps.(2) Existing groundwater recharge locations, where available.(3) No new permanent infrastructure construction or permanent construction. infrastructure.(4) For diversions directly from rivers or streams, protective screens on temporary pump intakes to minimize the impacts of diversion to fish and other aquatic life. Such screens shall be constructed of any rigid material, perforated, woven, or slotted, that provides water passage while physically excluding fish. The screen face shall be parallel to the flow and adjacent to the waters edge. The upstream and downstream transitions to the screen structure shall be designed and constructed to minimize eddies upstream of, in front of, and downstream of the screen, while minimizing entrainment to the degree feasible. Prior to implementing this paragraph, the Department of Fish and Wildlife shall conduct at least one public workshop to review recommended design parameters and ranges of scenarios for deployment and use of protective screens. These recommendations and any other guidelines provided by the Department of Fish and Wildlife on the implementation of this paragraph shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(f) The person or entity making the diversion for groundwater recharge does not claim any water right based on that diversion and recharge.(g) (1) The person or entity making the diversion for groundwater recharge files all of the following with the board and with any applicable groundwater sustainability agency, as defined in Section 10721, for the basin:(A) A notice that provides the information specified in Subparagraphs (A) through (C), inclusive, of paragraph (2), 48 hours before whenever feasible, and in no event later than 48 hours after initially commencing diversion of floodflows for groundwater recharge.(B) A preliminary report no later than 14 days after initially commencing diversion of floodflows for groundwater recharge.(C) A final report no later than 15 days after diversions cease.(2) The preliminary and final reports shall do all of the following:(A) Identify the person or entity making the diversion for groundwater recharge.(B) Provide the Global Positioning System (GPS) coordinates for the point of diversion, a map identifying the approximate area inundated by the floodflows, and the corresponding assessor parcel numbers.(C) Identify the time when diversions of floodflows to groundwater recharge commenced, and, for final reports, when diversions ceased.(D) Provide an estimate, as of the reports date, of the amount of floodflows diverted for groundwater recharge.(h) This section shall only apply to diversions commenced before January 1, 2029. | |
| 47 | 39 | ||
| 48 | 40 | The people of the State of California do enact as follows: | |
| 49 | 41 | ||
| 50 | 42 | ## The people of the State of California do enact as follows: | |
| 51 | 43 | ||
| 52 | - | SECTION 1. | |
| 44 | + | SECTION 1. Section 1242.1 of the Water Code is amended to read:1242.1. The diversion of floodflows for groundwater recharge shall not require an appropriative water right if all of the following conditions are met:(a) (1) A local or regional agency that has adopted a local plan of flood control pursuant to Section 8201 or has considered flood risk as part of its most recently adopted general plan has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.(2) As used in this section, floodflow means any of the following:(A) Where a waterbody is subject to a defined flood stage, flows in excess of flood stage where actions are necessary to avoid threats to human health and safety.(B) (i) Except as provided in clause (ii), where a waterbody is not subject to a defined flood stage, surface water escaped from or is likely to imminently escape from a channel or waterbody causing or threatening to cause inundation of residential or commercial structures, or roads needed for emergency response. Likely imminent escape from a channel or waterbody shall be demonstrated by measured flows in excess of the maximum design capacity of a flood control project, where such a project is present and the maximum design capacity is readily available information.(ii) This subparagraph does not apply to flows that inundate wetlands, working lands, or floodplains, events that constitute a design flood, groundwater seepage, or waters confined to a designated floodway.(C) Where flows would inundate ordinarily dry areas in the bed of a terminal lake to a depth that floods dairies and other ongoing agricultural activities, or areas with substantial residential, commercial, or industrial development.(3) As used in this subdivision, imminent means a high degree of confidence that a condition will begin in the immediate future.(b) The diversions cease when the flood conditions described in the public notice provided pursuant to subdivision (a) have abated to the point there is no longer a risk of flooding and inundation of land, roads, or structures downstream of the point of diversion.(c) Any water diverted is not diverted to, and will not be applied to, any of the following:(1) Any barns, ponds, or lands where manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied.(2) Any agricultural field that has been identified as an outlier with respect to nitrogen application by any of the following:(A) The board.(B) The appropriate regional board.(C) An agricultural coalition charged with implementation of the Irrigated Lands Regulatory Program.(3) Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems, drinking water wells or drinking water supplies, or exacerbate the threat of flood and other health and safety concerns.(4) Any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This limitation does not apply to facilities already constructed for the purpose of groundwater recharge or managed wetlands.(d) With respect to diversions from water tributaries to the Sacramento-San Joaquin Delta (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species requirements in the Delta at the time of the diversion.(e) The diversion of floodflows for groundwater recharge uses the following as part of the diversion:(1) Either existing diversion infrastructure or temporary pumps.(2) Existing groundwater recharge locations, where available.(3) No new permanent infrastructure construction or permanent construction. infrastructure.(4) For diversions directly from rivers or streams, protective screens on temporary pump intakes to minimize the impacts of diversion to fish and other aquatic life. Such screens shall be constructed of any rigid material, perforated, woven, or slotted, that provides water passage while physically excluding fish. The screen face shall be parallel to the flow and adjacent to the waters edge. The upstream and downstream transitions to the screen structure shall be designed and constructed to minimize eddies upstream of, in front of, and downstream of the screen, while minimizing entrainment to the degree feasible. Prior to implementing this paragraph, the Department of Fish and Wildlife shall conduct at least one public workshop to review recommended design parameters and ranges of scenarios for deployment and use of protective screens. These recommendations and any other guidelines provided by the Department of Fish and Wildlife on the implementation of this paragraph shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(f) The person or entity making the diversion for groundwater recharge does not claim any water right based on that diversion and recharge.(g) (1) The person or entity making the diversion for groundwater recharge files all of the following with the board and with any applicable groundwater sustainability agency, as defined in Section 10721, for the basin:(A) A notice that provides the information specified in Subparagraphs (A) through (C), inclusive, of paragraph (2), 48 hours before whenever feasible, and in no event later than 48 hours after initially commencing diversion of floodflows for groundwater recharge.(B) A preliminary report no later than 14 days after initially commencing diversion of floodflows for groundwater recharge.(C) A final report no later than 15 days after diversions cease.(2) The preliminary and final reports shall do all of the following:(A) Identify the person or entity making the diversion for groundwater recharge.(B) Provide the Global Positioning System (GPS) coordinates for the point of diversion, a map identifying the approximate area inundated by the floodflows, and the corresponding assessor parcel numbers.(C) Identify the time when diversions of floodflows to groundwater recharge commenced, and, for final reports, when diversions ceased.(D) Provide an estimate, as of the reports date, of the amount of floodflows diverted for groundwater recharge.(h) This section shall only apply to diversions commenced before January 1, 2029. | |
| 53 | 45 | ||
| 54 | - | SECTION 1. The Legislature finds and declares all of the following:(a) Atmospheric rivers are long narrow bands of concentrated moisture that form over the Pacific Ocean.(b) Atmospheric rivers have been identified as major drivers of floods and precipitation, responsible for up to one-half of the annual precipitation in California and 94 percent of all flood damages, totaling around $620 million annually.(c) Climate change is resulting in more intense and more frequent atmospheric rivers.(d) In southern California, around Prado Dam, atmospheric rivers have caused the 10 largest events on record. Additionally, precipitation in the Yuba-Feather watershed is strongly tied to atmospheric river activity.(e) Winter storms from late-December 2022 to mid-January 2023 caused massive flood damage in 40 of Californias 58 counties, resulting in 20 deaths and significant devastation to homes, roads, infrastructure, agriculture, businesses, the economy, and caused over $30 billion in damages.(f) One in five Californians live in flood-prone areas, and all 58 counties have a history of severe flood damage. Homes and buildings worth approximately $900 billion are at risk of flooding.(g) Flooding is the most widespread natural hazard in California, and is more pervasive than wildfires or earthquakes.(h) Low-income communities of color are disproportionately at risk due to limited financial capacity for flood control upgrades and recovery.(i) Over 250 aging dams and outdated flood infrastructure increase the likelihood of catastrophic flooding.(j) California spends $1.8 billion annually on flood control operations and maintenance, and $1 billion annually on new investments, but investment needs range from $2 to $4.5 billion, inclusive, annually for the next 25 years.(k) Since 2006, only $4.5 billion has been allocated to new flood infrastructure.(l) Atmospheric River Reconnaissance (AR Recon), a Research and Operations Partnership (RAOP) with NOAA National Center for Environmental Prediction (NCEP), led by the Center for Western Weather and Water Extremes, leverages National Oceanic and Atmospheric Administration and United States Air Force investments in aircraft-based observations. It is now the leading effort within the National Winter Season Operations Plan for airborne weather reconnaissance.(m) The AR Recon Partnership has improved forecasting skill. Statewide, five-day atmospheric river forecasts in water year 2020 were better than four-day forecasts in 2017.(n) The Department of Water Resources is invested in extended forecasts, such as subseasonal (two to six weeks) and seasonal (one to six months) forecasts.(o) Better atmospheric river forecast accuracy and lead time enhances the states resiliency to flood and drought.(p) According to the Public Policy Institute of California, a major flood event, like the flood in 186162, could displace 1,500,000 people and cause over $1 trillion in damages and business losses.(q) With effective atmospheric river forecasting, California can maximize its efforts to recharge more groundwater and boost our water supply for communities across the state, and protect communities from catastrophic flooding. | |
| 55 | - | ||
| 56 | - | SECTION 1. The Legislature finds and declares all of the following: | |
| 46 | + | SECTION 1. Section 1242.1 of the Water Code is amended to read: | |
| 57 | 47 | ||
| 58 | 48 | ### SECTION 1. | |
| 59 | 49 | ||
| 60 | - | ||
| 50 | + | 1242.1. The diversion of floodflows for groundwater recharge shall not require an appropriative water right if all of the following conditions are met:(a) (1) A local or regional agency that has adopted a local plan of flood control pursuant to Section 8201 or has considered flood risk as part of its most recently adopted general plan has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.(2) As used in this section, floodflow means any of the following:(A) Where a waterbody is subject to a defined flood stage, flows in excess of flood stage where actions are necessary to avoid threats to human health and safety.(B) (i) Except as provided in clause (ii), where a waterbody is not subject to a defined flood stage, surface water escaped from or is likely to imminently escape from a channel or waterbody causing or threatening to cause inundation of residential or commercial structures, or roads needed for emergency response. Likely imminent escape from a channel or waterbody shall be demonstrated by measured flows in excess of the maximum design capacity of a flood control project, where such a project is present and the maximum design capacity is readily available information.(ii) This subparagraph does not apply to flows that inundate wetlands, working lands, or floodplains, events that constitute a design flood, groundwater seepage, or waters confined to a designated floodway.(C) Where flows would inundate ordinarily dry areas in the bed of a terminal lake to a depth that floods dairies and other ongoing agricultural activities, or areas with substantial residential, commercial, or industrial development.(3) As used in this subdivision, imminent means a high degree of confidence that a condition will begin in the immediate future.(b) The diversions cease when the flood conditions described in the public notice provided pursuant to subdivision (a) have abated to the point there is no longer a risk of flooding and inundation of land, roads, or structures downstream of the point of diversion.(c) Any water diverted is not diverted to, and will not be applied to, any of the following:(1) Any barns, ponds, or lands where manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied.(2) Any agricultural field that has been identified as an outlier with respect to nitrogen application by any of the following:(A) The board.(B) The appropriate regional board.(C) An agricultural coalition charged with implementation of the Irrigated Lands Regulatory Program.(3) Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems, drinking water wells or drinking water supplies, or exacerbate the threat of flood and other health and safety concerns.(4) Any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This limitation does not apply to facilities already constructed for the purpose of groundwater recharge or managed wetlands.(d) With respect to diversions from water tributaries to the Sacramento-San Joaquin Delta (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species requirements in the Delta at the time of the diversion.(e) The diversion of floodflows for groundwater recharge uses the following as part of the diversion:(1) Either existing diversion infrastructure or temporary pumps.(2) Existing groundwater recharge locations, where available.(3) No new permanent infrastructure construction or permanent construction. infrastructure.(4) For diversions directly from rivers or streams, protective screens on temporary pump intakes to minimize the impacts of diversion to fish and other aquatic life. Such screens shall be constructed of any rigid material, perforated, woven, or slotted, that provides water passage while physically excluding fish. The screen face shall be parallel to the flow and adjacent to the waters edge. The upstream and downstream transitions to the screen structure shall be designed and constructed to minimize eddies upstream of, in front of, and downstream of the screen, while minimizing entrainment to the degree feasible. Prior to implementing this paragraph, the Department of Fish and Wildlife shall conduct at least one public workshop to review recommended design parameters and ranges of scenarios for deployment and use of protective screens. These recommendations and any other guidelines provided by the Department of Fish and Wildlife on the implementation of this paragraph shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(f) The person or entity making the diversion for groundwater recharge does not claim any water right based on that diversion and recharge.(g) (1) The person or entity making the diversion for groundwater recharge files all of the following with the board and with any applicable groundwater sustainability agency, as defined in Section 10721, for the basin:(A) A notice that provides the information specified in Subparagraphs (A) through (C), inclusive, of paragraph (2), 48 hours before whenever feasible, and in no event later than 48 hours after initially commencing diversion of floodflows for groundwater recharge.(B) A preliminary report no later than 14 days after initially commencing diversion of floodflows for groundwater recharge.(C) A final report no later than 15 days after diversions cease.(2) The preliminary and final reports shall do all of the following:(A) Identify the person or entity making the diversion for groundwater recharge.(B) Provide the Global Positioning System (GPS) coordinates for the point of diversion, a map identifying the approximate area inundated by the floodflows, and the corresponding assessor parcel numbers.(C) Identify the time when diversions of floodflows to groundwater recharge commenced, and, for final reports, when diversions ceased.(D) Provide an estimate, as of the reports date, of the amount of floodflows diverted for groundwater recharge.(h) This section shall only apply to diversions commenced before January 1, 2029. | |
| 61 | 51 | ||
| 62 | - | (b) | |
| 52 | + | 1242.1. The diversion of floodflows for groundwater recharge shall not require an appropriative water right if all of the following conditions are met:(a) (1) A local or regional agency that has adopted a local plan of flood control pursuant to Section 8201 or has considered flood risk as part of its most recently adopted general plan has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.(2) As used in this section, floodflow means any of the following:(A) Where a waterbody is subject to a defined flood stage, flows in excess of flood stage where actions are necessary to avoid threats to human health and safety.(B) (i) Except as provided in clause (ii), where a waterbody is not subject to a defined flood stage, surface water escaped from or is likely to imminently escape from a channel or waterbody causing or threatening to cause inundation of residential or commercial structures, or roads needed for emergency response. Likely imminent escape from a channel or waterbody shall be demonstrated by measured flows in excess of the maximum design capacity of a flood control project, where such a project is present and the maximum design capacity is readily available information.(ii) This subparagraph does not apply to flows that inundate wetlands, working lands, or floodplains, events that constitute a design flood, groundwater seepage, or waters confined to a designated floodway.(C) Where flows would inundate ordinarily dry areas in the bed of a terminal lake to a depth that floods dairies and other ongoing agricultural activities, or areas with substantial residential, commercial, or industrial development.(3) As used in this subdivision, imminent means a high degree of confidence that a condition will begin in the immediate future.(b) The diversions cease when the flood conditions described in the public notice provided pursuant to subdivision (a) have abated to the point there is no longer a risk of flooding and inundation of land, roads, or structures downstream of the point of diversion.(c) Any water diverted is not diverted to, and will not be applied to, any of the following:(1) Any barns, ponds, or lands where manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied.(2) Any agricultural field that has been identified as an outlier with respect to nitrogen application by any of the following:(A) The board.(B) The appropriate regional board.(C) An agricultural coalition charged with implementation of the Irrigated Lands Regulatory Program.(3) Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems, drinking water wells or drinking water supplies, or exacerbate the threat of flood and other health and safety concerns.(4) Any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This limitation does not apply to facilities already constructed for the purpose of groundwater recharge or managed wetlands.(d) With respect to diversions from water tributaries to the Sacramento-San Joaquin Delta (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species requirements in the Delta at the time of the diversion.(e) The diversion of floodflows for groundwater recharge uses the following as part of the diversion:(1) Either existing diversion infrastructure or temporary pumps.(2) Existing groundwater recharge locations, where available.(3) No new permanent infrastructure construction or permanent construction. infrastructure.(4) For diversions directly from rivers or streams, protective screens on temporary pump intakes to minimize the impacts of diversion to fish and other aquatic life. Such screens shall be constructed of any rigid material, perforated, woven, or slotted, that provides water passage while physically excluding fish. The screen face shall be parallel to the flow and adjacent to the waters edge. The upstream and downstream transitions to the screen structure shall be designed and constructed to minimize eddies upstream of, in front of, and downstream of the screen, while minimizing entrainment to the degree feasible. Prior to implementing this paragraph, the Department of Fish and Wildlife shall conduct at least one public workshop to review recommended design parameters and ranges of scenarios for deployment and use of protective screens. These recommendations and any other guidelines provided by the Department of Fish and Wildlife on the implementation of this paragraph shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(f) The person or entity making the diversion for groundwater recharge does not claim any water right based on that diversion and recharge.(g) (1) The person or entity making the diversion for groundwater recharge files all of the following with the board and with any applicable groundwater sustainability agency, as defined in Section 10721, for the basin:(A) A notice that provides the information specified in Subparagraphs (A) through (C), inclusive, of paragraph (2), 48 hours before whenever feasible, and in no event later than 48 hours after initially commencing diversion of floodflows for groundwater recharge.(B) A preliminary report no later than 14 days after initially commencing diversion of floodflows for groundwater recharge.(C) A final report no later than 15 days after diversions cease.(2) The preliminary and final reports shall do all of the following:(A) Identify the person or entity making the diversion for groundwater recharge.(B) Provide the Global Positioning System (GPS) coordinates for the point of diversion, a map identifying the approximate area inundated by the floodflows, and the corresponding assessor parcel numbers.(C) Identify the time when diversions of floodflows to groundwater recharge commenced, and, for final reports, when diversions ceased.(D) Provide an estimate, as of the reports date, of the amount of floodflows diverted for groundwater recharge.(h) This section shall only apply to diversions commenced before January 1, 2029. | |
| 63 | 53 | ||
| 64 | - | (c) Climate change is resulting in more intense and more frequent atmospheric rivers. | |
| 65 | - | ||
| 66 | - | (d) In southern California, around Prado Dam, atmospheric rivers have caused the 10 largest events on record. Additionally, precipitation in the Yuba-Feather watershed is strongly tied to atmospheric river activity. | |
| 67 | - | ||
| 68 | - | (e) Winter storms from late-December 2022 to mid-January 2023 caused massive flood damage in 40 of Californias 58 counties, resulting in 20 deaths and significant devastation to homes, roads, infrastructure, agriculture, businesses, the economy, and caused over $30 billion in damages. | |
| 69 | - | ||
| 70 | - | (f) One in five Californians live in flood-prone areas, and all 58 counties have a history of severe flood damage. Homes and buildings worth approximately $900 billion are at risk of flooding. | |
| 71 | - | ||
| 72 | - | (g) Flooding is the most widespread natural hazard in California, and is more pervasive than wildfires or earthquakes. | |
| 73 | - | ||
| 74 | - | (h) Low-income communities of color are disproportionately at risk due to limited financial capacity for flood control upgrades and recovery. | |
| 75 | - | ||
| 76 | - | (i) Over 250 aging dams and outdated flood infrastructure increase the likelihood of catastrophic flooding. | |
| 77 | - | ||
| 78 | - | (j) California spends $1.8 billion annually on flood control operations and maintenance, and $1 billion annually on new investments, but investment needs range from $2 to $4.5 billion, inclusive, annually for the next 25 years. | |
| 79 | - | ||
| 80 | - | (k) Since 2006, only $4.5 billion has been allocated to new flood infrastructure. | |
| 81 | - | ||
| 82 | - | (l) Atmospheric River Reconnaissance (AR Recon), a Research and Operations Partnership (RAOP) with NOAA National Center for Environmental Prediction (NCEP), led by the Center for Western Weather and Water Extremes, leverages National Oceanic and Atmospheric Administration and United States Air Force investments in aircraft-based observations. It is now the leading effort within the National Winter Season Operations Plan for airborne weather reconnaissance. | |
| 83 | - | ||
| 84 | - | (m) The AR Recon Partnership has improved forecasting skill. Statewide, five-day atmospheric river forecasts in water year 2020 were better than four-day forecasts in 2017. | |
| 85 | - | ||
| 86 | - | (n) The Department of Water Resources is invested in extended forecasts, such as subseasonal (two to six weeks) and seasonal (one to six months) forecasts. | |
| 87 | - | ||
| 88 | - | (o) Better atmospheric river forecast accuracy and lead time enhances the states resiliency to flood and drought. | |
| 89 | - | ||
| 90 | - | (p) According to the Public Policy Institute of California, a major flood event, like the flood in 186162, could displace 1,500,000 people and cause over $1 trillion in damages and business losses. | |
| 91 | - | ||
| 92 | - | (q) With effective atmospheric river forecasting, California can maximize its efforts to recharge more groundwater and boost our water supply for communities across the state, and protect communities from catastrophic flooding. | |
| 93 | - | ||
| 94 | - | SEC. 2. Section 347 of the Water Code is amended to read:347. (a) The Atmospheric Rivers Research and Forecast Improvement Program: Enabling Climate Adaptation Through Forecast-Informed Reservoir Operations and Hazard Resiliency (AR/FIRO) Program is hereby established in the Department of Water Resources.(b) (1) The department shall research, develop, and implement new observations, prediction models, novel forecasting methods, including the use of experimental tools that produce seasonal and subseasonal atmospheric river forecasts, and tailored decision support systems to improve predictions of atmospheric rivers and their impacts on water supply, flooding, post-wildfire debris flows, and environmental conditions.(2) The department shall utilize all relevant information produced pursuant to paragraph (1) to operate reservoirs in a manner that improves flood protection in the state and to reoperate flood control and water storage facilities to capture water generated by atmospheric rivers and other storms. The goals of integrating forecast-informed reservoir operations into department operations shall be to increase water supply, hydropower availability, and water supply reliability. The department may use research generated by this program to refine climate projections of extreme weather and water events and changes in Sierra snow.(3) Information produced pursuant to paragraph (1) shall be available to relevant federal, state, and local agencies.(c) For purposes of this section, both of the following definitions apply:(1) Seasonal forecast means a forecast that covers a period of approximately one to six months into the future.(2) Subseasonal forecast means a forecast that covers a period of approximately two to six weeks into the future. | |
| 95 | - | ||
| 96 | - | SEC. 2. Section 347 of the Water Code is amended to read: | |
| 97 | - | ||
| 98 | - | ### SEC. 2. | |
| 99 | - | ||
| 100 | - | 347. (a) The Atmospheric Rivers Research and Forecast Improvement Program: Enabling Climate Adaptation Through Forecast-Informed Reservoir Operations and Hazard Resiliency (AR/FIRO) Program is hereby established in the Department of Water Resources.(b) (1) The department shall research, develop, and implement new observations, prediction models, novel forecasting methods, including the use of experimental tools that produce seasonal and subseasonal atmospheric river forecasts, and tailored decision support systems to improve predictions of atmospheric rivers and their impacts on water supply, flooding, post-wildfire debris flows, and environmental conditions.(2) The department shall utilize all relevant information produced pursuant to paragraph (1) to operate reservoirs in a manner that improves flood protection in the state and to reoperate flood control and water storage facilities to capture water generated by atmospheric rivers and other storms. The goals of integrating forecast-informed reservoir operations into department operations shall be to increase water supply, hydropower availability, and water supply reliability. The department may use research generated by this program to refine climate projections of extreme weather and water events and changes in Sierra snow.(3) Information produced pursuant to paragraph (1) shall be available to relevant federal, state, and local agencies.(c) For purposes of this section, both of the following definitions apply:(1) Seasonal forecast means a forecast that covers a period of approximately one to six months into the future.(2) Subseasonal forecast means a forecast that covers a period of approximately two to six weeks into the future. | |
| 101 | - | ||
| 102 | - | 347. (a) The Atmospheric Rivers Research and Forecast Improvement Program: Enabling Climate Adaptation Through Forecast-Informed Reservoir Operations and Hazard Resiliency (AR/FIRO) Program is hereby established in the Department of Water Resources.(b) (1) The department shall research, develop, and implement new observations, prediction models, novel forecasting methods, including the use of experimental tools that produce seasonal and subseasonal atmospheric river forecasts, and tailored decision support systems to improve predictions of atmospheric rivers and their impacts on water supply, flooding, post-wildfire debris flows, and environmental conditions.(2) The department shall utilize all relevant information produced pursuant to paragraph (1) to operate reservoirs in a manner that improves flood protection in the state and to reoperate flood control and water storage facilities to capture water generated by atmospheric rivers and other storms. The goals of integrating forecast-informed reservoir operations into department operations shall be to increase water supply, hydropower availability, and water supply reliability. The department may use research generated by this program to refine climate projections of extreme weather and water events and changes in Sierra snow.(3) Information produced pursuant to paragraph (1) shall be available to relevant federal, state, and local agencies.(c) For purposes of this section, both of the following definitions apply:(1) Seasonal forecast means a forecast that covers a period of approximately one to six months into the future.(2) Subseasonal forecast means a forecast that covers a period of approximately two to six weeks into the future. | |
| 103 | - | ||
| 104 | - | 347. (a) The Atmospheric Rivers Research and Forecast Improvement Program: Enabling Climate Adaptation Through Forecast-Informed Reservoir Operations and Hazard Resiliency (AR/FIRO) Program is hereby established in the Department of Water Resources.(b) (1) The department shall research, develop, and implement new observations, prediction models, novel forecasting methods, including the use of experimental tools that produce seasonal and subseasonal atmospheric river forecasts, and tailored decision support systems to improve predictions of atmospheric rivers and their impacts on water supply, flooding, post-wildfire debris flows, and environmental conditions.(2) The department shall utilize all relevant information produced pursuant to paragraph (1) to operate reservoirs in a manner that improves flood protection in the state and to reoperate flood control and water storage facilities to capture water generated by atmospheric rivers and other storms. The goals of integrating forecast-informed reservoir operations into department operations shall be to increase water supply, hydropower availability, and water supply reliability. The department may use research generated by this program to refine climate projections of extreme weather and water events and changes in Sierra snow.(3) Information produced pursuant to paragraph (1) shall be available to relevant federal, state, and local agencies.(c) For purposes of this section, both of the following definitions apply:(1) Seasonal forecast means a forecast that covers a period of approximately one to six months into the future.(2) Subseasonal forecast means a forecast that covers a period of approximately two to six weeks into the future. | |
| 54 | + | 1242.1. The diversion of floodflows for groundwater recharge shall not require an appropriative water right if all of the following conditions are met:(a) (1) A local or regional agency that has adopted a local plan of flood control pursuant to Section 8201 or has considered flood risk as part of its most recently adopted general plan has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.(2) As used in this section, floodflow means any of the following:(A) Where a waterbody is subject to a defined flood stage, flows in excess of flood stage where actions are necessary to avoid threats to human health and safety.(B) (i) Except as provided in clause (ii), where a waterbody is not subject to a defined flood stage, surface water escaped from or is likely to imminently escape from a channel or waterbody causing or threatening to cause inundation of residential or commercial structures, or roads needed for emergency response. Likely imminent escape from a channel or waterbody shall be demonstrated by measured flows in excess of the maximum design capacity of a flood control project, where such a project is present and the maximum design capacity is readily available information.(ii) This subparagraph does not apply to flows that inundate wetlands, working lands, or floodplains, events that constitute a design flood, groundwater seepage, or waters confined to a designated floodway.(C) Where flows would inundate ordinarily dry areas in the bed of a terminal lake to a depth that floods dairies and other ongoing agricultural activities, or areas with substantial residential, commercial, or industrial development.(3) As used in this subdivision, imminent means a high degree of confidence that a condition will begin in the immediate future.(b) The diversions cease when the flood conditions described in the public notice provided pursuant to subdivision (a) have abated to the point there is no longer a risk of flooding and inundation of land, roads, or structures downstream of the point of diversion.(c) Any water diverted is not diverted to, and will not be applied to, any of the following:(1) Any barns, ponds, or lands where manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied.(2) Any agricultural field that has been identified as an outlier with respect to nitrogen application by any of the following:(A) The board.(B) The appropriate regional board.(C) An agricultural coalition charged with implementation of the Irrigated Lands Regulatory Program.(3) Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems, drinking water wells or drinking water supplies, or exacerbate the threat of flood and other health and safety concerns.(4) Any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This limitation does not apply to facilities already constructed for the purpose of groundwater recharge or managed wetlands.(d) With respect to diversions from water tributaries to the Sacramento-San Joaquin Delta (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species requirements in the Delta at the time of the diversion.(e) The diversion of floodflows for groundwater recharge uses the following as part of the diversion:(1) Either existing diversion infrastructure or temporary pumps.(2) Existing groundwater recharge locations, where available.(3) No new permanent infrastructure construction or permanent construction. infrastructure.(4) For diversions directly from rivers or streams, protective screens on temporary pump intakes to minimize the impacts of diversion to fish and other aquatic life. Such screens shall be constructed of any rigid material, perforated, woven, or slotted, that provides water passage while physically excluding fish. The screen face shall be parallel to the flow and adjacent to the waters edge. The upstream and downstream transitions to the screen structure shall be designed and constructed to minimize eddies upstream of, in front of, and downstream of the screen, while minimizing entrainment to the degree feasible. Prior to implementing this paragraph, the Department of Fish and Wildlife shall conduct at least one public workshop to review recommended design parameters and ranges of scenarios for deployment and use of protective screens. These recommendations and any other guidelines provided by the Department of Fish and Wildlife on the implementation of this paragraph shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(f) The person or entity making the diversion for groundwater recharge does not claim any water right based on that diversion and recharge.(g) (1) The person or entity making the diversion for groundwater recharge files all of the following with the board and with any applicable groundwater sustainability agency, as defined in Section 10721, for the basin:(A) A notice that provides the information specified in Subparagraphs (A) through (C), inclusive, of paragraph (2), 48 hours before whenever feasible, and in no event later than 48 hours after initially commencing diversion of floodflows for groundwater recharge.(B) A preliminary report no later than 14 days after initially commencing diversion of floodflows for groundwater recharge.(C) A final report no later than 15 days after diversions cease.(2) The preliminary and final reports shall do all of the following:(A) Identify the person or entity making the diversion for groundwater recharge.(B) Provide the Global Positioning System (GPS) coordinates for the point of diversion, a map identifying the approximate area inundated by the floodflows, and the corresponding assessor parcel numbers.(C) Identify the time when diversions of floodflows to groundwater recharge commenced, and, for final reports, when diversions ceased.(D) Provide an estimate, as of the reports date, of the amount of floodflows diverted for groundwater recharge.(h) This section shall only apply to diversions commenced before January 1, 2029. | |
| 105 | 55 | ||
| 106 | 56 | ||
| 107 | 57 | ||
| 108 | - | 347. (a) The Atmospheric Rivers Research and Forecast Improvement Program: Enabling Climate Adaptation Through Forecast-Informed Reservoir Operations and Hazard Resiliency (AR/FIRO) Program is hereby established in the Department of Water Resources. | |
| 109 | - | ||
| 110 | - | (b) (1) The department shall research, develop, and implement new observations, prediction models, novel forecasting methods, including the use of experimental tools that produce seasonal and subseasonal atmospheric river forecasts, and tailored decision support systems to improve predictions of atmospheric rivers and their impacts on water supply, flooding, post-wildfire debris flows, and environmental conditions. | |
| 111 | - | ||
| 112 | - | (2) The department shall utilize all relevant information produced pursuant to paragraph (1) to operate reservoirs in a manner that improves flood protection in the state and to reoperate flood control and water storage facilities to capture water generated by atmospheric rivers and other storms. The goals of integrating forecast-informed reservoir operations into department operations shall be to increase water supply, hydropower availability, and water supply reliability. The department may use research generated by this program to refine climate projections of extreme weather and water events and changes in Sierra snow. | |
| 113 | - | ||
| 114 | - | (3) Information produced pursuant to paragraph (1) shall be available to relevant federal, state, and local agencies. | |
| 115 | - | ||
| 116 | - | (c) For purposes of this section, both of the following definitions apply: | |
| 117 | - | ||
| 118 | - | (1) Seasonal forecast means a forecast that covers a period of approximately one to six months into the future. | |
| 119 | - | ||
| 120 | - | (2) Subseasonal forecast means a forecast that covers a period of approximately two to six weeks into the future. | |
| 121 | - | ||
| 122 | - | ||
| 123 | - | ||
| 124 | - | ||
| 125 | - | ||
| 126 | - | The diversion of floodflows for groundwater recharge shall not require an appropriative water right if all of the following conditions are met: | |
| 127 | - | ||
| 128 | - | ||
| 58 | + | 1242.1. The diversion of floodflows for groundwater recharge shall not require an appropriative water right if all of the following conditions are met: | |
| 129 | 59 | ||
| 130 | 60 | (a) (1) A local or regional agency that has adopted a local plan of flood control pursuant to Section 8201 or has considered flood risk as part of its most recently adopted general plan has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures. | |
| 131 | 61 | ||
| 132 | - | ||
| 133 | - | ||
| 134 | 62 | (2) As used in this section, floodflow means any of the following: | |
| 135 | - | ||
| 136 | - | ||
| 137 | 63 | ||
| 138 | 64 | (A) Where a waterbody is subject to a defined flood stage, flows in excess of flood stage where actions are necessary to avoid threats to human health and safety. | |
| 139 | 65 | ||
| 140 | - | ||
| 141 | - | ||
| 142 | 66 | (B) (i) Except as provided in clause (ii), where a waterbody is not subject to a defined flood stage, surface water escaped from or is likely to imminently escape from a channel or waterbody causing or threatening to cause inundation of residential or commercial structures, or roads needed for emergency response. Likely imminent escape from a channel or waterbody shall be demonstrated by measured flows in excess of the maximum design capacity of a flood control project, where such a project is present and the maximum design capacity is readily available information. | |
| 143 | - | ||
| 144 | - | ||
| 145 | 67 | ||
| 146 | 68 | (ii) This subparagraph does not apply to flows that inundate wetlands, working lands, or floodplains, events that constitute a design flood, groundwater seepage, or waters confined to a designated floodway. | |
| 147 | 69 | ||
| 148 | - | ||
| 149 | - | ||
| 150 | 70 | (C) Where flows would inundate ordinarily dry areas in the bed of a terminal lake to a depth that floods dairies and other ongoing agricultural activities, or areas with substantial residential, commercial, or industrial development. | |
| 151 | - | ||
| 152 | - | ||
| 153 | 71 | ||
| 154 | 72 | (3) As used in this subdivision, imminent means a high degree of confidence that a condition will begin in the immediate future. | |
| 155 | 73 | ||
| 156 | - | ||
| 157 | - | ||
| 158 | 74 | (b) The diversions cease when the flood conditions described in the public notice provided pursuant to subdivision (a) have abated to the point there is no longer a risk of flooding and inundation of land, roads, or structures downstream of the point of diversion. | |
| 159 | - | ||
| 160 | - | ||
| 161 | 75 | ||
| 162 | 76 | (c) Any water diverted is not diverted to, and will not be applied to, any of the following: | |
| 163 | 77 | ||
| 164 | - | ||
| 165 | - | ||
| 166 | 78 | (1) Any barns, ponds, or lands where manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied. | |
| 167 | - | ||
| 168 | - | ||
| 169 | 79 | ||
| 170 | 80 | (2) Any agricultural field that has been identified as an outlier with respect to nitrogen application by any of the following: | |
| 171 | 81 | ||
| 172 | - | ||
| 173 | - | ||
| 174 | 82 | (A) The board. | |
| 175 | - | ||
| 176 | - | ||
| 177 | 83 | ||
| 178 | 84 | (B) The appropriate regional board. | |
| 179 | 85 | ||
| 180 | - | ||
| 181 | - | ||
| 182 | 86 | (C) An agricultural coalition charged with implementation of the Irrigated Lands Regulatory Program. | |
| 183 | - | ||
| 184 | - | ||
| 185 | 87 | ||
| 186 | 88 | (3) Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems, drinking water wells or drinking water supplies, or exacerbate the threat of flood and other health and safety concerns. | |
| 187 | 89 | ||
| 188 | - | ||
| 189 | - | ||
| 190 | 90 | (4) Any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This limitation does not apply to facilities already constructed for the purpose of groundwater recharge or managed wetlands. | |
| 191 | - | ||
| 192 | - | ||
| 193 | 91 | ||
| 194 | 92 | (d) With respect to diversions from water tributaries to the Sacramento-San Joaquin Delta (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species requirements in the Delta at the time of the diversion. | |
| 195 | 93 | ||
| 196 | - | ||
| 197 | - | ||
| 198 | 94 | (e) The diversion of floodflows for groundwater recharge uses the following as part of the diversion: | |
| 199 | - | ||
| 200 | - | ||
| 201 | 95 | ||
| 202 | 96 | (1) Either existing diversion infrastructure or temporary pumps. | |
| 203 | 97 | ||
| 204 | - | ||
| 205 | - | ||
| 206 | 98 | (2) Existing groundwater recharge locations, where available. | |
| 207 | 99 | ||
| 208 | - | ||
| 209 | - | ||
| 210 | - | (3)No new permanent construction or permanent infrastructure. | |
| 211 | - | ||
| 212 | - | ||
| 100 | + | (3) No new permanent infrastructure construction or permanent construction. infrastructure. | |
| 213 | 101 | ||
| 214 | 102 | (4) For diversions directly from rivers or streams, protective screens on temporary pump intakes to minimize the impacts of diversion to fish and other aquatic life. Such screens shall be constructed of any rigid material, perforated, woven, or slotted, that provides water passage while physically excluding fish. The screen face shall be parallel to the flow and adjacent to the waters edge. The upstream and downstream transitions to the screen structure shall be designed and constructed to minimize eddies upstream of, in front of, and downstream of the screen, while minimizing entrainment to the degree feasible. Prior to implementing this paragraph, the Department of Fish and Wildlife shall conduct at least one public workshop to review recommended design parameters and ranges of scenarios for deployment and use of protective screens. These recommendations and any other guidelines provided by the Department of Fish and Wildlife on the implementation of this paragraph shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). | |
| 215 | 103 | ||
| 216 | - | ||
| 217 | - | ||
| 218 | 104 | (f) The person or entity making the diversion for groundwater recharge does not claim any water right based on that diversion and recharge. | |
| 219 | - | ||
| 220 | - | ||
| 221 | 105 | ||
| 222 | 106 | (g) (1) The person or entity making the diversion for groundwater recharge files all of the following with the board and with any applicable groundwater sustainability agency, as defined in Section 10721, for the basin: | |
| 223 | 107 | ||
| 224 | - | ||
| 225 | - | ||
| 226 | 108 | (A) A notice that provides the information specified in Subparagraphs (A) through (C), inclusive, of paragraph (2), 48 hours before whenever feasible, and in no event later than 48 hours after initially commencing diversion of floodflows for groundwater recharge. | |
| 227 | - | ||
| 228 | - | ||
| 229 | 109 | ||
| 230 | 110 | (B) A preliminary report no later than 14 days after initially commencing diversion of floodflows for groundwater recharge. | |
| 231 | 111 | ||
| 232 | - | ||
| 233 | - | ||
| 234 | 112 | (C) A final report no later than 15 days after diversions cease. | |
| 235 | - | ||
| 236 | - | ||
| 237 | 113 | ||
| 238 | 114 | (2) The preliminary and final reports shall do all of the following: | |
| 239 | 115 | ||
| 240 | - | ||
| 241 | - | ||
| 242 | 116 | (A) Identify the person or entity making the diversion for groundwater recharge. | |
| 243 | - | ||
| 244 | - | ||
| 245 | 117 | ||
| 246 | 118 | (B) Provide the Global Positioning System (GPS) coordinates for the point of diversion, a map identifying the approximate area inundated by the floodflows, and the corresponding assessor parcel numbers. | |
| 247 | 119 | ||
| 248 | - | ||
| 249 | - | ||
| 250 | 120 | (C) Identify the time when diversions of floodflows to groundwater recharge commenced, and, for final reports, when diversions ceased. | |
| 251 | 121 | ||
| 252 | - | ||
| 253 | - | ||
| 254 | 122 | (D) Provide an estimate, as of the reports date, of the amount of floodflows diverted for groundwater recharge. | |
| 255 | - | ||
| 256 | - | ||
| 257 | 123 | ||
| 258 | 124 | (h) This section shall only apply to diversions commenced before January 1, 2029. |