BILL NUMBER: SB 1155	CHAPTERED  09/21/04

	CHAPTER  612
	FILED WITH SECRETARY OF STATE  SEPTEMBER 21, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 21, 2004
	PASSED THE SENATE  AUGUST 23, 2004
	PASSED THE ASSEMBLY  AUGUST 18, 2004
	AMENDED IN ASSEMBLY  JUNE 29, 2004
	AMENDED IN SENATE  MAY 20, 2004
	AMENDED IN SENATE  MAY 11, 2004
	AMENDED IN SENATE  MAY 5, 2004
	AMENDED IN SENATE  APRIL 12, 2004

INTRODUCED BY   Senator Machado

                        JANUARY 28, 2004

   An act to add Section 138.10 to the Water Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1155, Machado.  Water quality standards:  Sacramento-San
Joaquin Delta.
   Under existing law, the Department of Water Resources operates the
State Water Project, which includes state water facilities, as
defined.  Under existing law, the State Water Resources Control Board
administers a water rights program pursuant to which the state board
grants permits and licenses to appropriate water.
   The bill would require the Director of Water Resources, in
collaboration with the Secretary of Interior or his or her designee,
and on or before January 1, 2006, to prepare a plan to meet the
existing permit and license conditions for which the department has
an obligation, as described in a specified decision adopted by the
state board.  The bill would require the director to prepare the
plan, and submit copies of the plan to the state board and California
Bay-Delta Authority, prior to increasing the existing permitted
diversion rate at a specified pumping plant.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 138.10 is added to the Water Code, to read:
   138.10.  (a) On or before January 1, 2006, the director, in
collaboration with the Secretary of Interior or his or her designee,
shall prepare a plan to meet the existing permit and license
conditions for which the department has an obligation, as described
in the State Water Resources Control Board Decision No. 1641.
   (b) The plan shall be designed to achieve compliance with the
permit and license conditions described in subdivision (a).  The
director shall prepare the plan, and submit copies of the plan to the
board and the California Bay-Delta Authority, prior to increasing
the existing permitted diversion rate at the State Water Project's
Harvey O. Banks Pumping Plant.
   (c) Nothing in this section limits or restricts the department in
its operation of the State Water Project due to failure of other
water rights permittees or licensees to meet water quality conditions
of their respective permits or licenses.