BILL NUMBER: AB 174	CHAPTERED  07/01/05

	CHAPTER  32
	FILED WITH SECRETARY OF STATE  JULY 1, 2005
	APPROVED BY GOVERNOR  JULY 1, 2005
	PASSED THE ASSEMBLY  JUNE 20, 2005
	PASSED THE SENATE  JUNE 15, 2005
	AMENDED IN SENATE  JUNE 2, 2005

INTRODUCED BY   Assembly Member Salinas

                        JANUARY 20, 2005

   An act to amend Section 507 of the Pajaro Valley Water Management
Agency Act (Chapter 257 of the Statutes of 1984), relating to the
Pajaro Valley Water Management Agency.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 174, Salinas  Pajaro Valley Water Management Agency: eminent
domain.
   Existing law, the Pajaro Valley Water Management Agency Act,
authorizes the Pajaro Valley Water Management Agency, with a certain
exception, to acquire by eminent domain property within the
boundaries of the agency that is necessary to carry out the powers
and purposes of the agency.
   This bill would authorize the agency to acquire, by eminent
domain, property outside the boundaries of the agency, other than
property of another public agency, for the purpose of constructing a
specified pipeline and related appurtenant facilities to deliver
supplemental water to the agency, upon receiving the approval, by
resolution, of the board of supervisors of the county in which the
affected property is situated.


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


  SECTION 1.  Section 507 of the Pajaro Valley Water Management
Agency Act (Chapter 257 of the Statutes of 1984) is amended to read:

   507.  (a) The agency shall have the power of eminent domain to
acquire property within the boundaries of the agency necessary for
carrying out the powers and purposes of the agency, except that the
agency shall not have power to acquire by eminent domain publicly
owned property held or used for the development, storage, or
distribution of water for public use.
   (b) (1) Notwithstanding subdivision (a), the agency shall have the
power to acquire by eminent domain property outside the boundaries
of the agency, other than property of another public agency, for the
purposes of constructing a pipeline and related appurtenant
facilities to deliver supplemental water to the agency by way of the
San Felipe Division of the Central Valley Project.
   (2) The agency shall not exercise the authority granted by
paragraph (1) without the approval, by resolution, of the board of
supervisors of the county in which the affected property is situated.
A board of supervisors that grants approval under this paragraph may
require, as a condition of approval, that the agency defend,
indemnify, and hold harmless the county from any claim, action, or
proceeding against the county or its agents, officers, or employees
arising out of the board's decision to grant approval or the agency's
exercise of eminent domain power pursuant to this subdivision.