BILL NUMBER: SB 387	CHAPTERED  07/25/05

	CHAPTER  112
	FILED WITH SECRETARY OF STATE  JULY 25, 2005
	APPROVED BY GOVERNOR  JULY 25, 2005
	PASSED THE SENATE  JULY 7, 2005
	PASSED THE ASSEMBLY  JUNE 27, 2005
	AMENDED IN ASSEMBLY  JUNE 22, 2005
	AMENDED IN SENATE  APRIL 19, 2005
	AMENDED IN SENATE  MARCH 29, 2005

INTRODUCED BY   Senator Ducheny
   (Coauthors: Assembly Members Garcia, Saldana, and Vargas)

                        FEBRUARY 17, 2005

   An act to add Section 7043.5 to the Water Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 387, Ducheny  New River.
   Existing law provides that specified law relating to the
maintenance of flow in streams shall not prevent the use or
enlargement of any natural channel for municipal purposes or for use
in connection with any artificial system of drainage, irrigation, or
flood control that does not cause the flow of water in the channel at
the intake of the canal to be less than the quantity of water the
owners and appropriators have the right to divert into the intake.
   This bill, only as applied to the New River in Imperial County,
would define the phrase "use or enlargement of any natural channel
for municipal purposes" to include sewage treatment and pollution
prevention and the encasing and piping of the New River to protect
human health and the natural environment.
   The bill would make a finding and declaration of the Legislature
regarding the inapplicability of a general statute within the meaning
of Section 16 of Article IV of the California Constitution.


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


  SECTION 1.  Section 7043.5 is added to the Water Code, to read:
   7043.5.  Only as applied to the New River in Imperial County, as
used in this chapter, "use or enlargement of any natural channel for
municipal purposes" includes, but is not limited to, sewage treatment
and pollution prevention and the encasing and piping of the New
River to protect human health and the natural environment.
  SEC. 2.  The Legislature finds and declares that, because of the
unique circumstances applicable only to the New River in Imperial
County, a statute of general applicability cannot be enacted within
the meaning of subdivision (b) of Section 16 of Article IV of the
California Constitution. Therefore, this special statute is
necessary.