BILL NUMBER: AB 1404	CHAPTERED
	BILL TEXT

	CHAPTER  675
	FILED WITH SECRETARY OF STATE  OCTOBER 14, 2007
	APPROVED BY GOVERNOR  OCTOBER 14, 2007
	PASSED THE SENATE  SEPTEMBER 11, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2007
	AMENDED IN SENATE  SEPTEMBER 6, 2007
	AMENDED IN SENATE  AUGUST 23, 2007
	AMENDED IN SENATE  AUGUST 1, 2007
	AMENDED IN SENATE  JULY 17, 2007
	AMENDED IN SENATE  JUNE 21, 2007

INTRODUCED BY   Assembly Member Laird

                        FEBRUARY 23, 2007

   An act to amend Sections 5100, 5103, and 10004.6 of, and to add
Article 4.3 (commencing with Section 531) to Chapter 8 of Division 1
of, the Water Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1404, Laird. Water measurement information.
   (1) Existing law, with certain exceptions, requires each person
who diverts water after December 31, 1965, to file with the State
Water Resources Control Board a statement of diversion and use.
Existing law requires other water users or suppliers to report other
water use information to various state agencies. Existing law
requires certain water suppliers to install water meters on specified
service connections and to charge for water service each customer
that has a service connection for which a water meter has been
installed based on the actual volume of deliveries, as measured by
the water meter.
   This bill would require the Department of Water Resources, the
board, and the State Department of Public Health to coordinate the
collection, management, and use of agricultural and urban water
measurement information provided to each agency. The bill would
require the board, in collaboration with the department, the
California Bay-Delta Authority or its successor agency, and the State
Department of Public Health, to prepare and submit a report to the
Legislature by January 1, 2009, evaluating the feasibility, estimated
costs, and potential means of financing a coordinated water
measurement database.
   The bill would require agricultural water suppliers to report,
each year, aggregated farm-gate delivery data, as defined, to the
department.
   The bill, with certain exceptions and not later than January 1,
2012, would require persons required to submit to the board a
specified annual statement of water diversion and use to include in
that statement monthly records of water diversions. The bill, with a
certain exception, would condition eligibility for certain grants or
loans to those persons on compliance with this reporting requirement.

   (2) Existing law requires the department to update the California
Water Plan, which is a plan for the conservation, development, and
use of the water resources of the state, every 5 years. The
department, as part of the update, is required to release assumptions
and estimates relating to current and projected water use.
   This bill would require the department to include assumptions and
estimates relating to current and projected water use for
agricultural water diversion and use.
   (3) This bill also would incorporate additional changes in Section
10004.6 of the Water Code proposed by SB 862, to be operative if
this bill and SB 862 are both enacted and become effective on or
before January 1, 2008, and this bill is enacted last.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) As growth and development continue to make California's water
resources increasingly scarce, diverse stakeholder groups have
recognized the importance of accurate water measurement. Appropriate
measurement of water use facilitates better water management by
making critical information available to local, state, and federal
water managers and planners. A greater understanding of water use
will support better decisions related to water planning, water
allocations, water transfers, and water use efficiency.
   (b) On April 8, 2004, the California Bay-Delta Authority approved
an urban and agricultural water use measurement proposal that was
developed through an open multiyear process of technical review and
consultation by diverse stakeholders and agencies. The review and
consultation were designed to result in a balanced package of actions
that together can advance meaningful and beneficial change.
   (c) Agricultural water measurement recommendations were developed
by an independent panel that issued a report in September 2003
entitled "Independent Panel on Appropriate Measurement of
Agricultural Water Use." The independent panel identified seven
categories for improving agricultural water measurement, and on a
region-by-region basis evaluated the costs and benefits associated
with changing the current practices. The panel emphasized that
implementation of new measurement methods must be adaptive, account
for changes in technology and economics, and allow for local
flexibility. Implementation approaches were directed to be regionally
sensitive, incentive driven, and cost effective.
   (d) The Department of Water Resources, the State Water Resources
Control Board, the State Department of Public Health, and the
California Bay-Delta Authority should cooperate and coordinate their
efforts in collecting, managing, and utilizing water use measurement
information to ensure that the information is put to optimal use in
water resource planning and decisionmaking, to increase efficiency,
and to reduce redundancy of effort, administrative costs, and
duplicative reporting burdens on persons required to report
measurement information.
   (e) Interagency coordination is particularly necessary for the
purposes of developing forms, protocols, data sets, and research on
measurement-related issues, and for the purpose of undertaking
adaptive management to identify future actions to improve water use
measurement and water use efficiency in California.
  SEC. 2.  Article 4.3 (commencing with Section 531) is added to
Chapter 8 of Division 1 of the Water Code, to read:

      Article 4.3.  Agricultural and Urban Water Use Reporting


   531.  Unless the context otherwise requires, the definitions set
forth in this section govern the construction of this article.
   (a) "Aggregated farm-gate delivery data" means information
reflecting the total volume of water an agricultural water supplier
provides to its customers and is calculated by totaling its
deliveries to individual customers.
   (b) "Agricultural water supplier" means a supplier either publicly
or privately owned, supplying 2,000 acre-feet or more of surface
water annually for agricultural purposes or serving 2,000 or more
acres of agricultural land. An agricultural water supplier includes a
supplier or contractor for water, regardless of the basis of right,
which distributes or sells water for ultimate resale to customers.
   (c) "Authority" means the California Bay-Delta Authority.
   (d) "Best professional practices" means practices attaining and
maintaining accuracy of measurement and reporting devices and
methods.
   (e) "Diversion" has the meaning set forth in subdivision (c) of
Section 5100.
   (f) "Farm-gate" means the point at which water is delivered from
the agricultural water supplier's distribution system to each of its
customers.
   (g) "Person" has the meaning set forth in subdivision (d) of
Section 5100.
   531.2.  The department, the board, and the State Department of
Public Health shall coordinate the collection, management, and use of
agricultural and urban water measurement information provided to
each agency.
   531.5.  (a) The board, in collaboration with the department, the
authority or its successor agency, and the State Department of Public
Health, shall prepare and submit a report to the Legislature by
January 1, 2009, evaluating the feasibility, estimated costs, and
potential means of financing a coordinated water measurement
database. The evaluation shall include, but is not necessarily
limited to, agricultural and urban water measurement data related to
deliveries, diversions, licenses, permits, and other information
received by these state agencies that supports effective state and
regional water management planning and decisionmaking. The evaluation
shall also consider how the database can provide information to
address impacts related to climate change mitigation and adaptation.
   (b) The report shall consider coordinating the collection and
sharing of data through the use of technologies used by the National
Environmental Information Exchange Network and the existing data
exchange infrastructure of the involved agencies.
   (c)  It is the intent of the Legislature that the report provide
an initial feasibility assessment, and is not intended to serve as
the final Feasibility Study Report required by the State
Administrative Manual.
   531.10.  (a) An agricultural water supplier shall submit an annual
report to the department that summarizes aggregated farm-gate
delivery data, on a monthly or bimonthly basis, using best
professional practices.
   (b) Nothing in this article shall be construed to require the
implementation of water measurement programs or practices that are
not locally cost effective.
   (c) It is the intent of the Legislature that the requirements of
this section shall complement and not affect the scope of authority
granted to the department or the board by provisions of law other
than this article.
   531.15.  Notwithstanding any other provision of the law, state
agencies shall carry out the duties described in this article only to
the extent that funds are made available for the purposes of
implementing those duties.
   531.20.  To the extent that the provisions of this article
conflict with the requirements of Chapter 4800 of the State
Administrative Manual, the requirements of that chapter shall
control.
  SEC. 3.  Section 5100 of the Water Code is amended to read:
   5100.  As used in this part:
   (a) "Best available technologies" means technologies at the
highest technically practical level, using flow totaling devices, and
if necessary, data loggers and telemetry.
   (b) "Best professional practices" means practices attaining and
maintaining the accuracy of measurement and reporting devices and
methods.
   (c) "Diversion" means taking water by gravity or pumping from a
surface stream or subterranean stream flowing through a known and
definite channel, or other body of surface water, into a canal,
pipeline, or other conduit, and includes impoundment of water in a
reservoir.
   (d) "Person" means all persons whether natural or artificial,
including the United States of America, State of California, and all
political subdivisions, districts, municipalities, and public
agencies.
   (e) "Tidal zone" means those portions of the Sacramento-San
Joaquin Delta as described in Section 12220 that are ordinarily
subject to tidal action.
  SEC. 4.  Section 5103 of the Water Code is amended to read:
   5103.  Each statement shall be prepared on a form provided by the
board. The statement shall include all of the following information:
   (a) The name and address of the person who diverted water and of
the person filing the statement.
   (b) The name of the stream or other source from which water was
diverted, and the name of the next major stream or other body of
water to which the source is tributary.
   (c) The place of diversion. If a public land survey has been made,
location of diversion works shall be described to the nearest
40-acre subdivision. If not, it shall be described by reference to
nearest local landmarks or other recorded surveys.
   (d) The capacity of the diversion works and of the storage
reservoir, if any, and the months in which water was used during the
preceding calendar year.
   (e) (1) On and after January 1, 2012, monthly records of water
diversions. The measurements of the diversion shall be made using
best available technologies and best professional practices. Nothing
in this paragraph shall be construed to require the implementation of
technologies or practices that are not locally cost effective.
   (2) Paragraph (1) does not apply to a surface water diversion with
a combined diversion capacity from a natural channel that is less
than 50 cubic feet per second or to diverters using siphons in the
tidal zone.
   (3) (A) The terms of, and eligibility for, any grant or loan
awarded or administered by the department, the board, or the
California Bay-Delta Authority on behalf of a person that is subject
to paragraph (1) shall be conditioned on compliance with that
paragraph.
   (B) Notwithstanding subparagraph (A), the board may determine that
a person is eligible for a grant or loan even though the person is
not complying with paragraph (1), if both of the following apply:
   (i) The board determines that the grant or loan will assist the
grantee or loan recipient in complying with paragraph (1).
   (ii) The person has submitted to the board a one-year schedule for
complying with paragraph (1).
   (C) It is the intent of the Legislature that the requirements of
this subdivision shall complement and not affect the scope of
authority granted to the board by provisions of law other than this
article.
   (f) For persons not subject to paragraph (1) of subdivision (e), a
description of the acreage of each crop irrigated, the average
number of people served with water, the average number of stock
watered, and the nature and extent of any other use during the
preceding calendar year, or other equivalent information that
indicates the quantity of water used as may be prescribed by the
board. Those who maintain water measuring devices and keep monthly
records of water diversions shall state the quantity of water
diverted by months during the preceding calendar year.
   (g) The purpose of use.
   (h) A general description of the area in which the water was used.
If the water was used on an area within the 1/16 section containing
the point of diversion, a statement to that effect will suffice;
otherwise a description or sketch of the general area of use shall be
given.
   (i) The year in which the diversion was commenced as near as is
known.
  SEC. 5.  Section 10004.6 of the Water Code is amended to read:
   10004.6.  (a) As part of updating The California Water Plan every
five years pursuant to subdivision (b) of Section 10004, the
department shall conduct a study to determine the amount of water
needed to meet the state's future needs and to recommend programs,
policies, and facilities to meet those needs.
   (b) The department shall consult with the advisory committee
established pursuant to subdivision (b) of Section 10004 in carrying
out this section.
   (c) On or before January 1, 2002, and one year prior to issuing
each successive update to The California Water Plan, the department
shall release a preliminary draft of the assumptions and other
estimates upon which the study will be based, to interested persons
and entities throughout the state for their review and comments. The
department shall provide these persons and entities an opportunity to
present written or oral comments on the preliminary draft. The
department shall consider these documents when adopting the final
assumptions and estimates for the study. For the purpose of carrying
out this subdivision, the department shall release, at a minimum,
assumptions and other estimates relating to all of the following:
   (1) Basin hydrology, including annual rainfall, estimated
unimpaired streamflow, depletions, and consumptive uses.
   (2) Groundwater supplies, including estimates of sustainable
yield, supplies necessary to recover overdraft basins, and supplies
lost due to pollution and other groundwater contaminants.
   (3) Current and projected land use patterns, including the mix of
residential, commercial, industrial, agricultural, and undeveloped
lands.
   (4) Environmental water needs, including regulatory instream flow
requirements, nonregulated instream uses, and water needs by
wetlands, preserves, refuges, and other managed and unmanaged natural
resource lands.
   (5) Current and projected population.
   (6) Current and projected water use for all of the following:
   (A) Interior uses in a single-family dwelling.
   (B) Exterior uses in a single-family dwelling.
   (C) All uses in a multifamily dwelling.
   (D) Commercial uses.
   (E) Industrial uses.
   (F) Parks and open spaces.
   (G) Agricultural water diversion and use.
   (7) Evapotranspiration rates for major crop types, including
estimates of evaporative losses by irrigation practice and the extent
to which evaporation reduces transpiration.
   (8) Current and projected adoption of urban and agricultural
conservation practices.
   (9) Current and projected supplies of water provided by water
recycling and reuse.
   (d) The department shall include a discussion of the potential for
alternative water pricing policies to change current and projected
water uses identified pursuant to paragraph (6) of subdivision (c).
   (e) Nothing in this section requires or prohibits the department
from updating any data necessary to update The California Water Plan
pursuant to subdivision (b) of Section 10004.
  SEC. 5.5.  Section 10004.6 of the Water Code is amended to read:
   10004.6.  (a) As part of updating the California Water Plan every
five years pursuant to subdivision (b) of Section 10004, the
department shall conduct a study to determine the amount of water
needed to meet the state's future needs and to recommend programs,
policies, and facilities to meet those needs.
   (b) The department shall consult with the advisory committee
established pursuant to subdivision (b) of Section 10004 in carrying
out this section.
   (c)  One year prior to issuing each update to the California Water
Plan, the department shall release a preliminary draft of the
assumptions and other estimates upon which the study will be based,
to interested persons and entities throughout the state for their
review and comments. The department shall provide these persons and
entities an opportunity to present written or oral comments on the
preliminary draft. The department shall consider these documents when
adopting the final assumptions and estimates for the study. For the
purpose of carrying out this subdivision, the department shall
release, at a minimum, assumptions and other estimates relating to
all of the following:
   (1) Basin hydrology, including annual rainfall, estimated
unimpaired streamflow, depletions, and consumptive uses.
   (2) Groundwater supplies, including estimates of sustainable
yield, supplies necessary to recover overdraft basins, and supplies
lost due to pollution and other groundwater contaminants.
   (3) Current and projected land use patterns, including the mix of
residential, commercial, industrial, agricultural, and undeveloped
lands.
   (4) Environmental water needs, including regulatory instream flow
requirements, nonregulated instream uses, and water needs by
wetlands, preserves, refuges, and other managed and unmanaged natural
resource lands.
   (5) Current and projected population.
   (6) Current and projected water use for all of the following:
   (A) Interior uses in a single-family dwelling.
   (B) Exterior uses in a single-family dwelling.
   (C) All uses in a multifamily dwelling.
   (D) Commercial uses.
   (E) Industrial uses.
   (F) Parks and open spaces.
   (G) Agricultural water diversion and use.
   (7) Evapotranspiration rates for major crop types, including
estimates of evaporative losses by irrigation practice and the extent
to which evaporation reduces transpiration.
   (8) Current and projected adoption of urban and agricultural
conservation practices.
   (9) Current and projected supplies of water provided by water
recycling and reuse.
   (10) For a preliminary draft of the assumptions and other
estimates due on or after December 31, 2012, the amount of energy
both produced by and required to provide current and projected water
supplies during periods of both peak and nonpeak use, including
consideration of the costs and benefits of the energy both produced
and required by the current and projected water supplies.
   (d) The department shall include a discussion of the potential for
alternative water pricing policies to change current and projected
water uses identified pursuant to paragraph (6) of subdivision (c).
   (e) Nothing in this section requires or prohibits the department
from updating any data necessary to update the California Water Plan
pursuant to subdivision (b) of Section 10004.
  SEC. 6.  Section 5.5 of this bill incorporates amendments to
Section 10004.6 of the Water Code proposed by both this bill and SB
862. It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2008, (2) each bill amends
Section 10004.6 of the Water Code, and (3) this bill is enacted after
SB 862, in which case Section 5 of this bill shall not become
operative.