BILL NUMBER: AB 738	CHAPTERED  10/12/07

	CHAPTER  551
	FILED WITH SECRETARY OF STATE  OCTOBER 12, 2007
	APPROVED BY GOVERNOR  OCTOBER 12, 2007
	PASSED THE SENATE  AUGUST 27, 2007
	PASSED THE ASSEMBLY  AUGUST 30, 2007
	AMENDED IN SENATE  JULY 5, 2007
	AMENDED IN ASSEMBLY  APRIL 30, 2007
	AMENDED IN ASSEMBLY  APRIL 9, 2007

INTRODUCED BY   Assembly Member Strickland

                        FEBRUARY 22, 2007

   An act to amend Section 1107 of the Ojai Basin Groundwater
Management Agency Act (Chapter 750 of the Statutes of 1991), relating
to water.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 738, Strickland. Ojai Basin Groundwater Management Agency.
    The Ojai Basin Groundwater Management Agency Act establishes the
Ojai Basin Groundwater Management Agency. The act authorizes the
agency to impose, by ordinance, a charge on the extraction of
groundwater by the use of extraction facilities within the boundaries
of the agency to pay the costs of the agency in carrying out
groundwater management activities. The act prohibits the agency from
imposing a charge that exceeds $7.50 per acre-foot pumped per year.
   This bill would authorize the board of directors of the agency to
establish a groundwater extraction charge maximum limitation that
exceeds that $7.50 per acre-foot amount pumped per year if that
action is approved by a majority vote of the operators of extraction
facilities that are subject to the charge, with votes weighted based
on the volume of water extracted by each operator, and the charge
does not exceed $25 per acre-foot pumped per year.


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

  SECTION 1.  Section 1107 of the Ojai Basin Groundwater Management
Agency Act (Chapter 750 of the Statutes of 1991) is amended to read:
  Sec. 1107.  (a) Except as provided in subdivision (b), the
groundwater extraction charge shall not exceed seven dollars and
fifty cents ($7.50) per acre-foot pumped per year.
   (b) The board may establish a groundwater extraction charge
maximum limitation that exceeds the amount specified in subdivision
(a) if both of the following are true:
   (1) The imposition of the groundwater extraction charge is
approved by a majority vote of the operators that are subject to the
charge, with the votes weighted based on the volume of water
extracted by each operator. Votes shall be calculated based on a
three-year average of production from the basin, as determined by
payments of groundwater extraction charges to the agency during the
three years immediately preceding the vote, except that for operators
with facilities in use less than three years, votes shall be
weighted based upon a single-year average if the facility has been in
use less than two years, or weighted based upon a two-year average
if the facility has been in use more than two years and less than
three years. Each operator shall be entitled to one vote for each
averaged acre-foot of groundwater pumped. A change in ownership shall
not affect the history of production from any well.
   (2) The groundwater extraction charge does not exceed twenty-five
dollars ($25) per acre-foot pumped per year.