BILL ANALYSIS
AB 900
Page 1
Date of Hearing: April 14, 2009
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
AB 900 (DeLeon) - As Introduced: February 26, 2009
SUBJECT : Water diversion: statements of water diversion and
use.
SUMMARY : Requires measurement and reporting of water diversions
within the Sacramento-San Joaquin Delta (Delta) to the State
Water Resources Control Board (SWRCB). Specifically, this bill :
1)Repeals the exemption from water reporting requirements for
"consumptive use data for the delta lowlands" published by the
Department of Water Resources (DWR).
2)Repeals water diversion reporting exemption for diversions
smaller than 50 cubic feet per second (cfs) for diversions
within the legal Delta, commencing January 1, 2011.
EXISTING LAW exempts surface water diversions of less than 50
cfs, or diversions by siphons from the tidal zone of the Delta
from requirements for measurement and reporting to SWRCB. Delta
diversions are also exempt if consumptive use data for the Delta
lowlands is published by DWR in its hydrologic data bulletins.
FISCAL EFFECT : Unknown
COMMENTS : This bill would require all in-Delta diverters to
record and report all diversions, regardless of method or volume
of their diversion, to SWRCB beginning January 1, 2011.
Historically, Delta diversions were exempt from water diversion
reporting requirements, which date back to 1965, due to the
distinct nature of Delta diversions. As discussion of the need
for greater information on water diversions, particularly within
the Delta's watershed, has developed, the need for information
on all diversions has become apparent. The conflict over state
and federal water project (CVP/SWP) diversions intensified
demand that all Delta diversions be monitored. In October 2008,
the Delta Vision Strategic Plan (Plan), issued by the Delta
Vision Blue Ribbon Task Force (Task Force), confirmed that need,
noted the uncertainty of Delta decisionmaking without accurate
reporting, and recommended repeal of the Delta's reporting
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exemptions. The cabinet-level Delta Vision Committee concurred
in that recommendation.
AB 900 would repeal the portion of AB 1404 (Laird) from 2007
that exempts in-Delta diverters from reporting requirements and
require those diverters to begin monitoring and reporting as
soon as January 2011, rather than 2012 for other diverters. AB
1404 exempted in-Delta users from post-2012 requirements to
provide monthly reports of water diversions. The lack of any
reporting on in-Delta diversions (other than CVP/SWP diversions)
leads to a lack of information on the quantity and timing of
diversions within the region. By contrast, the CVP/SWP
diversions are tracked with precision. The December 2007 Delta
Vision report estimates that in-Delta diversions represent
between 4 and 5 percent of total Delta inflow, compared to about
17% for Delta exports. The Task Force's 2008 report stated
"the State Board has issued permits for the diversion of water
from the Delta to less than a third of those currently assumed
to be doing so. The State Board does not know how many divert
water without permits." In recent years there has been a surge
in water rights and reporting litigation, much of it focused on
diversions from the Delta watershed.
AB 900 does not address all the solutions proposed by the Delta
Vision Strategic Plan relating to monitor and report
requirements and the SWRCB. The Plan also recommends that:
All exemptions to report and record requirements be
repealed
SWRCB require recording and reporting by all water
diverters statewide
SWRCB assess monetary penalties for all monitoring and
reporting violation
SWRCB create adequate penalties for unauthorized
diversions and violations
SWRCB implement an electronic record and report system
SWRCB require regular and systematic reporting on
groundwater
In essence, the strategic plan emphasized repeal of Delta
exemptions and advocated broader water use reporting across the
board. AB 900 repeals the under-50-cfs exemption only for the
Delta, which may raise concerns about that exemption's
application to other areas. Due to the unique nature of the
Delta, many diversions are smaller than 50 cfs so reporting
cumulative totals may be important. Similarly, however, in some
small streams in other areas, the 50-cfs exemption may exclude
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significant, but small, diversions that may harm fishery
resources. The Committee may consider whether to change this
repeal into a lowering of the minimum threshold to 5 or 10 cfs,
while authorizing SWRCB or the Department of Fish and Game (DFG)
to require reporting at lower thresholds where conditions
demonstrate a need for such reporting.
The previous version of this bill, AB 2938 (DeLe?n/2008), had
two major components. The bill would have required DFG to design
and implement a fish entrainment, water diversion, and water
discharge monitoring program to evaluate the potential effects
that diversions of water from the Sacramento-San Joaquin River
Delta may have on fish species residing in or migrating through
the Delta. Like AB 900, AB 2938 also deleted the reporting
exemption for in-Delta consumptive use diversions and required
monthly reporting for all surface water diversions within the
Delta. AB 2938 passed in the assembly 61-3, but died in Senate
Appropriations.
REGISTERED SUPPORT / OPPOSITION :
Support
Metropolitan Water District of Southern California (Sponsor)
Association of California Water Agencies (ACWA)
Desert Water Agency
East Valley Water District
Eastern Municipal Water District
Friant Water Authority
Valley Ag Water Coalition
Santa Clara Valley Water District
Three Valleys Municipal Water District
Opposition :None submitted
Analysis Prepared by : Alf W. Brandt and Lindsey Scott-Florez
/ W., P. & W. / (916) 319-2096