BILL ANALYSIS
AB 900
Page 1
ASSEMBLY THIRD READING
AB 900 (De Leon)
As Amended April 28, 2009
Majority vote
WATER, PARKS & WILDLIFE 13-0
APPROPRIATIONS 17-0
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|Ayes:|Huffman, Fuller, |Ayes:|De Leon, Nielsen, |
| |Anderson, Chesbro, | |Ammiano, |
| |Tom Berryhill, | |Charles Calderon, Davis, |
| |Blumenfield, Caballero, | |Duvall, Fuentes, Hall, |
| |Fletcher, Krekorian, | |Harkey, Miller, |
| |Bonnie Lowenthal, John A. | |John A. Perez, Price, |
| |Perez, Salas, Yamada | |Skinner, Solorio, Audra |
| | | |Strickland, Torlakson, |
| | | |Krekorian |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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)Reduces threshold requiring reporting of diversions within the
legal Delta from 50 cubic feet per second (cfs) to 10 gallons
per minute, 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 : According to the Assembly Appropriations
Committee, estimated annual start-up costs in 2011-12 and
2012-13, ranging from roughly $275,000 to $525,000, and minor
annual, on-going costs of less than $50,000, thereafter.
AB 900
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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 decision-making without accurate
reporting, and recommended repeal of the Delta's reporting
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% 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 is one of a package of Assembly bills that implement the
Delta Vision Strategic Plan. The others include: AB 13
(Salas/Delta Conservancy), AB 39 (Huffman/Delta Plan), and AB 49
(Feuer/Water Conservation). While this bill does not address
all the solutions proposed by the Delta Vision Strategic Plan
AB 900
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relating to monitoring and reporting requirements and the SWRCB,
it takes critical steps in that direction. 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 all Delta
exemptions and advocated broader water use reporting across the
board. AB 900 reduces the under-50-cubic feet per second (cfs)
exemption to 10 gallons-per-minute, but 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
significant, but small, diversions that may harm fishery
resources.
Analysis Prepared by : Alf W. Brandt / W., P. & W. / (916)
319-2096
FN: 0001208