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                 |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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


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