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 ----------------------------------------------------------------- |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 Page 2 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 Page 3 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