BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 900|
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THIRD READING
Bill No: AB 900
Author: De Leon (D), et al
Amended: 8/17/09 in Senate
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 8-1, 07/06/09
AYES: Pavley, Benoit, Huff, Kehoe, Leno, Padilla, Simitian,
Wiggins
NOES: Hollingsworth
NO VOTE RECORDED: Cogdill, Wolk
SENATE APPROPRIATIONS COMMITTEE : 13-0, 08/17/09
AYES: Kehoe, Cox, Corbett, Denham, Hancock, Leno, Oropeza,
Price, Runner, Walters, Wolk, Wyland, Yee
SUBJECT : Water diversion
SOURCE : Metropolitan Water District of Southern
California
Modesto Irrigation District
DIGEST : This bill revises the existing requirements
mandating that certain diverters of surface waters report
their diversions to the State Water Board. This bill
requires diversions in the Delta to be reported to the
State Water Board.
ANALYSIS : Under current law, persons who divert surface
waters in the state are required to file a statement of
diversion and use with the State Water Resources Control
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Board. There are several exemptions from this requirement
in statute, under which persons who divert from a spring
located on their property, persons covered by an existing
application to divert water, and persons located in the
Sacramento-San Joaquin River Delta, are not required to
file statements. Current law also requires permit and
license holders to report annual water use as a condition
of the permit or license.
Under current law, beginning in 2012, statements of
diversion are required to include information on monthly
diversion rates, with the exception of diversions with a
capacity of less than 50 cubic feet per second and
diversions using siphons in the tidal zone of the Delta.
This bill revises the list of water diversions that are
exempt from reporting requirements. Under the bill,
reportable diversions include:
1.Diversions from a spring that does not flow off a
property if the diversion is more than 25 acre-feet per
year;
2.Diversions covered by an application on file with the
Water Board;
3.Diversions from the Delta with a capacity of 10 gallons
per minute or more.
In addition, the bill revises the rules regarding the
monthly reporting of diversion amounts by eliminating the
exemption for diversions in the Delta.
The bill authorizes the State Water Board to impose civil
penalties if diverters fail to file required statements,
tamper with a monitoring device, or make material
misstatements in connection with the filing of a statement
of diversion and use.
The bill authorizes the State Water Board and the
Department of Water Resources to adopt emergency
regulations to allow for electronic reporting of specified
water use information.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee analysis,
the State Water Board indicates that there are a very
significant number of diversions in the Delta that are not
currently reported to the Board. The Board indicates that
there will be significant workload associated with
processing the initial diversion statements from those
diversions. The Water Board does not charge a fee for
filing a statement of diversion and use and this bill does
not impose such a fee. The Water Rights Division of the
State Water Board is funded from the Water Rights Fund and
the General Fund. Because filers of statements of diversion
do not contribute to the Water Rights Fund, it may not be
legally appropriate to use those funds to pay for the costs
of implementing this bill.
SUPPORT : (Verified 7/6/09)(reflects Senate Natural
Resources and Water Committee analysis)
Metropolitan Water District of Southern California
(co-source)
Modesto Irrigation District (co-source)
Association of California Water Agencies
California State Grange
City of Corona
Desert Water Agency
East Valley Water District
Eastern Municipal Water District
Friant Water Authority
Glen Colusa Irrigation District
Inland Empire Utilities Agency
Los Angeles Business Council
San Diego County Water Authority
San Fernando Chamber of Commerce
San Gabriel Valley Economic Partnership
Santa Ana Watershed Project Authority
Santa Clara Valley Water District
Simi Valley Chamber of Commerce
Three Valleys Municipal Water District
Turlock Irrigation District
Valley Ag Water Coalition
Valley Industry and Commerce Association
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Western Municipal Water District
DLW:nl 9/11/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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