BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           1173 (Wolk)
          
          Hearing Date:  05/03/2010           Amended: 03/24/2010
          Consultant:  Brendan McCarthy   Policy Vote: NR&W 5-3, EQ 4-2
          _________________________________________________________________ 
          ____
          BILL SUMMARY: SB 1173 defines raw water in statute and prohibits  
          the use of raw water when recycled water is available and  
          appropriate for use.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2010-11      2011-12       2012-13     Fund
           
          Water Board unreasonable          About $65, once every two to  
          three years            Special *
             use proceedings                                      

          * Water Rights Fund.
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: 
          
          Current law prohibits the waste or unreasonable use of water and  
          provides that the right to use water does not extend to water  
          that is unreasonably used or wasted.

          Current law also prohibits the use of potable water for  
          non-potable purposes (for example outside irrigation) if  
          recycled water is available at adequate quality, cost, and will  
          not have adverse impacts on public health, the environment, or  
          other water rights holders.

          SB 1173 defines "raw water" as surface or ground water that has  
          not been treated. The bill expands on the current prohibition  
          against the use of potable water when recycled water is  
          available to include a prohibition on the use of raw water when  
          recycled water is available.

          The State Water Resources Control Board estimates that under the  
          bill an additional waste and unreasonable use hearing will occur  










          once every two to three years. A typical hearing costs about  
          $65,000 to complete.