BILL NUMBER: SB 1234	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Kehoe

                        FEBRUARY 19, 2010

   An act to add Section 188.7 to the Water Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1234, as introduced, Kehoe. Water: unreasonable use.
   Under existing law, the right to water or to the use of water is
limited to that amount of water that is reasonably required for the
beneficial use to be served, and does not extend to the waste,
unreasonable use, unreasonable method of use, or unreasonable method
of diversion of water. Existing law requires the Department of Water
Resources and the State Water Resources Control Board to take
appropriate actions to prevent the waste, unreasonable use,
unreasonable method of use, or unreasonable method of diversion of
water.
   This bill would require the board, by January 1, 2012, to adopt
regulations to identify unreasonable uses of water during various
periods of water shortage, as specified, and would set forth related
legislative findings and declarations.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The California Constitution requires that all water be put to
a reasonable and beneficial use.
   (b) What constitutes a reasonable use of water during a period of
ample water supply may not constitute a reasonable use of water
during a period of water shortage.
   (c) It is appropriate for the State Water Resources Control Board,
in order to guide local urban water agencies with regard to the
reasonable use of water during periods of water shortage, to adopt
regulations to identify unreasonable uses of water during periods of
water shortage.
  SEC. 2.  Section 188.7 is added to the Water Code, to read:
   188.7.  (a)  The board, by January 1, 2012, shall adopt
regulations to identify unreasonable uses of water during various
periods of water shortage.
   (b) For the purposes of subdivision (a), the board shall identify
unreasonable uses during a 10 percent or more water supply shortage,
a 20 percent or more water supply shortage, and a 30 percent or more
water supply shortage.