BILL ANALYSIS Ó
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2011-2012 Regular Session |
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BILL NO: AB 964 HEARING DATE: June 28, 2011
AUTHOR: Huffman URGENCY: No
VERSION: As proposed to be amended CONSULTANT: Dennis O'Connor
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Water Rights: Appropriation
BACKGROUND AND EXISTING LAW
Under current law, any person may obtain a right to appropriate
water for a small domestic or livestock stockpond use by
registering the use with the State Water Resources Control Board
(SWRCB) and then putting the water to reasonable and beneficial
use, subject to certain conditions. These conditions include:
There is water available for appropriation.
The proposed source of water is not a stream that the SWRCB
has been declared fully appropriated. The source may be a
stream that the SWRCB has declared conditionally fully
appropriated if the registration is consistent with those
conditions.
The proposed source of water is not a stream segment for which
the Director of Fish and Game has established proposed
streamflow requirements.
The use may not exceed direct diversion of 4,500 gallons per
day (gpd) or diversion by storage of 10 acre-feet per year.
The use may include impoundment for incidental aesthetic,
recreational, or fish and wildlife purposes.
For small domestic use, only one registration may be in effect
at any time for any facility.
For livestock stockpond use, more than one registration may be
in effect at any time for a registrant if stockponds subject
to registration for that registrant do not exceed the ratio of
one per 50 acres.
Each person with a registration of water use is required to
pay an annual fee according to a fee schedule established by
the SWRCB.
Registrations of water use are required to be renewed every
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five years.
The SWRCB is further required to establish general conditions
for all appropriations for water for small domestic or livestock
stockpond use. The conditions shall include:
The appropriation is subject to prior rights.
All conditions lawfully required by the Department of Fish and
Game are conditions upon the appropriations.
Diversion works shall be constructed and water applied to
beneficial use with due diligence.
Registration shall be renewed and water use reported pursuant
to law and to the rules of the SWRCB.
PROPOSED LAW
This bill would authorize the registration of small irrigation
use. Specifically, this bill would:
Define small irrigation use as water used for irrigation uses,
heat control uses, or frost protection uses, not to exceed
diversion to storage of 20 acre-fee per year, or an irrigation
use not to exceed direct diversion of 42,000 gpd for a maximum
of 20 acre-feet per year.
Allow more than one registration for small irrigation use to
be in effect at any time for a registrant if the diversion or
storage facilities do not exceed the ratio of one per 20
acres, and if the total water use on all acreage covered by
the registrations, including any water use based on other
rights, does not exceed 100 acre-feet per year.
Allow a small domestic use registration and small irrigation
use registration to be in effect for the same facility
provided that the total combined use of water does not exceed
20 acre-feet per year.
Prohibit registration for small irrigation use until the SWRCB
establishes general conditions for small irrigation use to
protect instream beneficial uses. The SWRCB may establish
general conditions for some methods of diversion or other
categories of small irrigation use before establishing general
conditions for other categories. If so, registration for
small irrigation use is authorized for only those categories
for which the SWRCB has established general conditions for the
protection of instream beneficial uses.
This bill would also:
Prohibit the registration of a facility for small domestic use
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served by or used pursuant to a permit or license for domestic
or municipal use.
Add fire protection to the list of allowable incidental water
use for small domestic use.
Make conforming changes in other parts of the water code.
Delete obsolete provisions and make other technical and
clarifying amendments.
ARGUMENTS IN SUPPORT
According to the author, "More economic losses occur due to
freeze damage in the United States than to any other weather
related hazard. In California, budding grape vines and certain
other crops may be severely damaged by spring frosts.
Sprinklers can be used to protect vineyards against frost but
since the threat can affect all vineyards in a particular area
at the same time this can lead to a high water demand by
numerous vineyards acting all at once. Those uses combined with
other water uses may cause river flows to drop levels that are
harmful to salmon and other fish."
"AB 964 would provide vineyard owners and others with a water
right in the form of a small irrigation use registration. If a
vineyard has an off-stream pond of an adequate size, it can draw
from its pond for frost protection instead of directly from the
stream. This reduces the instantaneous demand that can affect
fish."
ARGUMENTS IN OPPOSITION: None Received
COMMENTS
Frost Protection on Russian River. In February 2009, the SWRCB
received a letter from the from the federal National Marine
Fisheries Service expressing concern over the threat to
federally threatened and endangered salmonids from frost
protection irrigation. The letter documents two episodes of
fish stranding mortality that occurred in April 2008, one on
Felta Creek in Sonoma County and the second on the mainstem of
the Russian River near Hopland in Mendocino County.
In response, the SWRCB held several workshops in 2009 and 2010
to receive information regarding (1) the need for and the effect
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of water diversions for purposes of frost protection of crops,
(2) local voluntary efforts at managing water diversions for
frost protection, and (3) the need for short- or long-term
regulatory action by the SWRCB. Based on information presented
at the workshops and other available information, the SWRCB
decided to promulgate a regulation to prevent stranding
mortality due to frost diversions.
The proposed regulation would provide that diversions from the
Russian River stream system for purposes of frost protection
from March 15 through May 15 are unreasonable, unless they are
in accordance with a Water Demand Management Program (WDMP)
approved by the SWRCB. In order to be approved, a WDMP would be
required to ensure that the instantaneous cumulative diversion
rate does not result in a rapid decrease in stream stage that
results in the mortality of salmonids due to stranding.
The public hearing to receive comments and to consider adopting
a proposed Russian River frost protection regulation is
scheduled to be held at the September 20, 2011 SWRCB meeting.
Fire & Ice. This bill would allow registration of small
irrigation use for heat control use or frost protection use, in
addition to irrigation use. While the recent focus has been on
ways to sprinkle irrigate vineyards during cold snaps to prevent
frost, heat stress can also be a serious problem. Allowing the
use of water under this bill for heat control would allow the
sprinklers to be turned on to cool off the vineyards during
periods of high heat as well.
42,000 GPD is Small? Existing law limits small domestic and
livestock stockponds to direct diversion of 4,500 gpd, while
this bill would allow 42,000 gpd for small irrigation. While
the difference is large, 42,000 gallons is reportedly the amount
of water used daily to drip irrigate 20 acres of vineyards.
Mock-Up. The author intends to amend the bill as presented in
the attached mock-up. The mock-up also reflects technical
amendments suggested by committee staff.
SUGGESTED AMENDMENTS: None beyond those reflected in the
attached mock-up
SUPPORT
Wine Institute
OPPOSITION
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None Received
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