BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 964|
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THIRD READING
Bill No: AB 964
Author: Huffman (D), et al.
Amended: 8/18/11 in Senate
Vote: 21
SENATE NATURAL RESOURCES & WATER COMM. : 9-0, 6/28/11
AYES: Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe,
Padilla, Simitian, Wolk
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/15/11
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Steinberg
NO VOTE RECORDED: Price, Runner
ASSEMBLY FLOOR : 78-0, 5/19/11 (Consent) - See last page
for vote
SUBJECT : Water rights: appropriation
SOURCE : Author
DIGEST : This bill streamlines the process for
authorizing water diversions from streams and rivers for
small irrigation use as defined in the bill, with certain
limitations.
ANALYSIS :
Existing law:
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1. Authorizes any person to obtain a right to appropriate
water for small domestic use or livestock stockpond use
upon registering the use with the State Water Resources
Control Board (SWRCB) and upon thereafter applying the
water to reasonable and beneficial use with due
diligence.
2. Prohibits more than one registration to be in effect at
any time for any facility.
3. Allows a registrant to maintain more than one
registration for livestock stockpond use if stockponds
subject to registration do not exceed the ratio of one
per 50 acres.
4. Provides for registration renewals of small domestic
uses and livestock stockpond uses prior to the
expiration of each five-year period following completed
registration.
This bill:
1. Defines 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-feet
per year, or an irrigation use not to exceed direct
diversion of 42,000 gallons per day for a maximum of 20
acre-feet per year.
2. Allows 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.
3. Allows 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.
4. Prohibits registration for small irrigation use until
SWRCB establishes general conditions for small
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irrigation use to protect instream beneficial uses.
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.
5. Prohibits the registration of a facility for small
domestic use served by or used pursuant to a permit or
license for domestic or municipal use.
6. Adds fire protection to the list of allowable incidental
water use for small domestic use.
7. States that the SWRCB is not required to develop general
conditions for small irrigation use until adequate
resources are available.
8. Directs the SWRCB to develop general conditions for the
area surrounding the Russian River watershed before
developing other general conditions.
9. Makes conforming changes in other parts of the Water
Code.
10.Deletes obsolete provisions and makes other technical
and clarifying amendments.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Developing rules by $130 $130
Special*
the SWRCB
Processing registrations
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($65)Special*
by the SWRCB
Developing rules by $35
Special**
the Department of
Fish and Game
Environmental review Unknown minor cost
increases Special**
by the Department of
Fish and Game
* Water Rights Fund
**Fish and Game Preservation Fund
SUPPORT : (Verified 8/18/11)
Wine Institute
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."
ASSEMBLY FLOOR : 78-0, 5/19/11 (Consent)
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
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Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NO VOTE RECORDED: Alejo, Gorell
CTW:mw 8/18/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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