SB 1386 Senate Bill

BILL NUMBER: SB 1386	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 12, 2012

INTRODUCED BY   Senator Lowenthal

                        FEBRUARY 24, 2012

   An act to amend  Section 12929.12 of, to repeal Chapter 1
(commencing with Section 12300) of Part 4.8 of Division 6 of, and to
amend and renumber the heading of Chapter 1.5 (commencing with
Section 12306) of Part 4.8 of Division 6 of,   Section
71610 of  the Water Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1386, as amended, Lowenthal.  Delta Flood Protection
Fund.   Municipal water districts: water storage. 

   The Municipal Water District Law of 1911 provides for the
formation of municipal water districts and grants to those districts
specified powers. Existing law permits a district to acquire,
control, distribute, store, spread, sink, treat, purify, recycle,
recapture, and salvage any water for the beneficial use of the
district, its inhabitants, or the owners of right to water in the
district.  
   This bill would prohibit a district located in a county with a
population greater than 8 million persons and where at least 80% of
the area of the district is included within the boundaries of a water
replenishment district from having specified authority relating to
the storage of water.  
   Existing law establishes the Delta Flood Protection Fund in the
State Treasury and states the intent of the Legislature to annually
appropriate specified amounts of money in the fund to the Department
of Water Resources for delta levee maintenance and delta flood
protection projects. Existing law abolished the Delta Flood
Protection Fund on July 1, 2010.  
   This bill would repeal obsolete provisions establishing the Delta
Flood Protection Fund and would make conforming changes to existing
law. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 71610 of the   Water
Code   is amended to read: 
   71610.   A   (a)     Except
as provided in subdivision (b), a  district may acquire,
control, distribute, store, spread, sink, treat, purify, recycle,
recapture, and salvage any water, including sewage and storm waters,
for the beneficial use or uses of the district, its inhabitants, or
the owners of rights to water in the district. 
   (b) For a district located in a county with a population greater
than 8 million persons and where 80 percent of the area of the
district is included within the boundaries of a water replenishment
district organized pursuant to Division 18 (commencing with Section
60000), the district shall have no authority to do any of the
following:  
   (1) Manage, control, or administer the importation of water for
storage, or the storage of groundwater.  
   (2) Store water underground except pursuant to either of the
following:  
   (A) A contract with an independent holder of adjudicated
groundwater extraction rights within the boundaries of the district
and for the account of the water rights holder.  
   (B) A court order issued by a court having jurisdiction over the
adjudication of groundwater extraction rights within the groundwater
basin where storage is sought.  
  SECTION 1.    Chapter 1 (commencing with Section
12300) of Part 4.8 of Division 6 of the Water Code is repealed.
 
  SEC. 2.    The heading of Chapter 1.5 (commencing
with Section 12306) of Part 4.8 of Division 6 of the Water Code is
amended and renumbered to read:
      CHAPTER 1.  GENERAL PROVISIONS

 
  SEC. 3.    Section 12929.12 of the Water Code is
amended to read:
   12929.12.  (a) It is the intent of the Legislature that sixty-five
million dollars ($65,000,000) of the funds that may be transferred,
pursuant to paragraph (3) of subdivision (b) of Section 12937, to the
California Water Fund from the California Water Resources
Development Bond Fund, shall be appropriated to the Environmental
Water Fund. It is the intent of the Legislature, subject to
subdivision (b), to appropriate to the Environmental Water Fund one
million dollars ($1,000,000) in the 1990-91 fiscal year and eight
million dollars ($8,000,000) per year in fiscal years 1991-92 to
1998-99, inclusive. However, the director, in consultation with the
Department of Finance, may accelerate payments to the California
Water Fund for appropriation to the Environmental Water Fund if the
director deems it appropriate to do so.
   (b) It is the further intent of the Legislature that if the
director determines that all or any portion of the amount that would
otherwise be appropriated in any fiscal year to the Environmental
Water Fund in accordance with subdivision (a) is required for
continued construction of the State Water Resources Development
System pursuant to Section 12938, the entire amount that would
otherwise be appropriated to the Environmental Fund for that fiscal
year shall be reduced accordingly. It is also the intent of the
Legislature that any reduction in funds appropriated to the
Environmental Water Fund pursuant to this subdivision be made up from
funds transferred to the California Water Fund pursuant to paragraph
(3) of subdivision (b) of Section 12937 in subsequent fiscal years.