Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 426

Introduced by Assembly Member Salas

February 15, 2013

An act tobegin delete amendend deletebegin insert addend insert Sectionbegin delete 13529 ofend deletebegin insert 1733 toend insert the Water Code, relating tobegin delete recycledend delete water.


AB 426, as amended, Salas. Water:begin delete recycled water.end deletebegin insert water transfers: temporary changes.end insert

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Existing law regulates water transfers and, among other things, allows a permittee or licensee to temporarily change the point of diversion, place of use, or purpose of use due to a transfer or exchange of water or water rights if the transfer would only involve the amount of water that would have been consumptively used or stored by the permittee or licensee in the absence of the proposed temporary change, would not injure any legal user of the water, and would not unreasonably affect fish, wildlife, or other instream beneficial uses.

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This bill would additionally allow a permittee or licensee to make a temporary change, as defined, in the point of diversion, place of use, or purpose of use, up to the amount of a permit or license, in order to transfer or exchange water or water rights through a water transfer agreement for a specified term if specific requirements are met. The bill would require a permittee or licensee to submit a notice of the transfer or exchange to the board including specific information. The bill would also require the State Water Resources Control Board to post the notice on its Internet Web site no later than 10 days after the date on which the notice was submitted, and to keep the notice posted on the board’s Internet Web site for 30 days.

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Existing law regulates the use of recycled water and establishes notification requirements for unauthorized discharges of recycled water to waters of the state. Existing law also makes specified findings and declarations with respect to recycled water.

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This bill would make a technical, nonsubstantive change to those findings and declarations.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

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P2    1

begin insertSECTION 1.end insert  

The Legislature finds and declares the following:

2(a) It is the policy of this state to improve the flexibility and
3provide greater regional self-reliance of water supplies.

4(b) It is the policy of this state to encourage conjunctive use of
5surface water and groundwater supplies and to make surface water
6available for other beneficial uses.

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7begin insert

begin insertSEC. 2.end insert  

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begin insertSection 1733 is added to the end insertbegin insertWater Codeend insertbegin insert, to read:end insert

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begin insert1733.end insert  

(a) Notwithstanding any other law, in an above-average
9water year in a defined hydrologic region reported by the
10department, a permittee or licensee may make a temporary change
11in the point of diversion, place of use, or purpose of use, up to the
12amount of the permit or license, to transfer or exchange water or
13water rights through a water transfer agreement for a specified
14term if all of the following requirements are met:

15(1) The transfer or exchange facilitates the conjunctive use of
16groundwater and surface water supplies within a defined
17hydrologic region.

18(2) The transferee and transferor are part of an regional
19management group of a integrated regional water management
20plan as defined in Section 10534.

21(3) The integrated regional water management plan under
22paragraph (2) includes a conjunctive use component and the
23transfer or exchange is implemented consistent with that

25(4) The transferee agrees to forgo pumping groundwater in an
26amount equivalent to the surface water received through the
27transfer during the year of the transfer.

P3    1(5) The temporary change occurs at a point of diversion where
2a water right or entitlement is held by the transferee or transferor.

3(6) The transfer or exchange commences no sooner than 15
4days following the submission of the notice under subdivision (b).

5(b) (1) The permittee or licensee shall submit a notice of the
6transfer or exchange to the board, which includes all of the

8(A) The permit or license number.

9(B) The amount of water to be transferred or exchanged.

10(C) The boundaries of the relevant integrated regional water
11management plan.

12(D) The name of the transferor.

13(E) The name of the transferee.

14(2) The board shall post the notice under paragraph (1) on its
15Internet Web site no later than 10 days after the date on which the
16notice was submitted, and the notice shall remain posted on the
17board’s Internet Web site for 30 days.

18(c) Upon the completion of the term of an agreement to transfer
19or exchange water or water rights, the right to the use of the water
20shall revert to the transferor as if the transfer or exchange of water
21or water rights had not been undertaken.

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Section 13529 of the Water Code is amended to



The Legislature hereby finds and declares all of the

26(a) The purpose of Section 13529.2 is to establish notification
27requirements for unauthorized discharges of recycled water to
28waters of the state.

29(b) It is the intent of the Legislature in enacting this section to
30promote the efficient and safe use of recycled water.

31(c) The people of the state have a primary interest in the
32development of facilities to recycle water to supplement existing
33water supplies and to minimize the impacts of growing demand
34for new water on sensitive natural water bodies.

35(d) A substantial portion of the future water requirements of the
36state may be economically met by the beneficial use of recycled

38(e) The Legislature has established a statewide goal to recycle
39700,000 acre-feet of water per year by the year 2000 and 1,000,000
40acre-feet of water per year by the year 2010.

P4    1(f) The use of recycled water has been proven to be safe and
2the State Department of Health Services is drafting regulations to
3provide for expanded uses of recycled water.

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