BILL NUMBER: AB 426 CHAPTERED
BILL TEXT
CHAPTER 634
FILED WITH SECRETARY OF STATE OCTOBER 8, 2013
APPROVED BY GOVERNOR OCTOBER 8, 2013
PASSED THE SENATE SEPTEMBER 6, 2013
PASSED THE ASSEMBLY MAY 23, 2013
AMENDED IN ASSEMBLY APRIL 23, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Salas
FEBRUARY 15, 2013
An act to amend Section 1740 of the Water Code, relating to water
rights.
LEGISLATIVE COUNSEL'S DIGEST
AB 426, Salas. Water: water transfers: water right decrees.
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. Under existing law, any water right determined under
a court decree issued after January 1, 1981, is transferable, as
specified.
This bill would eliminate the requirement that the court decree be
issued after January 1, 1981.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1740 of the Water Code is amended to read:
1740. Any water right determined under a court decree issued
pursuant to Chapter 3 (commencing with Section 2500) of Part 3 shall
be transferable pursuant to this chapter and Chapter 10 (commencing
with Section 1700). The court having the appropriate jurisdiction
over the decreed rights may enter a supplemental decree modifying any
rights involved upon motion of the board or any party with a vested
water right.