BILL ANALYSIS Ó
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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BILL NO: AB 1896 HEARING DATE: June 10, 2014
AUTHOR: V. Manuel Perez URGENCY: No
VERSION: April 7, 2014 CONSULTANT: Dennis O'Connor
DUAL REFERRAL: Environmental QualityFISCAL: Yes
SUBJECT: Coachella Valley Water District: nonpotable water use.
BACKGROUND AND EXISTING LAW
Article X, Section 2 of the California Constitution requires the
prevention of waste or unreasonable use of water. It further
provides that the right to water does not extend to water that
is wasted or unreasonably used.
The Coachella Valley Water District (CVWD) is organized under
the County Water District Law. That act includes provisions
specific to CVWD that declares the use of water suitable for
potable domestic use for specific nonpotable uses is a waste or
unreasonable use within the meaning of Article X, Section 2, if
recycled water is available that meets specific conditions.
Those specific uses are:
cemeteries
parks
highway landscaped areas
new industrial facilities, and
golf course irrigation
PROPOSED LAW
This bill would extend, for the Coachella Valley Water District,
the application of Article X, Section 2 to landscaped common
areas of residential developments maintained by a homeowner's
association.
The bill would also make legislative findings about the
challenges of water management in the Coachella Valley.
ARGUMENTS IN SUPPORT
According to the author, "this bill will allow the Water
District to transition the landscaped common areas of
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residential developments that are maintained by homeowners
associations to the use of non-potable water for irrigation when
doing so is determined to be cost-effective and feasible."
"Today, the Coachella Valley's aquifer is in a state of
overdraft. While the Water District has instituted an aggressive
replenishment program to replenish the aquifer, the best public
policy is to reduce demand on the aquifer by substituting the
use of ground water for non-potable water when doing so is
cost-effective and feasible. "
"Substituting ground water for non-potable water will not only
reduce demand on the aquifer, but it will have the added benefit
of helping to replenish the aquifer as up to 40% of the
non-potable water used will percolate back into the aquifer."
ARGUMENTS IN OPPOSITION: None
COMMENTS:
Similar To Other Provisions Of The Law. Under the Water
Recycling Law, the use of potable domestic water for non-potable
purposes is a waste or unreasonable use within the meaning of
Article X, Section 2, if recycled water is available that meets
specific conditions. Those conditions include that the recycled
water is of adequate quality, is furnished at a reasonable cost,
that it meets public health requirements, will not adversely
affect downstream water rights, and will not degrade the
environment.
SUGGESTED AMENDMENTS: None
SUPPORT
Coachella Valley Water District (Sponsor)
Association of California Water Agencies
City of Palm Desert
Desert Valleys Builders Association
OPPOSITION
None Received
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