California Legislature—2013–14 Regular Session

Assembly BillNo. 1905


Introduced by Assembly Member Alejo

February 19, 2014


An act to amend Sections 1228.1 and 1228.2 of the Water Code, relating to water rights.

LEGISLATIVE COUNSEL’S DIGEST

AB 1905, as introduced, Alejo. Water rights: appropriation: small domestic, small irrigation, and livestock stockpond use.

The Water Rights Permitting Reform Act of 1988 authorizes any person to obtain a right to appropriate water for a small domestic, small irrigation, or livestock stockpond use, as defined, upon registering the use with the State Water Resources Control Board, as prescribed, payment of a registration fee, and application of the water to reasonable and beneficial use with due diligence. Existing law defines “livestock stockpond” to mean a water impoundment structure constructed for livestock watering use not to exceed specified diversion amounts, including impoundment for incidental aesthetic, recreational or fish and wildlife purposes.

This bill would provide that impoundment for incidental fire protection purposes is included within livestock stockpond use.

Existing law, with regard to an appropriation for small domestic use, prohibits a registration from being filed if the facility is already served by or used pursuant to a permit or license for domestic or municipal use.

This bill would permit a small domestic use registration and a livestock stockpond use registration to be in effect for the same facility if the total combined water use covered by the registrations does not exceed 10 acre-feet per annum.

Existing law permits a small domestic use registration and a small irrigation use registration to be in effect for the same facility if the total combined water use covered by the registrations does not exceed 20 acre-feet per annum.

This bill would extend this authorization to a livestock stockpond use registration and a small irrigation use registration in effect for the same facility.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 1228.1 of the Water Code is amended to
2read:

3

1228.1.  

(a) The Legislature finds and declares that it is in the
4public interest to provide a timely, efficient, and economic
5procedure for the acquisition of rights to appropriate water for a
6small domestic use, including incidental stock watering and
7irrigation uses, a small irrigation use, and for a livestock stockpond
8subject to prior rights.

9(b) As used in this article:

10(1) “Small domestic use” means a domestic use, as that use is
11defined by board rule, or a use for aesthetic, fire protection,
12recreational, or fish and wildlife purposes that is associated with
13a dwelling or other facility for human occupation, that does not
14exceed direct diversion of 4,500 gallons per day or diversion to
15storage of 10 acre-feet per annum.

16(2) “Small irrigation use” means either of the following:

17(A) An irrigation use, heat control use, or frost protection use,
18not to exceed diversion to storage of 20 acre-feet per annum,
19including impoundment for incidental aesthetic, fire protection,
20recreational, or fish and wildlife purposes.

21(B) An irrigation use not to exceed direct diversion of 42,000
22gallons per day, up to a maximum of 20 acre-feet per annum.

23(3) “Livestock stockpond” means a water impoundment structure
24constructed for livestock watering use not to exceed direct
25diversion of 4,500 gallons per day, or diversion to storage of 10
26acre-feet per year, as that use is defined by the board, and including
P3    1impoundment for incidental aesthetic,begin insert fire protection,end insert recreational,
2or fish and wildlife purposes.

3

SEC. 2.  

Section 1228.2 of the Water Code is amended to read:

4

1228.2.  

(a) (1) Subject to subdivision (b), any person may
5obtain a right to appropriate water for a small domestic, small
6irrigation, or livestock stockpond use upon first registering the use
7with the board and thereafter applying the water to reasonable and
8beneficial use with due diligence.

9(2) With regard to an appropriation for small domestic use, a
10registration shall not be filed for a facility served by or used
11pursuant to a permit or license for domestic or municipal use, and
12not more than one small domestic use registration shall be in effect
13at any time for any facility.begin insert A small domestic use registration and
14a livestock stockpond use registration may be in effect for the same
15facility if the total combined water use covered by the registrations
16does not exceed 10 acre-feet per annum.end insert

17(3) With regard to an appropriation for small irrigation use,
18more than one registration may be in effect at any time for a
19registrant if the diversion or storage facilities subject to registration
20for a registrant do not exceed the ratio of one per 20 irrigated acres,
21and if the total water use on all acreage covered by the registrations,
22including any water use based on other rights, does not exceed
23100 acre-feet per annum.

24(4) A small domestic use registration and a small irrigation use
25begin delete registrationend deletebegin insert registration, or a livestock stockpond use registration
26and a small irrigation use registration,end insert
may be in effect for the
27same facility only if the total combined water use covered by the
28registrations does not exceed 20 acre-feet per annum.

29(5) With regard to an appropriation for livestock stockpond use,
30more than one registration may be in effect at any time for a
31registrant if stockponds subject to registration for that registrant
32do not exceed the ratio of one per 50 acres.

33(b) Initiation of rights to appropriate water pursuant to this article
34shall be subject to Article 1.3 (commencing with Section 1205),
35relating to fully appropriated stream systems. The board shall not
36accept any registration of water use which proposes as a source of
37water supply any stream system which has been unconditionally
38declared by the board to be fully appropriated pursuant to Section
391205, except that subdivision (b) of Section 1206, relating to
40conditional declarations of fully appropriated stream systems, shall
P4    1apply to registration of water use pursuant to this article, and the
2board shall accept those registrations where consistent with the
3conditions specified inbegin delete any suchend deletebegin insert theend insert declaration.

4(c) On or before June 30, 1989, and annually thereafter, the
5Division of Water Rights shall prepare and post on its Internet
6Web site information summarizing the location, nature, and amount
7of water appropriated pursuant to this article. The information shall
8include a description of the availability of unappropriated water
9in those stream systems which may become fully appropriated
10within the next reporting period.

11(d) If a registration is filed with a source of supply on a stream
12system that the most recent report submitted under subdivision (c)
13identifies as a stream system that may become fully appropriated
14within the next reporting period, the registration shall not take
15effect unless the board finds that unappropriated water is available
16for the appropriation proposed by the registration. If the board
17finds that unappropriated water is not available to supply the
18proposed appropriation, the board shall, following notice and
19hearing, determine whether that stream system should be declared
20fully appropriated pursuant to Article 1.3 (commencing with
21Section 1205).



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