BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1905
                                                                  Page  1

          Date of Hearing:   April 30, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                 AB 1905 (Alejo) - As Introduced:  February 19, 2014 

          Policy Committee:                              Water, Parks and  
          Wildlife     Vote:                            15-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill expands the ability to hold two water rights  
          registrations for the same water storage facility and adds fire  
          protection to the list of allowable uses for livestock  
          stockponds.   Specifically, this bill:

          1)Allows a small domestic use registration and a livestock  
            stockpond use registration to be in effect for the same water  
            storage facility if the total combined water use covered by  
            the registrations does not exceed 10 acre feet per year.

          2)Allows a small irrigation registration and a small domestic  
            use registration or livestock stockpond registration to be in  
            effect for the same water storage facility if the total  
            combined water use covered by the registrations does not  
            exceed 20 acre feet per year.

          3)Allows a person to obtain a right to appropriate water for  
            stockpond use (watering livestock) to include fire protection  
            as one of the permissible uses in addition to incidental  
            aesthetic, recreational or fish and wildlife purposes. 

           FISCAL EFFECT  

          Minor, absorbable costs to the SWRCB.  The party seeking two  
          water right registrations for use at the same pond would still  
          be required to pay all applicable fees for each registration.

           COMMENTS  

           1)Purpose  .  According to the author, under a small irrigation  








                                                                  AB 1905
                                                                  Page  2

            use permit, a farmer can use a portion of their water pond to  
            irrigate and protect crops from damage.  However, a small  
            livestock stockpond registration does not allow any use for  
            crop irrigation, frost or fire protection.  Prohibiting  
            farmers from using their water resources to protect crops  
            handcuffs our farmers and ranchers' ability to maximize their  
            production.   The author further states that providing dual  
            registrations is both practical and useful.

           2)Background  .  In order to obtain the right to appropriate water  
            for a small domestic, small irrigation, or livestock stockpond  
            use, a person must register the use and pay an annual fee to  
            the State Water Resources Control Board.  The water use must  
            be reasonable and beneficial as defined by law.  
             
             Allowable livestock stockpond uses are for watering livestock  
            and incidental aesthetic, recreational, and fish and wildlife  
            uses.  Small domestic uses are affiliated with a dwelling and  
            include aesthetic, fire protection, recreational, and fish and  
            wildlife purposes.

            Domestic and livestock stockpond uses are limited to 4,500  
            gallons per day or diversion to storage of 10 acre feet per  
            year.   Small irrigation use is limited to 42,000 gallons per  
            day, diversion to storage of a maximum of 20 acre feet per  
            year, and an overall limit for all water rights held by the  
            same registrant of 100 acre feet per year. Small irrigation  
            use registrations held for diversions or storage facilities  
            must not exceed the ratio of one per 20 irrigated acres.  A  
            small domestic use registration and a small irrigation  
            registration may be in effect for the same facility if the  
            total combined water use does not exceed 20 acre feet per  
            year. 


           Analysis Prepared by  :    Jennifer Galehouse / APPR. / (916)  
          319-2081