BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1905|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
CONSENT
Bill No: AB 1905
Author: Alejo (D)
Amended: As introduced
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 9-0, 6/24/14
AYES: Pavley, Cannella, Evans, Fuller, Hueso, Jackson, Lara,
Monning, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 73-0, 5/8/14 (Consent) - See last page for vote
SUBJECT : Water rights: small domestic, small irrigation,
and livestock stockpond use
SOURCE : California Farm Bureau Federation
DIGEST : 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.
ANALYSIS :
Existing law:
1.Allows any person to obtain a right to appropriate water for a
small domestic, small irrigation, or livestock stockpond use,
as defined, by registering that use with the State Water
CONTINUED
AB 1905
Page
2
Resources Control Board (SWRCB) and then putting the water to
reasonable and beneficial use, subject to certain conditions.
2.Limits small domestic uses and livestock stockpond uses to
4,500 gallons a day or diversion to storage of 10 acre-feet
(af) per year.
3.Allows small domestic uses, which are ones affiliated with a
dwelling, to include aesthetic, fire protection, recreational,
or fish and wildlife purposes. Allows livestock stockponds to
be used for livestock watering and incidental aesthetic,
recreational, and fish and wildlife purposes.
4.Limits small irrigation uses to 42,000 gallons per day,
diversion to storage of a maximum of 20 af per year, and an
overall limit for all water rights held of 100 af per year.
5.Limits small irrigation uses to irrigation, heat control, or
frost protection and allows incidental aesthetic, fire
protection, recreational, or fish and wildlife purposes.
6.Allows both 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 does not exceed 20 af
per year.
7.Requires each person with a water use registration to pay an
annual fee according to a fee schedule established by the
SWRCB and to renew their registrations every five years.
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 af 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 af per year.
3.Allows a person to obtain a right to appropriate water for
AB 1905
Page
3
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.
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 SWRCB. 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 af per year.
Small irrigation use is limited to 42,000 gallons per day,
diversion to storage of a maximum of 20 af per year, and an
overall limit for all water rights held by the same registrant
of 100 af 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
af per year.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/4/14)
California Farm Bureau Federation (source)
California Association of Winegrape Growers
Lake County Farm Bureau
ARGUMENTS IN SUPPORT : According to the bill's sponsor,
California Farm Bureau Federation:
Without eliminating or increasing water storage
AB 1905
Page
4
classifications, this bill will allow the [SWRCB] to register
a single water bond for dual use.
Currently, a single water bond can be registered for small
irrigation use and small domestic use, but not for small
irrigation use and as a small livestock stockpond. AB 1905
would improve water users' opportunities to develop
economically viable and ecologically sustainable water
supplies by allowing small livestock stockponds to also be
registered for small irrigation use.
The need for dual water pond registration is both practical
and useful. Under a small irrigation use permit, a farmer can
use a portion of their water bond to irrigate and protect
crops from damage. However, a small livestock stockpond
registration does not allow any use for crop irrigation or
frost protection.
ASSEMBLY FLOOR : 73-0, 5/8/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Grove, Hagman, Harkey, Roger Hernández, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.
Pérez
NO VOTE RECORDED: Eggman, Gorell, Gray, Hall, Mansoor, V.
Manuel Pérez, Vacancy
RM:k 8/4/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
AB 1905
Page
5