AB 2759 Assembly Bill

BILL NUMBER: AB 2759	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Water, Parks and Wildlife

                        MARCH 24, 2014

   An act to repeal Section 1410a of the Civil Code, and to amend
Section 1231 of, to repeal Section 1232 of, and to repeal and add
Section 1230 of, the Water Code, relating to water rights.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2759, as introduced, Committee on Water, Parks and Wildlife.
Interstate water rights.
   (1) Existing law provides that, with regard to a stream flowing
across the state boundary, a right of appropriation having the point
of diversion and place of use in another state and recognized by the
laws of that state has the same force and effect as if the point of
diversion and place of use were in this state.
   (2) Existing law provides that the provisions described in (1)
apply to any appropriation or change in point of diversion, place of
use, or purpose of use under a right to the use of waters from the
Truckee River if the appropriation or change is made pursuant to a
specified operating agreement entered into by the United States, the
State of Nevada, and this state.
   Existing law provides that the provisions described in (1) do not
apply to interstate lakes or streams flowing in or out of those
lakes.
   This bill would recast these provisions.
   (3) Existing law provides that the provisions described in (1) do
not apply to the Walker River and its tributaries or claimed rights
of appropriation from the Walker River in the State of Nevada.
   This bill would provide that the provisions described in (1) apply
to a right to the use of waters from the Walker River and its
tributaries if the appropriation or change is not inconsistent with a
prescribed court decree.
   (4) Existing law provides that an appropriation of water in this
state from a stream flowing into this state for beneficial use in
another state may be made only when, under the laws of the other
state, water may be diverted in that state for beneficial use in this
state. Existing law provides that the entire flow of water in any
natural stream which carries water from this state into any other
state is subject to use in this state under the laws of this state
and that the rights to the use of this water held under the laws of
this state are prior and superior to any rights to the waters of
these streams held under the laws of any other state.
   This bill would repeal these provisions. This bill would provide,
if the waters of an interstate body of water have been allocated
between California and another state or Indian tribe by a compact,
United States Supreme Court decree, or other appropriate method of
allocating interstate waters, the State Water Resources Control Board
is required to exercise its authority in a manner consistent with
the rights and responsibilities of the State of California under that
interstate allocation.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1410a of the Civil Code is repealed. 
   1410a.  The entire flow of water in any natural stream which
carries water from the State of California into any other state is
subject to use in the State of California, under the laws of the
State of California, and the right may be, so far as not already
acquired by use in the State of California, acquired and held under
the laws of the State of California. The rights to the use of such
water held under the laws of the State of California, shall be prior
and superior to any rights to the waters of such streams held under
the laws of any other state. 
  SEC. 2.  Section 1230 of the Water Code is repealed. 
   1230.  Upon any stream flowing across the State boundary, an
appropriation of water in this State for beneficial use in another
State may be made only when, under the laws of the latter, water may
be lawfully diverted therein for beneficial use in this State.

  SEC. 3.  Section 1230 is added to the Water Code, to read:
   1230.  If the waters of an interstate body of water have been
allocated between California and another state or Indian tribe by a
compact, United States Supreme Court decree, or other appropriate
method of allocating interstate waters, the board shall exercise its
authority under this division in a manner consistent with the rights
and responsibilities of the State of California under that interstate
allocation and Section 1231 does not apply to the extent it is
inconsistent with that interstate allocation.
  SEC. 4.  Section 1231 of the Water Code is amended to read:
   1231.   Upon any stream flowing across the state boundary
a   (a)     A    right
of appropriation  having   from a stream that
flows across the state boundary that has  the point of diversion
and the place of use in another state and  is  recognized
by the laws of that state shall have the same force and effect as if
the point of diversion and the place of use were in this State if the
laws of that state give like force and effect to similar rights
acquired in this State  ; provided, that this section shall
not apply to the Walker River and its tributaries or claimed rights
of appropriation therefrom in the State of Nevada, whether heretofore
or hereafter initiated  . 
   (b) Subdivision (a) does not apply to interstate lakes, or streams
flowing in or out of those lakes. Subdivision (a) applies where an
appropriation or change in point of diversion, place of use, or
purpose of use is proposed or made under either of the following:
 
   (1) A right to the use of waters from the Truckee River if the
appropriation or change is made pursuant to the operating agreement
described in Section 205(a) of Public Law 101-618.  
   (2) A right to the use of waters from the Walker River and its
tributaries if the appropriation or change is not inconsistent with
the decree entered in United States v. Walker River Irrigation
District, et. al. United States District Court for the District of
Nevada Equity No. C-125, filed April 15, 1936, including any
amendments to that decree entered before or after January 1, 2015.

  SEC. 5.  Section 1232 of the Water Code is repealed. 
   1232.  (a) Except as provided in subdivision (b), nothing in this
article applies to interstate lakes, or streams flowing in or out of
those lakes.
   (b) This article applies to any appropriation or change in point
of diversion, place of use, or purpose of use under a right to the
use of waters from the Truckee River if the appropriation or change
is made pursuant to the operating agreement described in Section 205
(a) of Public Law 101-618.