BILL ANALYSIS Ó AB 2759 Page 1 Date of Hearing: April 29, 2014 ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE Anthony Rendon, Chair AB 2759 (Committee on Water, Parks and Wildlife) - As Introduced: March 24, 2014 SUBJECT : Interstate waters SUMMARY : Repeals unconstitutional Water Code provisions related to interstate waters and clarifies, with regard to the Truckee River and the Walker River, that the State Water Resources Control Board (State Water Board) must administer water rights consistent with Federal law. EXISTING LAW : 1)Holds in the U.S. Supreme Court's 1982 decision, Sporhase v. Nebraska, that State attempts to regulate interstate waters violate the Commerce Clause of the United States Constitution as that power is reserved to the Federal government. 2)Requires that unconstitutional statutory provisions must either be removed by legislation or the issue must reach an appellate court that then deems it unconstitutional. 3)Mandates that the Truckee River water be apportioned consistent with section 205(a) of Public Law 101-618, which was passed by Congress in 1990. 4)Mandates that the right to use the water of the Walker River and its tributaries must be consistent with the Federal decree governing that river, as the decree may be amended. FISCAL EFFECT : Unknown COMMENTS : California has outdated statutory language on the books reserving to California all present and future rights to interstate waters originating in California unless the neighboring State has entered into a reciprocity agreement. These provisions are unconstitutional. However, California has no automatic way to delete unconstitutional provisions from its codes. They must either be removed by legislation or the issue must reach an appellate court that then deems it unconstitutional. This means that a facially unconstitutional AB 2759 Page 2 provision could still be raised in litigation and the state would have to go through the time and expense of a Superior Court hearing followed by an appellate court hearing in order to clarify. This bill eliminates that risk. REGISTERED SUPPORT / OPPOSITION : Support None on file. Opposition None on file Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916) 319-2096