BILL ANALYSIS Ó AB 2759 Page 1 Date of Hearing: May 14, 2014 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair AB 2759 (Committee on Water, Parks and Wildlife) - As Introduced: March 24, 2014 Policy Committee: Water, Parks and Wildlife Vote: 14-0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill repeals unconstitutional Water Code provisions and clarifies that the State Water Resources Control Board (SWRCB) must administer the water rights of the Truckee and Walker Rivers consistent with federal law. FISCAL EFFECT No additional state costs. COMMENTS 1)Purpose. The purpose of this committee bill is to clarify codes and remove or modify provisions of law that the U.S. Supreme Court has determined are unconstitutional. 2)Background. California has outdated statutes regarding present and future rights to interstate waters originating in California unless the neighboring state has entered into a reciprocity agreement. The U.S. Supreme Court's 1982 decision in Sorphase v. Nebraska held that state attempts to regulate interstate waters violate the Commerce Clause of the U.S. Constitution. Unconstitutional statutes must be either removed by legislation or the issue must reach an appellate court that then deems it unconstitutional. This bill prevents an unconstitutional provision from being raised in litigation and the time and expense of a Superior Court and appellate court hearing to clarify. This bill provides additional AB 2759 Page 2 clarification on laws regarding the Truckee and Walker rivers consistent with the U.S. Supreme Court decision. Analysis Prepared by : Jennifer Galehouse / APPR. / (916) 319-2081