Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 142

Introduced by Assembly Member Bigelow

(Principal coauthor: Senator Berryhill)

January 12, 2015

An act to begin insert amend Section 5093.56 of, and to end insert add begin delete Section end delete begin insert Sections end insert 5093.548 begin insert and 5093.549 end insert to begin insert , end insert the Public Resources Code, relating to wild and scenic rivers.

LEGISLATIVE COUNSEL’S DIGEST

AB 142, as amended, Bigelow. Wild and scenic rivers: Mokelumne River.

(1) Existing law, the California Wild and Scenic Rivers Act, provides for a system of classification of those rivers or segments of rivers in the state that are designated as wild, scenic, or recreational rivers, for purposes of preserving the highest and most beneficial use of those rivers. The act requires the Secretary of the Natural Resources Agency to study and submit to the Governor and the Legislature a report that analyzes the suitability or nonsuitability for addition to the system of rivers or segments of rivers that are designated by the Legislature as potential additions to the system, and requires that each report contain specified information and recommendations with respect to the proposed designation.

This bill would require the secretary, in a report analyzing the begin delete suitabliity end delete begin insert suitability end insert or nonsuitability of a proposed designation of the Mokelumne River, its tributaries, or portions thereof as additions to the system, to consider the potential effects of the proposed designation on future water requirements, as specified, and the effects of climate begin delete change. end delete begin insert change on river values and water supply, and to consider other factors. The bill would include any portion of the Mokelumne River designated for potential addition within certain protections afforded to wild and scenic rivers during the study period and implementation of any recommendation to add the portion of the Mokelumne River to the system. end insert

begin insert

The bill would also designate a specified portion of the Mokelumne River, or any segments of that portion, for potential addition to the system. The bill would require the secretary to submit a report pursuant to the above-described requirements to the Legislature and Governor no later than December 31, 2016 and would require the report to include a clear recommendation whether the Legislature should enact legislation to add the portion of the Mokelumne River, or any segments of that portion, to the system.

end insert

(2) The bill would declare that due to the unique geographical features of the Mokelumne River and its tributaries, a general statute within the meaning of specified provisions of the California Constitution cannot be made applicable and a special statute is necessary.

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 5093.548 is added to the Public Resources
Code, to read:

5093.548.  

(a) Notwithstanding Section 5093.547, prior to the
designation of the Mokelumne River, its tributaries, or portions
thereof as additions to the system, the secretary shall study and
submit to the Governor and the Legislature a report that analyzes
the suitability or nonsuitability of the proposed designation. The
suitability analysis contained in the report shall consider begin delete the end delete begin insert all of
the following: end insert

begin insert (1) end insert begin insert   end insert begin insert The end insert potential effects of the proposed designation on the
ability of public agencies and utilities within the Mokelumne River
watershed to meet current and projected future water requirements
through the development of new and more reliable water supplies
from the Mokelumne begin delete River, and any end delete begin insert River. When considering
projected future water requirements, the secretary shall only
consider feasible projects to meet foreseeable demands. end insert

begin insert (2) end insert begin insert   end insert begin insert Any end insert effects of climate begin delete change. The end delete begin insert change on end insert begin insert river values
and water supply. end insert

begin insert

(3) The instances when the secretary has determined pursuant
to Section 5093.55 that a water diversion facility may be
constructed on a river or segment of a river that is part of the
system.

end insert begin insert

(4) The instances when the State Water Resources Control Board
has approved an application to appropriate water from a river or
a segment of a river that is part of the system and what restrictions,
if any, were placed on the appropriation of water as a result of
the river or segment of a river’s inclusion in the system.

end insert

begin insert (b) end insert begin insert   end insert begin insert The end insert report shall also include the information required in
subdivision (b) of Section 5093.547 and the secretary’s
recommendations and proposals with respect to the proposed
designation.

begin insert

(c) The report required for the portion of the Mokelumne River
designated for potential addition to the system pursuant to Section
5093.549 shall be submitted to the Legislature and Governor no
later than December 31, 2016, and shall include a clear
recommendation whether the Legislature should enact legislation
to add the portion or any segment of that portion of the Mokelumne
River to the system.

end insert begin insert

(d) The study undertaken by the secretary pursuant to
subdivision (a) shall provide for public input from a broad range
of stakeholders.

end insert begin delete

(b)

end delete

begin insert ( end insert begin insert e) end insert   A report required to be submitted pursuant to subdivision
(a) shall be submitted in compliance with Section 9795 of the
Government Code.

begin insert

(f) During the study period and implementation of any
recommendation to add segments to the system, no dam, reservoir,
diversion, or other water impoundment facility may be constructed
on any segment designated for study by the secretary as a potential
addition to the system unless the secretary determines that the
facility is needed to supply domestic water to the residents of the
county or counties through which the river and segment flows and
the secretary determines that the facility will not adversely affect
the free-flowing condition and natural character of the river and
segment. This subdivision shall not apply to, and shall not in any
way affect, Amador Water Agency’s water rights application
5647X03 pending before the State Water Resources Control Board.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 5093.549 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

begin insert

begin insert 5093.549. end insert   

The portion of the Mokelumne River, or any segment
of that portion, located upstream from the upper extent of the
Pardee Reservoir at the elevation of not less than 580 feet above
mean sea level is hereby designated for potential addition to the
system.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 5093.56 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

5093.56.  

No department or agency of the state may assist or
cooperate, whether by loan, grant, license, or otherwise, with any
department or agency of the federal, state, or local government,
in the planning or construction of a dam, reservoir, diversion, or
other water impoundment facility that could have an adverse effect
on the free-flowing condition and natural character of begin delete the river end delete
begin insert either of the following: end insert

begin insert (a) end insert begin insert   end insert begin insert The rivers end insert and segments thereof designated in Section
5093.54 as included in the system.

begin insert

(b) The portion of the Mokelumne River designated in Section
5093.549 for study by the secretary as a potential addition to the
system until after the study period and implementation of any
recommendations have been completed. This subdivision shall not
apply to, and shall not in any way affect, Amador Water Agency’s
water rights application 5647X03 pending before the State Water
Resources Control Board.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

Due to the unique geographical features of the
Mokelumne River and its tributaries, the Legislature hereby finds
and declares that a general cannot be made applicable within the
measuring of Section 16 of Article IV of the California
Constitution. Therefore, the special legislation contained in Section
1 of this act is necessarily applicable to the Mokelumne River and
its tributaries.