Amended in Senate July 16, 2015

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 amend Section 5093.56 of, and to add Sections 5093.548 and 5093.549 to, 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 suitability 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 change on river values and begin insert current and projected end insert water begin delete supply, end delete begin insert supplies, end insert 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 begin delete during end delete begin insert until the completion of end insert the study period and begin insert the end insert implementation of any recommendation to add the portion of the Mokelumne River to the begin delete system. end delete begin insert system, or December 31, 2021, whichever occurs first. end insert

The bill would also designate a specified portion of the Mokelumne River, or any begin delete segments end delete begin insert segment end insert 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, begin delete 2016 end delete begin insert 2017, end insert and would require the report to include a clear recommendation begin delete whether the Legislature should enact legislation to add the portion of the Mokelumne River, or any segments of that portion, to the system. end delete begin insert end insert begin insert on the suitability or nonsuitability for addition to the system of the designated portion of the Mokelumne River or any segment of that portion. 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert It is the intent of the Legislature that the entities
responsible for the Mokelumne Watershed Interregional
Sustainability Evaluation Program may seek state funding for
which the feasibility studies and assessments described in
paragraph (3) of subdivision (a) of Section 5093.548 of the Public
Resources Code are eligible. end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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 all of the
following:

(1) The 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. end delete begin insert River and its tributaries. end insert When
considering projected future water requirements, the secretary shall
only consider feasible projects to meet foreseeable demands.

(2) Any effects of climate change on river values begin insert described in
Section 5093.50 end insert and begin insert current and projected end insert water begin delete supply. end delete begin insert supplies. end insert

begin insert

(3) The following feasibility studies and assessments included
within the implementation plan of the Mokelumne Watershed
Interregional Sustainability Evaluation, Final Report dated June
12, 2015: 7a, 7b, 7d, and 7f. The inclusion of these studies and
assessments in this subdivision shall not be construed as an
exemption from wild and scenic designation.

end insert begin delete

(3)

end delete

begin insert (4) end insert  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.

begin delete

(4)

end delete

begin insert (5) end insert  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.

(b) The 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.

(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, begin delete 2016, end delete begin insert 2017, end insert and shall include a clear
recommendation begin delete whether the Legislature should enact legislation
to add the portion or any segment of that portion of the Mokelumne
River to the system. end delete begin insert end insert begin insert on the suitability or nonsuitability for addition
to the system of the designated portion of the Mokelumne River or
any segment of that portion. end insert

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

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

(f)  begin delete During end delete begin insert Until the completion of end insert the study period and begin insert the end insert
implementation of any recommendation to add segments to the
system, begin insert or December 31, 2021, whichever occurs first, end insert 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.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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

5093.549.  

The portion of the Mokelumne River, or any segment
of that portion, located begin delete upstream end delete from begin insert one-half mile downstream
of the Salt Springs 97-066 Dam to end insert 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.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

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

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 either of the
following:

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

(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 begin delete completed. end delete begin insert completed, or December
31, 2021, whichever occurs first. end insert 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.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

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