Amended in Senate September 1, 2015

Amended in Senate July 16, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 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 current and projected water supplies, 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 until the completion of the study period and the implementation of any recommendation to add the portion of the Mokelumne River to the system, or December 31, 2021, whichever occurs first.

The bill would also designate a specified portion of the Mokelumne River, or any segment 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, 2017, and would require the report to include a clear recommendation on the suitability or nonsuitability for addition to the system of the designated portion of the Mokelumne River or any segment of that portion.begin insert The bill would require the secretary to enter into a cost-sharing agreement with the Upper Mokelumne River Watershed Authority that would require the state and the authority to each pay a specified portion of the cost of the report. By imposing new duties on a local government entity, the bill would impose a state-mandated local program.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.

begin insert

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

It is the intent of the Legislature that the entities
2responsible for the Mokelumne Watershed Interregional
P3    1Sustainability Evaluation Program may seek state funding for
2which the feasibility studies and assessments described in
3paragraph (3) of subdivision (a) of Section 5093.548 of the Public
4Resources Code are eligible.

5

SEC. 2.  

Section 5093.548 is added to the Public Resources
6Code
, to read:

7

5093.548.  

(a) Notwithstanding Section 5093.547, prior to the
8designation of the Mokelumne River, its tributaries, or portions
9thereof as additions to the system, the secretary shall study and
10submit to the Governor and the Legislature a report that analyzes
11the suitability or nonsuitability of the proposed designation. The
12suitability analysis contained in the report shall consider all of the
13following:

14(1) The potential effects of the proposed designation on the
15ability of public agencies and utilities within the Mokelumne River
16watershed to meet current and projected future water requirements
17through the development of new and more reliable water supplies
18from the Mokelumne River and its tributaries. When considering
19projected future water requirements, the secretary shall only
20consider feasible projects to meet foreseeable demands.

21(2) Any effects of climate change on river values described in
22Section 5093.50 and current and projected water supplies.

23(3) The following feasibility studies and assessments included
24within the implementation plan of the Mokelumne Watershed
25Interregional Sustainability Evaluation, Final Report dated June
2612, 2015: 7a, 7b, 7d, and 7f. The inclusion of these studies and
27assessments in this subdivision shall not be construed as an
28exemption from wild and scenic designation.

29(4) The instances when the secretary has determined pursuant
30to Section 5093.55 that a water diversion facility may be
31constructed on a river or segment of a river that is part of the
32system.

33(5) The instances when the State Water Resources Control Board
34has approved an application to appropriate water from a river or
35a segment of a river that is part of the system and what restrictions,
36if any, were placed on the appropriation of water as a result of the
37river or segment of a river’s inclusion in the system.

38(b) The report shall also include the information required in
39subdivision (b) of Section 5093.547 and the secretary’s
P4    1recommendations and proposals with respect to the proposed
2designation.

3(c) The report required for the portion of the Mokelumne River
4designated for potential addition to the system pursuant to Section
55093.549 shall be submitted to the Legislature and Governor no
6later than December 31, 2017, and shall include a clear
7recommendation on the suitability or nonsuitability for addition
8to the system of the designated portion of the Mokelumne River
9or any segment of that portion.

10(d) begin deleteThe end deletebegin insertA end insertstudy undertaken by the secretary pursuant to
11subdivision (a) shall provide for public input from a broad range
12of stakeholders.

13(e)  A report required to be submitted pursuant to subdivision
14(a) shall be submitted in compliance with Section 9795 of the
15Government Code.

16(f) Until the completion of the study period and the
17implementation of any recommendation to add segments to the
18system, or December 31, 2021, whichever occurs first, no dam,
19reservoir, diversion, or other water impoundment facility may be
20constructed on any segment designated for study by the secretary
21as a potential addition to the system unless the secretary determines
22that the facility is needed to supply domestic water to the residents
23of the county or counties through which the river and segment
24flows and the secretary determines that the facility will not
25adversely affect the free-flowing condition and natural character
26of the river and segment. This subdivision shall not apply to, and
27shall not in any way affect, Amador Water Agency’s water rights
28application 5647X03 pending before the State Water Resources
29 Control Board.

begin insert

30(g) (1) The secretary shall develop a cost estimate of the study
31and report required by subdivision (c) and enter into a cost-sharing
32agreement with the Upper Mokelumne River Watershed Authority.
33The cost-sharing agreement shall require that the state pay not
34more than 50 percent of the cost of the study and report required
35by subdivision (c), with the remaining cost to be paid by the
36authority. The payment by the authority may consist of
37appropriated funds or a contribution of services.

end insert
begin insert

38(2) Nothing in this section shall preclude any private donations
39or contributions from interested parties to be used for the purposes
40of this subdivision.

end insert
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SEC. 3.  

Section 5093.549 is added to the Public Resources
2Code
, to read:

3

5093.549.  

The portion of the Mokelumne River, or any segment
4of that portion, located from one-half mile downstream of the Salt
5Springs 97-066 Dam to the upper extent of the Pardee Reservoir
6at the elevation of not less than 580 feet above mean sea level is
7hereby designated for potential addition to the system.

8

SEC. 4.  

Section 5093.56 of the Public Resources Code is
9amended to read:

10

5093.56.  

No department or agency of the state may assist or
11cooperate, whether by loan, grant, license, or otherwise, with any
12department or agency of the federal, state, or local government,
13in the planning or construction of a dam, reservoir, diversion, or
14other water impoundment facility that could have an adverse effect
15on the free-flowing condition and natural character of either of the
16following:

17(a) The rivers and segments thereof designated in Section
185093.54 as included in the system.

19(b) The portion of the Mokelumne River designated in Section
205093.549 for study by the secretary as a potential addition to the
21system until after the study period and implementation of any
22recommendations have been completed, or December 31, 2021,
23whichever occurs first. This subdivision shall not apply to, and
24shall not in any way affect, Amador Water Agency’s water rights
25application 5647X03 pending before the State Water Resources
26Control Board.

27

SEC. 5.  

Due to the unique geographical features of the
28Mokelumne River and its tributaries, the Legislature hereby finds
29and declares that a special law is necessary and a general law
30cannot be made applicable within the meaning of Section 16 of
31Article IV of the California Constitution.

32begin insert

begin insertSEC. end insertbegin insert6.end insert  

end insert
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No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
34the only costs that may be incurred by a local agency or school
35district are the result of a program for which legislative authority
36was requested by that local agency or school district, within the
37meaning of Section 17556 of the Government Code and Section 6
38of Article XIII B of the California Constitution.

end insert


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