BILL ANALYSIS Ó
AB 142
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Date of Hearing: April 15, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
142 (Bigelow) - As Amended April 6, 2015
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Urgency: No State Mandated Local Program: NoReimbursable:
SUMMARY:
This bill requires the Secretary of the Natural Resources Agency
(Agency) to conduct a study analyzing the suitability or
non-suitability of adding potions of the Mokelumne River and its
tributaries to the Wild and Scenic Rivers System. The study
AB 142
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must include a clear recommendation and be submitted to the
Governor and Legislature by December 31, 2016.
This bill prohibits the construction of any dam, reservoir,
diversion or water impoundment facility during the study period
or during the implementation of the recommendation. The
prohibition shall not apply to or affect in any way a specified
water rights application currently pending before the State
Water Resources Control Board.
FISCAL EFFECT:
One-time GF costs in the $250,000 range for the Agency to
conduct the study, analyze the criteria specified in the bill,
conduct public outreach and submit the report to the Governor
and Legislature.
COMMENTS:
1)Purpose. According to the author, the study of the portion of
the Mokelumne River (or any segment of that portion, located
upstream from the upper extent of Pardee Reservoir, as
specified) required by this bill will ensure all
environmental, water supply and climate effects of designating
this section of the Mokelumne as Wild and Scenic are
thoroughly analyzed by the Natural Resources Secretary prior
to potentially designating this segment as an addition to the
Wild and Scenic river system in California.
2)Background. The California Wild and Scenic Rivers Act
established State policy to protect the designated segments of
these classified rivers in their free-flowing state for the
benefit and enjoyment of the people. The law contains a
declaration that such use of rivers is the highest and most
beneficial use of these rivers and constitutes a reasonable
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and beneficial use within the meaning of the State
Constitution. Consequently, these segments are considered
fully appropriated by the California Division of Water Rights.
Those who obtain new water rights may not "impair" the
designated segments of Wild and Scenic rivers.
The Act defines "free-flowing" as "existing or flowing without
artificial impoundment, diversion, or other modification of
the river." The existence of minor structures, or even major
dams located upstream or downstream of a specific segment,
does not preclude a river from designation. Several rivers,
such as the Klamath, Trinity, Eel, and lower American, are
included in the System despite substantial flow modifications
by existing upstream dams and impoundments.
3)California's Wild and Scenic Rivers. California law now
considers segments of the Smith River and tributaries, Klamath
River and tributaries, Scott River, Salmon River, East Carson
and West Walker Rivers, South Yuba River, Albion and Gualala
Rivers, and Cache Creek as Wild and Scenic.
Segments of the McCloud River, Deer Creek, and Mill Creek are
also protected under the state act although not formally
designated. The Cache Creek designation, which covers 31
miles of that stream, was the most recent designation, in
2005.
The California Wild and Scenic Rivers Act requires the Natural
Resources Agency (NRA) to perform a study to consider future
additions to the state wild and scenic river system, however,
segments have been added to the system as a result of such
studies, but also through legislative action, without studies.
4)Prior Legislation. Last year, SB 1199 (Hancock) would have
designated a 37 mile portion of the Mokelumne River in
Calaveras and Amador counties a Wild and Scenic. This bill was
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held on suspense in the Assembly Appropriations Committee.
Analysis Prepared by:Jennifer Galehouse / APPR. / (916)
319-2081