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  








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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