BILL ANALYSIS Ó AB 142 Page 1 Date of Hearing: April 15, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 142 (Bigelow) - As Amended April 6, 2015 ----------------------------------------------------------------- |Policy |Natural Resources |Vote:|8 - 1 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 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 AB 142 Page 3 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 AB 142 Page 4 held on suspense in the Assembly Appropriations Committee. Analysis Prepared by:Jennifer Galehouse / APPR. / (916) 319-2081