BILL ANALYSIS Ó
AB 142
Page 1
ASSEMBLY THIRD READING
AB
142 (Bigelow)
As Amended April 6, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+-----------------------+-------------------|
|Natural |8-1 |Williams, Dahle, |Mark Stone |
|Resources | |Cristina Garcia, | |
| | |Hadley, Harper, | |
| | |McCarty, Rendon, Wood | |
| | | | |
|----------------+------+-----------------------+-------------------|
|Appropriations |17-0 |Gomez, Bigelow, Bonta, | |
| | |Calderon, Chang, Daly, | |
| | |Eggman, Gallagher, | |
| | |Eduardo Garcia, | |
| | |Gordon, Holden, Jones, | |
| | |Quirk, Rendon, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Requires the Secretary of the Natural Resources Agency
(NRA) to conduct a study analyzing the suitability or
non-suitability of adding potions of the Mokelumne River and its
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tributaries to the Wild and Scenic Rivers System (System).
This Bill:
1)Requires the Secretary of NRA to conduct a study analyzing the
suitability or non-suitability of adding potions of the
Mokelumne River and its tributaries to the System.
2)Requires the study to consider, in addition to what is already
required for a wild and scenic study, all of the following:
a) 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.
b) Requires only feasible projects to meet foreseeable
demands be considered for projected future water
requirements.
c) Effects of climate change.
d) Instances when the Secretary has determined a water
diversion facility may be constructed on a river or segment
of a river that is part of the system.
e) 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 were placed on the appropriation of water as a
result of the river or segment of a river's inclusion in the
system.
3)Requires the study to include a clear recommendation and be
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submitted to the Governor and Legislature by December 31, 2016.
4)Prohibits the construction of any dam, reservoir, diversion or
water impoundment facility during the study period or during the
implementation of the recommendation.
5)Prohibits the assistance from the state in the planning or
construction of a dam, reservoir, diversion, or other water
impoundment facility.
6)Exempts Amador Water Agency's water rights application 5647X03
pending before the State Water Resources Control Board water
rights from the prohibitions above.
EXISTING LAW, pursuant to the California Wild and Scenic Rivers
Act (Act):
1)Declares that it is the policy of the state that certain rivers
that possess extraordinary scenic, recreational, fishery, or
wildlife values be preserved in their "free-flowing" state,
together with their immediate environments, for the benefit and
enjoyment of the people of the state. Declares that such use of
these rivers is the highest and most beneficial use and is a
reasonable and beneficial use of water.
2)Defines "free-flowing" as existing or flowing without artificial
impoundment, diversion, or other modification of the river.
(The presence of low dams, diversion works, and other minor
structures does not automatically bar a river's inclusion within
the System.)
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3)Requires that those rivers or segments of rivers included in the
System be classified as one of the following:
a) Wild rivers, which are those rivers or segments of rivers
that are free of impoundments and generally inaccessible
except by trail, with watersheds or shorelines essentially
primitive and waters unpolluted;
b) Scenic rivers, which are those rivers or segments of
rivers that are free of impoundments, with shorelines or
watersheds still largely primitive and shorelines largely
undeveloped, but accessible in places by roads; or
c) Recreational rivers, which are those rivers or segments of
rivers that are readily accessible by road or railroad, may
have some development along their shorelines, and may have
undergone some impoundment or diversion in the past.
4)Designates several California rivers and segments thereof as
components of the System.
5)Requires the NRA to be responsible for coordinating the
activities of state agencies whose activities affect the rivers
in the System with those of other state, local, and federal
agencies with jurisdiction over matters that may affect the
rivers.
6)Requires the NRA to study and submit to the Governor and
Legislature reports on the suitability or nonsuitability for
addition to the system when the Legislature designates potential
additions to the system. The reports shall include the
following:
a) Recommendations and proposals with respect to the
designation of a river or segment;
b) Maps and illustrations to show the area included within
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the report;
c) Characteristics which do or do not make the area a worthy
addition to the system;
d) Status of land ownership and use;
e) Potential uses which will be enhanced, foreclosed, or
curtailed if included in the System.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, one-time GF costs in the $250,000 range for the Agency
to conduct the study, analyze the criteria specified in this 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)The Act. The Act was passed in 1972 to preserve designated
rivers possessing extraordinary scenic, recreation, fishery, or
wildlife values. With its initial passage, the System protected
segments of the Smith River and tributaries, Klamath River and
tributaries, Scott River, Salmon River, Trinity River, Eel
River, Van Duzen River, and American River. The System was
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subsequently expanded by the Legislature to include the East
Carson and West Walker rivers in 1989, the South Yuba River in
1999, the Albion River and Gualala Rivers in 2003, and Cache
Creek in 2005. In addition, segments of the McCloud River, Deer
Creek, and Mill Creek were protected under the Act in 1989 and
1995 respectively, although these segments were not formally
designated as components of the System.
The Act provides a number of legal protections for rivers
included within the System. 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.
No dam, reservoir, diversion, or other water impoundment
facility may be constructed on any river segment included in the
System. However, there are exemptions, which include temporary
flood storage facilities on the Eel River and temporary
recreational impoundments on river segments with a history of
such impoundments. NRA cannot authorize these temporary
recreational impoundments without first making a number of
findings.
3)The Mokelumne River. Located in the Central Sierra, the
Mokelumne is a hard-working river with dams and diversions
providing irrigation water for agriculture in the Central Valley
while also generating hydro-electricity for more than 200,000
homes. The water quality found in the North Fork and main stem
of the Mokelumne River has been found to be extremely high. The
East Bay Municipal Utilities District serves approximately 1.4
million residents of the East Bay with drinking water from this
river segment.
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The river is home to diverse wildlife populations, rare
wildlife, and a trout fishery. It also features deep granite
canyons, the massive Devil's Nose and Calaveras Dome, cascading
waterfalls, dramatic gorges, and mature riparian forests that
afford increasingly rare opportunities to view isolated,
primitive mid-Sierra natural beauty. The river is enjoyed by
many for recreation such as swimming, whitewater kayaking and
rafting, and hiking.
4)Studies. While Section Public Resources Code Section 5093.547
does require the NRA to study potential additions to the system,
no study has been conducted in over 20 years. AB 3101 (Sher) of
1986 and AB 653 (Sher) of 1993 required studies by the NRA,
which included a proposed designation, interim protections while
the study was conducted, and a due date for the study.
Rivers have been added to the system by the Legislature without
studies. The Legislature added the South Yuba River in 1999,
the Albion River and Gualala Rivers in 2003, and Cache Creek in
2005 to the System without a study.
Analysis Prepared by:
Michael Jarred / NAT. RES. / (916) 319-2092 FN:
0000721