BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 142 (Bigelow) - Wild and scenic rivers: Mokelumne River.
          
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          |Version: July 16, 2015          |Policy Vote: N.R. & W. 9 - 0    |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 17, 2015   |Consultant: Marie Liu           |
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          This bill meets the criteria for referral to the Suspense File. 


          Bill  
          Summary:  AB 142 would require the secretary of the Natural  
          Resources Agency (secretary) to study and report on the  
          suitability of designating the Mokelumne River, its tributaries,  
          or portions thereof, under the California Wild and Scenic Rivers  
          Act.


          Fiscal  
          Impact:  One-time costs of up to $250,000 to the General Fund  
          for the Natural Resources Agency to complete the required study.


          Background:  The California Wild and Scenic Rivers Act (act) 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 of the people of the  
          state. The act declares that such use of these rivers is the  
          highest and most beneficial use, and is a reasonable and  







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          beneficial use of water.
          Rivers or segments of rivers designed under the act (i.e. "the  
          system") are classified as one of the following: 


           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;


           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


           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.




          Proposed Law:  
            This bill would require the secretary to study the suitability  
          of designating the Mokelumne River, its tributaries, or portions  
          thereof, as additions to the system. The study would be required  
          to consider the following:
           The potential effects of the proposed designation on the  
            ability of public agencies and utilities within the watershed  
            to meet current and future water requirements;


           Any effects of climate change on river values;


           The Mokelumne Watershed interregional Sustainability  
            Evaluation, Final Report dated June 12, 2015;


           The instances where the a water diversion facility may be  
            constructed on a river or segment of a river that is part of a  








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            system;


           The instances where the State Water Resources Control Board  
            has approved an application to appropriate water from a river  
            or segment of a river that is part of the system; and 


           Public input from abroad range of stakeholders.


          The study would be required to include the secretary's  
          recommendations and to be submitted to the Governor and the  
          Legislature by December 31, 2017.


          No dam, reservoir, diversion, or other water impoundment  
          facility may be constructed on any segment of the Mokelumne  
          River that is a potential addition to the system until the  
          completion of the study and report, or December 31, 2021,  
          whichever occurs first, unless the secretary determines that the  
          facility is needed to supply domestic water and that the  
          facility will not adversely affect the free-flowing condition  
          and natural character of the river and segment. 




          Related  
          Legislation:  SB 1199 (Hancock), 2014) would have designated a  
          37-mile portion of the Mokelumne River in Calaveras and Amador  
          Counties in the Sierra Nevada as a wild and scenic river. SB  
          1199 was held in the Assembly Appropriation Committee on  
          suspense.


          Staff  
          Comments:  Supporters of the bill note that there are a number  
          of existing studies and reports that can contribute to the study  
          required by the bill. Specifically, the supporters note the US  
          Forest Service Final Environmental Impact Report for its North  
          Fork Mokelumne Wild and Scenic River study and sections of the  
          BLM Resource Management Plan that relate to Wild and Scenic  
          eligibility and suitability for the river. 








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          The Natural Resources Agency anticipates that the study required  
          by the bill will cost approximately $250,000 to the General  
          Fund. According to the agency, these costs take into account the  
          existing information. The agency notes that although there is a  
          fair amount of existing data, it will still require a  
          significant amount of workload to review and compile the  
          information. Also, there will are some areas that aren't covered  
          by existing documents that will require study.




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