California Legislature—2015–16 Regular Session

Assembly Bill No. 647

Introduced by Assembly Member Eggman

(Principal coauthor: Assembly Member Olsen)

(Coauthor: Senator Berryhill)

February 24, 2015

An act to amend Section 1242 of the Water Code, relating to water.

LEGISLATIVE COUNSEL’S DIGEST

AB 647, as introduced, Eggman. Beneficial use: diversion of water underground.

Under existing law, the right to water or to the use of water is limited to that amount of water that may be reasonably required for the beneficial use to be served. Existing law provides for the reversion of water rights to which a person is entitled when the person fails to beneficially use the water for a period of 5 years. Existing law declares that the storing of water underground, and related diversions for that purpose, constitute a beneficial use of water if the stored water is thereafter applied to the beneficial purposes for which the appropriation for storage was made.

This bill would declare that the diversion of water underground constitutes a beneficial use of water for which an appropriation may be made if the diverted water is stored and thereafter applied to beneficial use or if beneficial use of the water, including, but not limited to, protection of water quality or recovery of groundwater levels, is made while the water is underground. This bill would provide that the period for the reversion of a water right does not apply to water being beneficially used in the aquifer or being held in storage for later beneficial use.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1242 of the Water Code is amended to
read:

1242.  

The begin delete storing end delete begin insert diversion end insert of water underground, including
the diversion of streams and the flowing of water on lands
necessary to the accomplishment of begin delete such storage end delete begin insert that diversion end insert ,
constitutes a beneficial use of water begin insert for which an appropriation
may be made end insert if the begin insert diverted end insert water begin delete so end delete begin insert is end insert stored begin delete is end delete begin insert and end insert thereafter
applied to begin delete the beneficial purposes for which the appropriation for
storage was made. end delete begin insert beneficial use, consistent with this division, or
if beneficial use of the water, including, but not limited to,
protection of water quality or recovery of groundwater levels, is
made while the water is end insert begin insert underground. The forfeiture periods
described in this article do not apply to water being beneficially
used in the aquifer or being held in storage for later beneficial
use. end insert