BILL NUMBER: AB 647	INTRODUCED
	BILL TEXT


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  storing   diversion  of
water underground, including the diversion of streams and the flowing
of water on lands necessary to the accomplishment of  such
storage   that diversion  , constitutes a
beneficial use of water  for which an appropriation may be made
 if the  diverted  water  so   is
 stored  is   and  thereafter applied
to  the beneficial purposes for which the appropriation for
storage was made.   beneficial use, consistent wit 
 h 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  
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.