BILL NUMBER: AB 647	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2015

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 amended, Eggman. Beneficial use:  diversion
  storing  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  
storing  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.   used
while it is in underground storage for specified purposes.  This
bill would provide that the period for the reversion of a water
right does not  apply to water being beneficially 
 include any period when the water is being  used in the
aquifer or  storage area or is  being held in storage for
later  application to  beneficial use  ,   as
prescribed .
   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.   (a)    The storing of water underground,
including the diversion of streams and the flowing of water on lands
necessary to the accomplishment of  such   that
 storage, constitutes a beneficial use of water if the water so
stored  is   meets one or both of the following
conditions: 
    (1)     Is  thereafter applied to the
beneficial purposes for which the appropriation for storage was made.

   (2) Is used while it is in underground storage for one or both of
the following express purposes:  
   (A) Protecting water quality, including providing a hydrostatic
barrier to saline water intrusion or other contamination.  
   (B) Preventing or remediating significant and unreasonable land
subsidence that substantially interferes with surface land uses.
 
   (b) The forfeiture periods in Sections 1240 and 1241 do not
include any period when, consistent with this section, the water is
being used in the aquifer or storage area or is being held in storage
for later application to beneficial use.  
  SECTION 1.    Section 1242 of the Water Code is
amended to read:
   1242.  The diversion of water underground, including the diversion
of streams and the flowing of water on lands necessary to the
accomplishment of that diversion, 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, 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 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.