BILL NUMBER: AB 647	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2015
	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: 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 storing of water underground
constitutes a beneficial use of water if the diverted water is used
while it is in underground storage for specified purposes.  This
bill would state the intent of the Legislature that this storage of
water underground not injure any legal user of the water involved.
 This bill would provide that the period for the reversion of a
water right does not 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 that storage, constitutes a beneficial use of
water if the water so stored 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. 
   (c) It is the intent of the Legislature that any storage of water
underground pursuant to subdivision (a) not injure any legal user of
the water involved.