Amended in Senate June 30, 2015

Amended in Senate June 19, 2015

Amended in Assembly May 5, 2015

Amended in Assembly April 15, 2015

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 repeal and add 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 repeal that declaration and instead declare that the diversion of water to underground storage constitutes a beneficial use of water if the water so stored is thereafter applied to the beneficial purposes for which the appropriation for storage was made, or if the water is so stored consistent with a sustainable groundwater management plan, statutory authority to conduct groundwater recharge, or a judicial decree and is for specified purposes. This bill would require any begin delete person, regardless of an existing water right, end delete begin insert person end insert seeking to store water underground to first apply to the State Water Resources Control Board for a permit to appropriate water or petition the board for a begin delete change end delete begin insert change, as specified end insert . This bill would require the board to include specified conditions in an approved permit or petition. 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 begin delete area or is being held in storage for later application to beneficial use, end delete begin insert area, end insert 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 repealed.

SEC. 2.  

Section 1242 is added to the Water Code, to read:

1242.  

(a) The diversion of water to underground storage
constitutes a beneficial use of water if either of the following
conditions are met:

(1) The water so stored is thereafter applied to the beneficial
purposes for which the appropriation for storage was made.

(2) The water is so stored consistent with a sustainable
groundwater management plan developed pursuant to Part 2.74
(commencing with Section 10720) of Division 6, statutory authority
to conduct groundwater recharge, or a judicial decree and is for
one of the following purposes:

(A) Protecting water quality from saline water intrusion or other
contamination.

(B) Preventing or remediating significant and unreasonable land
subsidence that substantially interferes with surface land uses.

(C) Preventing or remediating chronic lowering of groundwater
levels indicating a significant and unreasonable depletion of supply
if continued over the planning and implementation horizon of the
sustainable groundwater management plan.

(b) (1) Any begin delete person, regardless of an existing water right, end delete begin insert person end insert
seeking to use water for a purpose described in paragraph (2) of
subdivision (a) shall first apply to the board for a permit to
appropriate water begin insert if the person does not hold a water right end insert or begin delete a
person holding a water right subject to this division, or a pre-1914
appropriative water right, end delete shall petition the board for a change begin delete to
that water right. end delete begin insert if the person holds a pre-1914 water right, a
permit, or a license. end insert The board shall review the application or
petition pursuant to this part.

(2) An order by the board approving an application or petition
described in paragraph (1) shall include conditions that prohibit
the diversion of water at times when a legal user of water on the
watercourse from which water is proposed for diversion is releasing
previously stored water or is restricted from diverting water from
that watercourse either due to requirements established by the
board or a regional board to carry out water quality control plans
prepared pursuant to Division 7 (commencing with Section 13000)
or imposed pursuant to the Fish and Game Code or the federal
Endangered Species Act of 1973.

(3) In addition to the conditions described in paragraph (2), an
order by the board approving an application or petition to
appropriate water from a stream tributary to the Sacramento-San
Joaquin Delta, as defined in Section 12220, shall include conditions
that prohibit the diversion of water at either of the following times:

(A) If the delta is in “balanced water conditions,” as that term
is defined by the Agreement Between the United States of America
and the State of California for the Coordinated Operation of the
Central Valley Project and the State Water Project, dated November
24, 1986.

(B) When the Central Valley Project, the State Water Project,
or other permitted storage project is making releases of previously
stored water for instream purposes or delta outflow.

(4) Conditions that prohibit the diversion of water imposed
pursuant to subparagraph (B) of paragraph (3) shall not apply when
upstream releases are made begin insert solely end insert for compliance points upstream
of the diversion.

begin delete

(c)

end delete begin insert

(c) For any person holding a permit or license in which the
board has authorized, on or before January 1, 2016, the
underground storage of water, the diversion of water to
underground storage consistent with that permit or license is
presumed to meet the condition described in paragraph (1) of
subdivision (a).

end insert

begin insert (d) end insert  The forfeiture periods in Sections 1240 and 1241 do not
include any period begin delete when, consistent with this section, end delete begin insert when end insert the
water is being used in the aquifer or storage area begin delete or is being held
in storage for later application to beneficial use. end delete begin insert pursuant to
paragraph (2) of subdivision (a). end insert