BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 1061 Hearing Date: July 14,
2015
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|Author: |Gallagher | | |
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|Version: |June 1, 2015 Amended |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Angee Doerr |
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Subject: Sacramento and San Joaquin Drainage District: powers.
BACKGROUND AND EXISTING LAW
Background:
In 1911 the legislature created the California State Reclamation
Board (Board), which was given regulatory authority over the
Sacramento Valley's Local Maintaining Agencies (LMAs), with the
objectives of (1) assuring a logical, integrated system for
controlling flooding along the Sacramento and San Joaquin Rivers
and their tributaries in cooperation with US Army Corps of
Engineers, (2) cooperating with various agencies in planning,
constructing, operating, and maintaining flood control works,
and (3) maintaining the integrity of the flood control system.
In 1913 the Reclamation Board was given regulatory authority
over the San Joaquin Valley's LMAs. The same year, the
Legislature created the Sacramento-San Joaquin Drainage District
(District) to give the Reclamation Board the authority to
acquire the necessary property and easements for flood control.
Creation of the district allowed the State Engineer to procure
data and perform surveys and examinations of the San Joaquin and
Sacramento rivers and their tributaries to further the Board's
plans to control the floodwaters of the rivers, improve and
preserve navigation, and ensure the reclamation and protection
of the lands that are susceptible to overflow from those rivers
and their tributaries. Those plans culminated in the State Plan
of Flood Control (SPFC), a State-Federal flood protection system
in the Sacramento River and San Joaquin River watersheds.
Property rights for the SPFC are held by the District.
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According to statute, the Drainage District can acquire, own,
hold, use, and enjoy any and all properties necessary for the
purposes of the district. The District's boundaries comprise
more than 1.9 million acres in the Central Valley along the
general course of the Sacramento and San Joaquin Rivers,
stretching from Glenn and Butte Counties in the north to Madera
and Fresno Counties in the south (see Figure in Comments).
Management and control of the District are vested in the Board.
In 2007 the Legislature restructured the Reclamation Board and
renamed it the "Central Valley Flood Protection Board." The
legislation also gave the Board the responsibility to review and
adopt the historic 2012 Central Valley Flood Protection Plan
(CVFPP).
Existing law:
1)Provides the Board authority for the protection and oversight
of levees, weirs, channels, and other features of federally
and state-authorized flood control facilities located in the
Sacramento River and San Joaquin River drainage basins (Water
Code (WAT) Division 5, Part 4, Chapter 3).
2)Requires plans that involve the construction, enlargement, or
alteration of any levee, embankment, canal, or other
excavation in the bed of or along or near the banks of the
Sacramento or San Joaquin Rivers or any of their tributaries
or specified lands to be approved by the Board before such
activity is commenced (WAT Division 5, Part 4 Chapter 3).
3)Vests management and control of the District in the Board (WAT
Section 8502).
4)Authorizes the District to acquire, own, hold, use, and enjoy
any and all properties necessary for the purposes of the
District (WAT Section 8504).
PROPOSED LAW
This bill:
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Amends WAT Section 8504 to allow the District to sell, lease,
or rent properties, and use any revenue that is generated from
the lease or rental of said properties for flood control
purposes.
ARGUMENTS IN SUPPORT
Writing in support, the bill's sponsor, the California Central
Valley Flood Control Association (CCVFCA) states that AB1061
will "enable agricultural, oil, and gas lease proceeds to be
directly available for the maintenance of flood control
projects. Applying lease revenues directly to maintenance
activities will help in completing repairs and preservation of
levees, while also maximizing environmental mitigation and
enhancement."
ARGUMENTS IN OPPOSITION
None Received
COMMENTS
Who currently controls proceeds from the lease or renting of
District lands? The management and control of the District is
vested in the Board, which falls under the authority of DWR.
Board leases include traditional grazing and agricultural leases
as well as oil and gas leases that generate rent and royalties.
Existing law requires all lease revenues from land where DWR is
the lessor to be deposited directly into the General Fund.
Similar Legislation:
SB749 (Wolk, 2013, Chapter 387) amended Fish and Game Code
Section 1745.1 to authorize the Department of Fish and Wildlife
to lease department-managed lands for agricultural activities.
In addition, the bill allowed any moneys collected from these
agricultural leases to be used to support the management,
maintenance, restoration, and operations of department-managed
lands. One example of a successful management project is the
Yolo Basin Wildlife Refuge, where lands leased for the growing
of rice provide habitat for waterfowl and other wildlife
species, and managed grazing in other parts of the refuge help
to maintain vernal pool habitat. The revenues generated from
the leases also assist the DFW in covering maintenance and
operations costs for the refuge.
SUPPORT
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California Central Valley Flood Control Association (CCVFCA)
(Sponsor)
Association of California Water Agencies (ACWA)
OPPOSITION
None Received
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