Amended in Assembly January 4, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1244

Introduced by Assembly Member Gray

February 27, 2015

An act to begin delete add Section 1229.2 to end delete begin insert amend Section 1229 of end insert the Water Code, relating to water.

LEGISLATIVE COUNSEL’S DIGEST

AB 1244, as amended, Gray. Water rights: small irrigation use.

Existing law authorizes any person to obtain a right to appropriate water for a small irrigation use upon registering the use with the State Water Resources Control Board and thereafter applying the water to reasonable and beneficial use with due diligence. Existing law provides that the board is not required to adopt general conditions applicable to appropriations for small irrigation use until the board determines that funds are available for that purpose. Existing law provides that the authority to register for small irrigation use is effective only to the extent that the board establishes the general conditions for the applicable category of small irrigation use. Existing law requires the board, prior to adopting other general conditions for small irrigation use, and no later than June 30, 2012, to adopt general conditions for small irrigation use for facilities used for frost protection in a prescribed area, unless the board determines that sufficient funds are not available for that purpose.

This bill would require the begin delete board to adopt end delete begin insert board, when adopting end insert general conditions, begin delete in consultation end delete begin insert to consult end insert with the Department of Food and begin delete Agriculture, end delete begin insert Agriculture and end insert the University of California Cooperative begin delete Extension, and others, including, but not limited to the Department of Fish and Wildlife, for small irrigation use, unless the board determines that sufficient funds are not available for that purpose. end delete begin insert Extension, regarding relevant agricultural information, and with the Department of Fish and Wildlife, regarding potential impacts on fish and wildlife species, for small irrigation use other than for facilities used for frost protection in a prescribed area. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1229 of the end insert begin insert Water Code end insert begin insert is amended to
read: end insert

1229.  

(a) The board is not required to adopt general conditions
for small irrigation use pursuant to subdivision (a) of Section
1228.6 until the board determines that funds are available for that
purpose.

(b) A registration for small irrigation use pursuant to this article
is not authorized until the board establishes general conditions for
small irrigation use pursuant to subdivision (a) of Section 1228.6
to protect instream beneficial uses.

(c) The board may establish general conditions for some
methods of diversion or categories of small irrigation use before
establishing general conditions for other methods or categories,
in which case a registration for small irrigation use is authorized
only for those methods or categories for which the board has
established the general conditions for the protection of instream
beneficial uses.

(d) The board, prior to adopting other general conditions for
small irrigation use, and no later than June 30, 2012, shall adopt
general conditions for registration of small irrigation use for
facilities used for frost protection in the area described in paragraph
(1) of subdivision (a) of Section 1259.4, unless the board
determines that sufficient funds are not available for that purpose.

begin insert

(e) The board, when adopting general conditions, shall consult
with the Department of Food and Agriculture and the University
of California Cooperative Extension, regarding relevant
agricultural information, and with the Department of Fish and
Wildlife, regarding potential impacts on fish and wildlife species,
for small irrigation use not described in subdivision (d).

end insert

begin delete

SECTION 1.  

Section 1229.2 is added to the Water Code, to
read:

1229.2.  

Notwithstanding Section 1229, the board shall adopt
general conditions, in consultation with the Department of Food
and Agriculture, the University of California Cooperative
Extension, and others, including, but not limited to, the Department
of Fish and Wildlife, for small irrigation use not described in
subdivision (d) of Section 1229, unless the board determines that
sufficient funds are not available for that purpose.

end delete