Amended in Assembly January 26, 2016

Amended in Assembly January 4, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1244


Introduced by Assembly Member Gray

February 27, 2015


An act to amend Section 1229 of 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.begin delete 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.end delete

This bill would require the board, when adopting general conditions, to 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 irrigationbegin delete use other than for facilities used for frost protection in a prescribed area.end deletebegin insert use.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:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 1229 of the end insertbegin insertWater Codeend insertbegin insert is amended to
2read:end insert

3

1229.  

(a) The board is not required to adopt general conditions
4for small irrigation use pursuant to subdivision (a) of Section
51228.6 until the board determines that funds are available for that
6purpose.

7(b) A registration for small irrigation use pursuant to this article
8is not authorized until the board establishes general conditions for
9small irrigation use pursuant to subdivision (a) of Section 1228.6
10to protect instream beneficial uses.

11(c) The board may establish general conditions for some
12methods of diversion or categories of small irrigation use before
13establishing general conditions for other methods or categories,
14in which case a registration for small irrigation use is authorized
15only for those methods or categories for which the board has
16established the general conditions for the protection of instream
17beneficial uses.

begin insert

18(d) The board, when adopting general conditions, shall consult
19with the Department of Food and Agriculture and the University
20of California Cooperative Extension, regarding relevant
21agricultural information, and with the Department of Fish and
22Wildlife, regarding potential impacts on fish and wildlife species,
23for small irrigation use.

end insert
begin delete
24

SECTION 1.  

Section 1229 of the Water Code is amended to
25read:

26

1229.  

(a) The board is not required to adopt general conditions
27for small irrigation use pursuant to subdivision (a) of Section
281228.6 until the board determines that funds are available for that
29purpose.

30(b) A registration for small irrigation use pursuant to this article
31is not authorized until the board establishes general conditions for
P3    1small irrigation use pursuant to subdivision (a) of Section 1228.6
2to protect instream beneficial uses.

3(c) The board may establish general conditions for some
4methods of diversion or categories of small irrigation use before
5establishing general conditions for other methods or categories,
6in which case a registration for small irrigation use is authorized
7only for those methods or categories for which the board has
8established the general conditions for the protection of instream
9beneficial uses.

10(d) The board, prior to adopting other general conditions for
11small irrigation use, and no later than June 30, 2012, shall adopt
12general conditions for registration of small irrigation use for
13facilities used for frost protection in the area described in paragraph
14(1) of subdivision (a) of Section 1259.4, unless the board
15determines that sufficient funds are not available for that purpose.

16(e) The board, when adopting general conditions, shall consult
17with the Department of Food and Agriculture and the University
18of California Cooperative Extension, regarding relevant agricultural
19information, and with the Department of Fish and Wildlife,
20regarding potential impacts on fish and wildlife species, for small
21irrigation use not described in subdivision (d).

end delete


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