BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1244


                                                                    Page  1





          Date of Hearing:  January 12, 2016


                  ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE


                                 Marc Levine, Chair


          AB 1244  
          (Gray) - As Amended January 4, 2016


          SUBJECT:  Water rights:  small irrigation use


          SUMMARY:  Requires the State Water Resources Control Board  
          (SWRCB) to adopt general water rights conditions for small  
          irrigation registrations in consultation with the California  
          Department of Food and Agriculture (CDFA), the University of  
          California Cooperative Extension (UC Extension), and the  
          California Department of Fish and Wildlife (DFW), as specified. 


          EXISTING LAW:  


          1)Defines small irrigation use as an irrigation use, heat  
            control use, or frost protection use, not to exceed diversion  
            to storage of 20 acre-feet annually or direct diversion of  
            42,000 gallons per day up to a maximum of 20 acre-feet  
            annually.

          2)Adds small irrigation to the existing uses for which an  
            applicant may obtain a right to appropriate water by  
            registering with the SWRCB.










                                                                    AB 1244


                                                                    Page  2





          3)Limits the total combined water use covered by registrations  
            to one registration per 20 irrigated acres and, on all acreage  
            covered by the registrations including any water use based on  
            other rights, 100 acre-feet.

          4)Requires the SWRCB to establish general conditions for small  
            irrigation use to protect instream beneficial uses before the  
            small irrigation registration process can be used.

          5)Makes the SWRCB's duty to establish general conditions subject  
            to SWRCB having available funds.

          6)Allows the SWRCB to adopt general conditions for some methods  
            of diversion or categories of small irrigation use before  
            establishing general conditions for others.  

          7)Requires, by June 30, 2012, that the SWRCB establish general  
            conditions for small irrigation uses for facilities used for  
            frost protection in the area of northern California Coastal  
            Streams, as defined, unless the SWRCB finds it has  
            insufficient funds to do so. 

          FISCAL EFFECT:  Unknown


          COMMENTS:  


          1)Purpose:  This bill requires the SWRCB to consult with the  
            CDFA, UC Extension, and DFW in developing general water permit  
            terms for small irrigation registrations.


          2)Background on small irrigation registrations:  The small  
            irrigation registration process was created by AB 964  
            (Huffman), Chapter 579, Statutes of 2011, in response to  
            resource conflicts that were occurring when sprinklers used to  









                                                                    AB 1244


                                                                    Page  3





            protect vineyards against frost were creating simultaneous  
            water demands that, when combined with other water uses, were  
            causing drops in river flows that could be harmful to salmon  
            and other fish.  The small irrigation use registration process  
            was created in order to create an expedited water right for a  
            pond that stores less than 20 acre-feet annually so that a  
            vineyard could draw from its pond for frost protection instead  
            of directly from the stream.  However, the bill was not  
            limited to frost protection uses.  The SWRCB at that time  
            identified that one quarter of its currently-pending water  
            rights applications were for uses of 20 acre-feet per year or  
            less.  Therefore, creation of a small irrigation registration  
            process was expected to streamline permitting for some of  
            those small irrigation uses and help the SWRCB eliminate some  
            of its water right permitting backlog.



          In addition to increased flexibility for irrigators, AB 964  
            included environmental safeguards.  In addition to DFW's  
            ability under existing law to impose project-specific terms  
            and conditions on water registrations, AB 964 required the  
            SWRCB to develop general conditions that protect in-stream  
            beneficial uses before the small irrigation registration  
            process may be used.  AB 964 allowed the SWRCB to develop  
            general conditions for some areas or uses before others but  
            mandated that the SWRCB develop general conditions for frost  
            protection uses in the northern California coastal stream area  
            by June 30, 2012, unless the SWRCB determines it has  
            insufficient funds for that purpose.

          3)Prior and related legislation:  AB 964 (Huffman), Chapter 579,  
            Statutes of 2011, as referenced above, created the small  
            irrigation registration process.  












                                                                    AB 1244


                                                                    Page  4





          4)Supporting arguments:  The author states that this bill will  
            expand small irrigation use registrations in a manner that  
            ensures protection of senior water rights and environmental  
            water needs by creating general permit terms for small  
            irrigation registrations. Other supporters state AB 1244 would  
            assist the SWRCB in approving small projects with obvious  
            environmental benefits by working with others to develop  
            site-specific criteria that could expedite their approval.

          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Association of Winegrape Growers


          California Farm Bureau Federation




          Opposition


          None on file




          Analysis Prepared by:Diane Colborn / W., P., & W. / (916)  
          319-2096











                                                                    AB 1244


                                                                    Page  5