Amended in Assembly May 11, 2016

Amended in Assembly April 5, 2016

Amended in Assembly March 1, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1755

Introduced by Assembly Member Dodd

February 2, 2016

An act to add Part 4.9 (commencing with Section 12400) to Division 6 of the Water Code, relating to water data.

LEGISLATIVE COUNSEL’S DIGEST

AB 1755, as amended, Dodd. The Open and Transparent Water Data Act.

Existing law imposes on the Department of Water Resources various duties with respect to water in the state. Under existing law, the State Water Resources Control Board administers a water rights program pursuant to which the state board grants permits and licenses to appropriate water. Existing law regulates water transfers and authorizes a permittee or licensee to change the point of diversion, place of use, or purpose of use due to a transfer or exchange of water or water rights if certain conditions are met.

This bill would enact the Open and Transparent Water Data Act. The act would require the begin delete department end delete begin insert department, by January 1, 2018, end insert to begin delete establish a public benefit corporation that would create and manage (1) end delete begin insert create, operate, and maintain end insert a statewide begin insert integrated end insert water begin delete information system to improve the ability of the state to meet the growing demand for water supply reliability and healthy ecosystems, end delete begin insert data platform end insert that, among things, would integrate existing water begin insert and ecological end insert data information from multiple databases and begin delete (2) an online water transfer information clearinghouse to report on water transactions that would include a database with information end delete begin insert provide data end insert on completed water begin delete transfers, a public forum to exchange information on water market issues, and information to assist proponents with the water transfer approval processes. end delete begin insert transfers and exchanges. end insert

The act would require the department, the state board, and the Department of Fish and Wildlife to develop protocols for data sharing, documentation, quality control, public access, and promotion of begin delete open source end delete begin insert open-source end insert platforms and decision support tools related to water data and to submit to the Legislature a report on those protocols. The act would specify that a recipient of state funds for research or projects relating to the improvement of water data shall adhere to those protocols or be ineligible for state funding.

The act would create the Water begin delete Information System end delete begin insert Data end insert Administration Fund. The act would specify that moneys in the fund would be available, upon appropriation, to the begin delete department end delete begin insert department, the state board, and the Department of Fish and Wildlife end insert for the improvement of water data and for begin delete the end delete begin insert certain other end insert purposes of the act.

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.  

Part 4.9 (commencing with Section 12400) is
added to Division 6 of the Water Code, to read:

 

PART 4.9.  The Open and Transparent Water Data
Act

 

Chapter  1. General Provisions

 

12400.  

This part shall be known, and may be cited, as the Open
and Transparent Water Data Act.

12401.  

The Legislature finds and declares all of the following:

(a) The recent drought reveals that California needs begin delete a real-time,
accessible statewide water information system end delete begin insert to integrate existing
water and ecological data into an authoritative open end insert begin insert -access
platform end insert to help water managers operate California’s water system
more effectively and help water users make informed decisions
based on water availability and allocation.

begin delete

(b) California has a number of databases containing information
on hydrology, biology, water quality, the physical environment,
and water rights and use. The passage of the Sustainable
Groundwater Management Act (Part 2.74 (commencing with
Section 10720)) will result in more data on groundwater use and
availability. Unfortunately, current water data is often challenging
to obtain, outdated, and not always readily available to water
managers and the public due to its collection by numerous entities
and storage in disparate databases that often rely on tools that do
not keep pace with technological advances.

(c) The need to account for California’s water is essential, yet
water managers must make decisions about water resources while
relying on outdated and incomplete information. A greater
understanding of and ability to access existing water data will
support more timely and science-based decisions related to water
planning, water allocations, water transfers, and water use
efficiency that will lead California to a more sustainable water
future.

(d) On October 2, 2015, the Delta Stewardship Council released
a white paper entitled “Enhancing the Vision for Managing
California’s Environmental Information.” The white paper and the
Environmental Data Summit were a collaborative effort of the
Delta Stewardship Council and its Delta Science Program, the
Department of Water Resources, the Sacramento-San Joaquin
Delta Conservancy, the State Water Resources Control Board, the
Department of Fish and Wildlife, the San Francisco Estuary
Institute, the State and Federal Contractors Water Agency, and 34
North. The white paper recommended four necessary actions to
achieve the goal of streamlining the collaboration of huge amounts
of environmental data between various state and federal agencies
and identified the need for new policies for managing California’s
large amounts of data: development of a system where data could
be accessed from a centralized source, implementing new methods
for clear documentation of existing data, and developing business
models that will better facilitate the management of data.

(e) The California Water Plan Update 2013, Volume 1, Chapter
6, entitled “Integrated Data and Analysis: Informed and Transparent
Decision-Making,” describes key actions needed to improve water
resources information and analysis for integrated water
management and urges agencies that collect data to work together
to prioritize and align water resources information that is collected
by multiple agencies.

(f) The California Water Action Plan recognizes the need to
take bold action to transfer the state’s water management system
to face the challenges of the 21st century. Climate change,
population growth, and vulnerable ecosystems create greater
uncertainty in future water availability. To address these challenges
California needs to do both of the following:

(1) Invest in a 21st century water management system that can
adapt to wide variations in rainfall.

(2) Safeguard and restore California’s freshwater ecosystems
so they can withstand variations in climate and competing demands
for water.

(g) Standards for transparent access to data have changed with
the public demanding real-time information on demand. However,
the demand for available data currently outstrips the ability to
deliver information to water managers and the public.

(h) Clear data standards and protocols help to promote
compatibility among datasets, allowing for sharing, aggregation,
and analysis by multiple groups.

(i) Metadata summarizes basic information about data, which
can make finding and working with particular data easier. Clear
documentation of metadata avoids misunderstandings, reduces
disputes, and increases the effectiveness of management decisions.

end delete begin insert

(b) State and federal leadership, increased awareness by
business, governmental, and nongovernmental organizations
through open and transparent access to data, and improved
technology and availability of open-source platforms create a
unique opportunity that California should seize upon to integrate
and increase access to existing water data.

end insert begin insert

(c) California is working to increase access to water data
collected by state agencies. The state board is piloting a project
to make water quality datasets available online through an open
data portal. The portal creates an opportunity to foster
collaboration among state agencies, share and integrate existing
datasets, improve state agency operations through data-driven
decisionmaking, and improve transparency and accountability.

end insert begin insert

(d) State agencies should promote openness and interoperability
of water data. Making information accessible, discoverable, and
usable by the public can foster entrepreneurship, innovation, and
scientific discovery.

end insert begin delete

(j)

end delete

begin insert ( end insert begin insert e) end insert  Water data and research that is gathered using state funds
should be made publicly accessible. State delegation of data
management to contractors should not result in the public losing
access to its own information.

begin delete

(k)

end delete

begin insert (f) end insert  The availability of begin delete cheap and end delete open-source tools begin delete could help
produce an end delete begin insert makes it easier to access and explore water and
ecological data and could facilitate end insert begin insert the creation of an end insert online
begin insert integrated end insert water begin delete transfer information clearinghouse end delete begin insert end insert begin insert data platform end insert
without the need to create an expensive new centralized database.

begin delete

(l) An effective water market is one of several water
management tools needed to improve the state’s water supply
reliability.

end delete

12402.  

Unless the context otherwise requires, the following
definitions govern the construction of this part:

begin delete

(a) “Clearinghouse” means the online water transfer information
clearinghouse created pursuant to Section 12415.

end delete begin delete

(b)

end delete

begin insert (a) end insert  “Department” means the Department of Water Resources.

begin delete

(c)

end delete

begin insert (b) end insert  “Metadata” means data that describes data.

begin delete

(d) “NGO” means a nongovernmental organization.

end delete begin insert

(c) “Platform” means the statewide integrated water data
platform described in Section 12415.

end insert begin delete

(e)

end delete

begin insert (d) end insert  “State board” means the State Water Resources Control
Board.

begin delete

(f) “Water information system” means the statewide water
information system created pursuant to Section 12410.

end delete

 

Chapter  2. begin delete Public Benefit Corporation Participation end delete

begin insert Statewide Water Data Integration end insert

 

Article 1.  General Provisions

 

begin delete

12405.  

(a) The department shall establish a public benefit
corporation to house, manage, and oversee the statewide water
information system created pursuant to Section 12410 and the
online water transfer information clearinghouse created pursuant
to Section 12415.

(b) The public benefit corporation may, notwithstanding any
other law and not subject to otherwise applicable provisions of the
Government Code and Public Contract Code, operate the water
information system and the clearinghouse on its own, through a
third party, or by engaging the services of private consultants,
educational institutions, and NGOs to render professional and
technical assistance with and advice for carrying out creation and
management activities.

(c) To the extent permitted by federal law, the public benefit
corporation may receive gifts, grants, or donations of moneys from
any agency of the federal government, any agency of the state, or
any municipality, county, or other political subdivision thereof, or
from any individual, association, foundation, or corporation for
achieving any of the purposes of this part. These moneys shall be
deposited in the Water Information System Administration Fund
created pursuant to Section 12425.

end delete

begin insert

begin insert 12405. end insert   

end insert begin insert

The department, the state board, and the Department
of Fish and Wildlife shall coordinate and integrate existing water
and ecological data from local, state, and federal agencies. The
purposes for integrating water and ecological data are to provide
adequate information to implement the Sustainable Groundwater
Management Act (Part 2.74 (commencing with Section 10720)),
improve the management of the state’s water resources, and bring
greater transparency to water transfers and the market.

end insert

begin insert

begin insert 12406. end insert   

(a) The department, the state board, and the
Department of Fish and Wildlife shall develop protocols for data
sharing, documentation, quality control, public access, and
promotion of open-source platforms and decision support tools
related to water data. The agencies shall develop and submit to
the Legislature, in compliance with Section 9795 of the Government
Code and before the establishment of a statewide integrated water
data platform pursuant to Section 12410, a report describing these
protocols. The report shall be developed in collaboration with
relevant federal agencies and interested stakeholders, including,
but not limited to, technology and open data experts and water
data users.

(b) Grant recipients for research or projects relating to the
improvement of water data that receive state funds shall adhere
to the protocols developed by state agencies pursuant to
subdivision (a) for data sharing, transparency, documentation,
and quality control.

(c) A researcher or grant recipient that does not comply with
subdivision (b) is not eligible for state funding until the researcher
or grant recipient complies with those requirements.

end insert

begin insert

 

Article begin insert 2. end insert   Statewide Integrated Water Data Platform Creation

 

begin insert 12410. end insert   

(a) The department shall create, operate, and maintain
a statewide integrated water data platform in accordance with
Section 12415 by January 1, 2018.

(b) The department may partner with an existing nonprofit
organization, or with a new nonprofit organization that the
department creates, organized under paragraph (3) of subsection
(c) of Section 501 of Title 26 of the United States Code, or may
partner with another state agency, to create, operate, and maintain
the platform.

(c) Notwithstanding subdivision (a), the department may enter
into an agreement with an existing nonprofit organization, or with
a new nonprofit organization that the department creates,
organized under paragraph (3) of subsection (c) of Section 501 of
Title 26 of the United States Code, for that nonprofit organization
to create, operate, and maintain the platform.

(d) A nonprofit organization that participates in creating,
operating, or maintaining the platform may receive public funds,
court-ordered mitigation funds, or other funds to assist in carrying
out the responsibilities for integrating and managing existing water
and ecological data as described in Section 12415.

end insert

 

Article begin delete 2. end delete begin insert 3. end insert   Statewide begin insert Integrated end insert Water begin delete Information System end delete

begin insert Data Platform Features end insert

 

begin delete

12410.  

(a) The public benefit corporation established pursuant
to Section 12405 shall establish a statewide water information
system to improve the ability of the state to meet the growing
demand for water supply reliability and healthy ecosystems. The
public benefit corporation shall create the water information system
in collaboration with state and federal agencies, water data users,
and water experts.

(b) The water information system

end delete

begin insert

begin insert 1241 end insert begin insert 5. end insert   

end insert

begin insert The statewide integrated water data platform created
pursuant to Section 12410 end insert shall, at a minimum, do all of the
following:

begin delete

(1)

end delete

begin insert (a) end insert  Integrate existing water begin insert and ecological end insert data information
from multiple autonomous databases managed by federal, state,
and local agencies and academia using consistent and standardized
formats.

begin delete

(2)

end delete

begin insert (b) end insert  Integrate, at a minimum, the following datasets:

begin delete

(A)

end delete

begin insert (1) end insert  The department’s information on State Water Project
reservoir operations, groundwater use, and groundwater levels
through California Statewide Groundwater Elevation Monitoring
(CASGEM), urban water use, and land use.

begin delete

(B)

end delete

begin insert (2) end insert  The state board’s data on water rights, water diversions, and
water quality through California Environmental Data Exchange
Network (CEDEN).

begin delete

(C)

end delete

begin insert (3) end insert  The Department of Fish and Wildlife’s information on fish
abundance and distribution.

begin delete

(D)

end delete

begin insert (4) end insert  The United States Geological Survey’s streamflow
conditions information through the National Water Information
System.

begin delete

(E)

end delete

begin insert (5) end insert  The United States Bureau of Reclamation’s federal Central
Valley Project operations information.

begin delete

(F)

end delete

begin insert (6) end insert  The United States Fish and Wildlife Service’s, United States
Forest Service’s, and National Oceanic and Atmospheric
Administration Fisheries’ fish abundance information.

begin insert

(c) Provide data on completed water transfers and exchanges,
including publicly available or voluntarily provided data on the
volume, price, and delivery method, identity of the buyers and
sellers, and the water right associated with the transfer or
exchange.

end insert begin delete

(3) Incorporate

end delete

begin insert (d) end insert begin insert   end insert begin insert Provide end insert clear and careful documentation of data quality and
data formats through metadata.

begin delete

(4)

end delete

begin insert (e) end insert  Adhere to data protocols developed by state agencies
pursuant to Section begin delete 12420. end delete begin insert 12406. end insert

begin delete

(5)

end delete

begin insert (f) end insert  Be able to receive both spatial and time series data from
various sources.

begin delete

(6)

end delete

begin insert (g) end insert  Enable custom dashboards, visualizations, graphing, and
analysis.

begin delete

 

Article 3.  Online Water Transfer Information Clearinghouse

 

12415.  

(a) The public benefit corporation established pursuant
to Section 12405 shall establish an online water transfer
information clearinghouse to report on water transactions that shall
include all of the following:

(1) A database with information on completed water transfers.

(2) A public forum to exchange information on water market
issues.

(3) Information to assist proponents with the water transfer
approval processes.

(b) The public benefit corporation shall not arrange, coordinate,
negotiate, or approve proposed water transfers through the online
water transfer information clearinghouse.

(c) The public benefit corporation shall not publish information
about proposed water transfers, except for information published
by the state board or other government agency, including, but not
limited to, information publicly available on a government agency
Internet Web site.

end delete

begin delete

 

Chapter  3. State Agency Responsibilities

 

12420.  

(a) The department, the state board, and the Department
of Fish and Wildlife shall develop an open, transparent process to
develop protocols for data sharing, documentation, quality control,
public access, and promotion of open source platforms and decision
support tools related to water data. The agencies shall develop and
submit to the Legislature, in compliance with Section 9795 of the
Government Code and before the establishment of a statewide
water information system pursuant to Section 12410, a report
describing these processes and protocols.

(b) Grant recipients for research or projects relating to the
improvement of water data that receive state funds shall adhere to
the protocols developed by state agencies pursuant to subdivision
(a) for data sharing, transparency, documentation, and quality
control.

(c) A researcher or grant recipient that does not comply with
subdivision (b) is not eligible for state funding until the researcher
or grant recipient complies with those requirements.

end delete

 

Chapter   begin delete 4. end delete begin insert 3. end insert Water begin delete Information System end delete begin insert Data end insert
Administration Fund

 

begin delete 12425. end delete

begin insert 12420. end insert   

The Water begin delete Information System end delete begin insert Data end insert Administration
Fund is hereby created. All moneys in the fund are available, upon
appropriation, to the begin delete department end delete begin insert department, the state board, or
the Department of Fish and Wildlife end insert for the improvement of water
begin delete data, including installing stream gauges and maintaining stream
gauge networks, and for the purposes of this part, including, but
not limited to, maintaining surface water and groundwater
monitoring networks, establishing and operating the public benefit
corporation created end delete begin insert data, for entering into an agreement with, or
establishing, a nonprofit organization end insert pursuant to Section begin delete 12405, end delete
begin insert 12410, or creating, operating, or end insert maintaining begin delete and updating end delete the
statewide begin insert integrated end insert water begin delete information system and online water
transfer information clearinghouse, end delete begin insert data platform described in
Section 12415, end insert including the cost to verify data, and modernizing
water information databases.

begin insert

begin insert 12421. end insert   

(a) (1) The department, the state board, or the
Department of Fish and Wildlife may enter into an agreement to
accept funds or services from any person, educational institution,
government entity, corporation or other business entity, or
organization for the maintenance, development, improvement, or
enhancement of a designated agencies’ data, decision support
tools, or information technology projects. Under the direction of
the respective agency, the funds or services received shall
supplement, but not replace, existing resources for the
maintenance, development, improvement, or enhancement of
designated agency data, decision support tools, or information
technology systems. The respective agency and the sponsoring or
donating person, entity, government, or organization shall specify
in the agreement the level of service that is to be performed.

(b) Funds received pursuant to this section shall be deposited
in the Water Data Administration Fund created pursuant to Section
12420.

end insert