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 thebegin delete departmentend deletebegin insert department, by January 1, 2018,end insert
tobegin delete establish a public benefit corporation that would create and manage (1)end deletebegin insert
create, operate, and maintainend insert a statewidebegin insert integratedend insert waterbegin delete information system to improve the ability of the state to meet the growing demand for water supply reliability and healthy
ecosystems,end deletebegin insert data platformend insert that, among things, would integrate existing waterbegin insert and ecologicalend insert data information from multiple databases andbegin delete (2) an online water transfer information clearinghouse to report on water transactions that would include a database with informationend deletebegin insert provide dataend insert on completed waterbegin delete transfers, a public forum to exchange information on water market issues, and information to assist proponents with the water transfer approval processes.end deletebegin 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 ofbegin delete open sourceend deletebegin insert open-sourceend 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 Waterbegin delete Information Systemend deletebegin insert
Dataend insert Administration Fund. The act would specify that moneys in the fund would be available, upon appropriation, to thebegin delete departmentend deletebegin insert
department, the state board, and the Department of Fish and Wildlifeend insert for the improvement of water data and forbegin delete theend deletebegin insert certain otherend 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:
Part 4.9 (commencing with Section 12400) is
2added to Division 6 of the Water Code, to read:
3
6
This part shall be known, and may be cited, as the Open
10and Transparent Water Data Act.
The Legislature finds and declares all of the following:
12(a) The recent drought reveals that California needsbegin delete a real-time, begin insert to integrate existing
13accessible statewide water information systemend delete
14water and ecological data into an authoritative openend insertbegin insert-access
15platformend insert to help water managers operate California’s water system
P3 1more effectively and help water users make informed decisions
2based on water availability and allocation.
3(b) California has a number of databases containing information
4on hydrology, biology, water quality, the physical environment,
5and water rights and use. The passage of the Sustainable
6Groundwater Management Act (Part 2.74 (commencing with
7Section 10720)) will result in more data on groundwater use
and
8availability. Unfortunately, current water data is often challenging
9to obtain, outdated, and not always readily available to water
10managers and the public due to its collection by numerous entities
11and storage in disparate databases that often rely on tools that do
12not keep pace with technological advances.
13(c) The need to account for California’s water is essential, yet
14water managers must make decisions about water resources while
15relying on outdated and incomplete information. A greater
16understanding of and ability to access existing water data will
17support more timely and science-based decisions related to water
18planning, water allocations, water transfers, and water use
19efficiency that will lead California to a more sustainable water
20future.
21(d) On October 2, 2015,
the Delta Stewardship Council released
22a white paper entitled “Enhancing the Vision for Managing
23California’s Environmental Information.” The white paper and the
24Environmental Data Summit were a collaborative effort of the
25Delta Stewardship Council and its Delta Science Program, the
26Department of Water Resources, the Sacramento-San Joaquin
27Delta Conservancy, the State Water Resources Control Board, the
28Department of Fish and Wildlife, the San Francisco Estuary
29Institute, the State and Federal Contractors Water Agency, and 34
30North. The white paper recommended four necessary actions to
31achieve the goal of streamlining the collaboration of huge amounts
32of environmental data between various state and federal agencies
33and identified the need for new policies for managing California’s
34large amounts of data: development of a system where data could
35be accessed from a centralized source, implementing new
methods
36for clear documentation of existing data, and developing business
37models that will better facilitate the management of data.
38(e) The California Water Plan Update 2013, Volume 1, Chapter
396, entitled “Integrated Data and Analysis: Informed and Transparent
40Decision-Making,” describes key actions needed to improve water
P4 1resources information and analysis for integrated water
2management and urges agencies that collect data to work together
3to prioritize and align water resources information that is collected
4by multiple agencies.
5(f) The California Water Action Plan recognizes the need to
6take bold action to transfer the state’s water management system
7to face the challenges of the 21st century. Climate change,
8population growth, and vulnerable ecosystems create greater
9uncertainty
in future water availability. To address these challenges
10California needs to do both of the following:
11(1) Invest in a 21st century water management system that can
12adapt to wide variations in rainfall.
13(2) Safeguard and restore California’s freshwater ecosystems
14so they can withstand variations in climate and competing demands
15for water.
16(g) Standards for transparent access to data have changed with
17the public demanding real-time information on demand. However,
18the demand for available data currently outstrips the ability to
19deliver information to water managers and the public.
20(h) Clear data standards and protocols help to promote
21compatibility among
datasets, allowing for sharing, aggregation,
22and analysis by multiple groups.
23(i) Metadata summarizes basic information about data, which
24can make finding and working with particular data easier. Clear
25documentation of metadata avoids misunderstandings, reduces
26disputes, and increases the effectiveness of management decisions.
27
(b) State and federal leadership, increased awareness by
28business, governmental, and nongovernmental organizations
29through open and transparent access to data, and improved
30technology and availability of open-source platforms create a
31unique opportunity that California should seize upon to integrate
32and increase access to
existing water data.
33
(c) California is working to increase access to water data
34collected by state agencies. The state board is piloting a project
35to make water quality datasets available online through an open
36data portal. The portal creates an opportunity to foster
37collaboration among state agencies, share and integrate existing
38datasets, improve state agency operations through data-driven
39decisionmaking, and improve transparency and accountability.
P5 1
(d) State agencies should promote openness and interoperability
2of water data. Making information accessible, discoverable, and
3usable by the public can foster entrepreneurship, innovation, and
4scientific discovery.
5(j)
end delete
6begin insert(end insertbegin inserte)end insert Water data and research that is gathered using state funds
7should be made publicly accessible. State delegation of data
8management to contractors should not result in the public losing
9access to its own information.
10(k)
end delete
11begin insert(f)end insert The availability ofbegin delete cheap andend delete
open-source toolsbegin delete could help begin insert
makes it easier to access and explore water and
12produce anend delete
13ecological data and could facilitate end insertbegin insertthe creation of anend insert online
14begin insert integratedend insert waterbegin delete transfer information clearinghouseend deletebegin insert end insertbegin insertdata platformend insert
15 without the need to create an expensive new centralized database.
16(l) An effective water market is one of several water
17management tools needed to improve the state’s water supply
18reliability.
Unless the context otherwise requires, the following
20definitions govern the construction of this part:
21(a) “Clearinghouse” means the online water transfer information
22clearinghouse created pursuant to Section 12415.
23(b)
end delete24begin insert(a)end insert “Department” means the Department of Water Resources.
25(c)
end delete26begin insert(b)end insert “Metadata” means data that describes data.
27(d) “NGO” means a nongovernmental organization.
end delete
28
(c) “Platform” means the statewide integrated water data
29platform described in Section 12415.
30(e)
end delete
31begin insert(d)end insert “State board” means the State Water Resources Control
32Board.
33(f) “Water information system” means the statewide water
34information system created pursuant to Section 12410.
3
(a) The department shall establish a public benefit
7corporation to house, manage, and oversee the statewide water
8information system created pursuant to Section 12410 and the
9online water transfer information clearinghouse created pursuant
10to Section 12415.
11(b) The public benefit corporation may, notwithstanding any
12other law and not subject to otherwise applicable provisions of the
13Government Code and Public Contract Code, operate the water
14information system and the clearinghouse on its own, through a
15third party, or by engaging the services of private consultants,
16educational institutions, and NGOs to render professional and
17technical assistance with and
advice for carrying out creation and
18management activities.
19(c) To the extent permitted by federal law, the public benefit
20corporation may receive gifts, grants, or donations of moneys from
21any agency of the federal government, any agency of the state, or
22any municipality, county, or other political subdivision thereof, or
23from any individual, association, foundation, or corporation for
24achieving any of the purposes of this part. These moneys shall be
25deposited in the Water Information System Administration Fund
26created pursuant to Section 12425.
The department, the state board, and the Department
28of Fish and Wildlife shall coordinate and integrate existing water
29and ecological data from local, state, and federal agencies. The
30purposes for integrating water and ecological data are to provide
31adequate information to implement the Sustainable Groundwater
32Management Act (Part 2.74 (commencing with Section 10720)),
33improve the management of the state’s water resources, and bring
34greater transparency to water transfers and the market.
(a) The department, the state board, and the
36Department of Fish and Wildlife shall develop protocols for data
37sharing, documentation, quality control, public access, and
38promotion of open-source platforms and decision support tools
39related to water data. The agencies shall develop and submit to
40the Legislature, in compliance with Section 9795 of the Government
P7 1Code and before the establishment of a statewide integrated water
2data platform pursuant to Section 12410, a report describing these
3protocols. The report shall be developed in collaboration with
4relevant federal agencies and interested stakeholders, including,
5but not limited to, technology and open data experts and water
6data users.
7
(b) Grant recipients for research or projects
relating to the
8improvement of water data that receive state funds shall adhere
9to the protocols developed by state agencies pursuant to
10subdivision (a) for data sharing, transparency, documentation,
11and quality control.
12
(c) A researcher or grant recipient that does not comply with
13subdivision (b) is not eligible for state funding until the researcher
14or grant recipient complies with those requirements.
15
(a) The department shall create, operate, and maintain
19a statewide integrated water data platform in accordance with
20Section 12415 by January 1, 2018.
21
(b) The department may partner with an existing nonprofit
22organization, or with a new nonprofit organization that the
23department creates, organized under paragraph (3) of subsection
24(c) of Section 501 of Title 26 of the United States Code, or may
25partner with another state agency, to create, operate, and maintain
26the platform.
27
(c) Notwithstanding subdivision (a), the department may enter
28into an agreement with an existing nonprofit organization, or with
29a new nonprofit organization that the department creates,
30organized
under paragraph (3) of subsection (c) of Section 501 of
31Title 26 of the United States Code, for that nonprofit organization
32to create, operate, and maintain the platform.
33
(d) A nonprofit organization that participates in creating,
34operating, or maintaining the platform may receive public funds,
35court-ordered mitigation funds, or other funds to assist in carrying
36out the responsibilities for integrating and managing existing water
37and ecological data as described in Section 12415.
(a) The public benefit corporation established pursuant
5to Section 12405 shall establish a statewide water information
6system to improve the ability of the state to meet the growing
7demand for water supply reliability and healthy ecosystems. The
8public benefit corporation shall create the water information system
9in collaboration with state and federal agencies, water data users,
10and water experts.
11(b) The water information system
begin insertThe statewide integrated water data platform created
13pursuant to Section 12410end insert shall, at a minimum, do all of the
14following:
15(1)
end delete
16begin insert(a)end insert Integrate
existing waterbegin insert
and ecologicalend insert data information
17from multiple autonomous databases managed by federal, state,
18and local agencies and academia using consistent and standardized
19formats.
20(2)
end delete21begin insert(b)end insert Integrate, at a minimum, the following datasets:
22(A)
end delete
23begin insert(1)end insert The department’s
information on State Water Project
24reservoir operations, groundwater use, and groundwater levels
25through California Statewide Groundwater Elevation Monitoring
26(CASGEM), urban water use, and land use.
27(B)
end delete
28begin insert(2)end insert The state board’s data on water rights, water diversions, and
29water quality through California Environmental Data Exchange
30Network (CEDEN).
31(C)
end delete
32begin insert(3)end insert The Department of Fish and Wildlife’s information on fish
33abundance and distribution.
34(D)
end delete
35begin insert(4)end insert The United States Geological Survey’s streamflow
36conditions information through the National Water Information
37System.
38(E)
end delete
39begin insert(5)end insert The United States Bureau of Reclamation’s federal
Central
40Valley Project operations information.
P9 1(F)
end delete
2begin insert(6)end insert The United States Fish and Wildlife Service’s, United States
3Forest Service’s, and National Oceanic and Atmospheric
4Administration Fisheries’ fish abundance information.
5
(c) Provide data on completed water transfers and exchanges,
6including publicly available or voluntarily provided data on the
7volume, price, and delivery method, identity of the buyers and
8sellers, and the water right associated with the transfer or
9exchange.
10(3) Incorporate
end delete
11begin insert(d)end insertbegin insert end insertbegin insertProvideend insert clear and careful documentation of data quality and
12data formats through metadata.
13(4)
end delete
14begin insert(e)end insert Adhere to data protocols developed by state agencies
15pursuant to Sectionbegin delete 12420.end deletebegin insert 12406.end insert
16(5)
end delete
17begin insert(f)end insert Be able to receive both spatial and time series data from
18various sources.
19(6)
end delete
20begin insert(g)end insert Enable custom dashboards, visualizations, graphing, and
21
analysis.
22
(a) The public benefit corporation established pursuant
26to Section 12405 shall establish an online water transfer
27information clearinghouse to report on water transactions that shall
28include all of the following:
29(1) A database with information on completed water transfers.
30(2) A public forum to exchange information on water market
31issues.
32(3) Information to assist proponents with the water transfer
33approval processes.
34(b) The public benefit corporation shall not arrange, coordinate,
35negotiate, or approve proposed water transfers through the online
36water transfer information clearinghouse.
37(c) The public benefit corporation shall not publish information
38about proposed water transfers, except for information published
39by the state board or other government agency, including, but not
P10 1limited to, information publicly available on a government agency
2Internet Web site.
3
(a) The department, the state board, and the Department
7of Fish and Wildlife shall develop an open, transparent process to
8develop protocols for data sharing, documentation, quality control,
9public access, and promotion of open source platforms and decision
10support tools related to water data. The
agencies shall develop and
11submit to the Legislature, in compliance with Section 9795 of the
12Government Code and before the establishment of a statewide
13water information system pursuant to Section 12410, a report
14describing these processes and
protocols.
15(b) Grant recipients for research or projects relating to the
16improvement of water data that receive state funds shall adhere to
17the protocols developed by state agencies pursuant to subdivision
18(a) for data sharing, transparency, documentation, and quality
19control.
20(c) A researcher or grant recipient that does not comply with
21subdivision (b) is not eligible for state funding until the
researcher
22or grant recipient complies with those requirements.
23
The Waterbegin delete Information Systemend deletebegin insert Dataend insert Administration
29Fund is hereby created. All moneys in the fund are available, upon
30appropriation, to thebegin delete departmentend deletebegin insert department, the state board, or
31the Department of Fish and Wildlifeend insert for the improvement of water
32begin delete data, including installing stream gauges and maintaining stream begin insert
data, for entering into an agreement with, or
33gauge networks, and for the purposes of this part, including, but
34not limited to, maintaining surface water and groundwater
35monitoring networks, establishing and operating the public benefit
36corporation createdend delete
37establishing, a nonprofit organizationend insert pursuant to Sectionbegin delete 12405,end delete
38begin insert 12410, or creating, operating, orend insert maintainingbegin delete and updatingend delete the
39statewidebegin insert integratedend insert waterbegin delete information system and online water begin insert data platform described in
40transfer information clearinghouse,end delete
P11 1Section 12415,end insert including the cost to verify data, and
modernizing
2water information databases.
(a) (1) The department, the state board, or the
4Department of Fish and Wildlife may enter into an agreement to
5accept funds or services from any person, educational institution,
6government entity, corporation or other business entity, or
7organization for the maintenance, development, improvement, or
8enhancement of a designated agencies’ data, decision support
9tools, or information technology projects. Under the direction of
10the respective agency, the funds or services received shall
11supplement, but not replace, existing resources for the
12maintenance, development, improvement, or enhancement of
13designated agency data, decision support tools, or information
14technology systems. The respective agency and the sponsoring or
15donating person, entity, government, or organization shall
specify
16in the agreement the level of service that is to be performed.
17
(b) Funds received pursuant to this section shall be deposited
18in the Water Data Administration Fund created pursuant to Section
1912420.
O
96