BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2357


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          Date of Hearing:  April 12, 2016


                  ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE


                                 Marc Levine, Chair


          AB 2357  
          (Dahle) - As Amended April 5, 2016


          SUBJECT:  Water rights:  monitoring and reporting


          SUMMARY:  Restricts specific existing measurement and reporting  
          requirements on small agricultural water users to only those in  
          year round use.


          EXISTING LAW:  


          1)Requires a water right holder who diverts 10 acre-feet or more  
            per year to be capable of continuously measuring and reporting  
            with a month to month breakdown at a minimum annually.   
            Permits adoption of measurement and reporting requirements on  
            all water right holders. 


          2)Allows for a registration and certification water right for  
            small agricultural uses that are capped at 10 acre-feet or  
            less annually.  Allows registrations and certifications to be  
            conditioned by the State Water Resources Control Board (State  
            Water Board)


          FISCAL EFFECT:  Unknown.








                                                                    AB 2357


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          COMMENTS:  Restricts specific existing measurement and reporting  
          requirements on small agricultural water users to only those in  
          year round use.


          1)Author's statement: SB 88, which was enacted in 2015,  
            implemented new measuring, monitoring and reporting  
            requirements on any individual or entity diverting surface  
            water of more than 10 acre-feet.  Although the statute allows  
            the State Water Board the ability to provide exemptions based  
            on the cost of compliance, the regulations provide little  
            flexibility for diverters to comply. It's estimated that the  
            cost of the monitoring equipment could cost $20,000-$50,000,  
            which for these small diverters is very hard to afford.  AB  
            2357 will clarify that only stock ponds that are filled by a  
            year-round diversion to storage are subject to the  
            regulations, and exempts small livestock ponds that are filled  
            intermittently during rainy months.  


          2)Background:  Last year SB 88 (Budget) Chapter 27, Statutes of  
            2015, added measurement and reporting requirements for a  
            substantial number of diverters.  The additional requirements  
            are administered by the State Water Board.  In January of this  
            year the State Water Board adopted regulations applying  
            measurement requirements on all water right holders who divert  
            more than 10 acre-feet of water per year.  Reporting  
            requirements in the regulation apply to all water right  
            holders irrespective of size, including registrations and  
            certifications.  The reporting requirements for registrations  
            and certifications do not take effect until January 1, 2018.


            The State Water Board has anticipated that the new  
            requirements could present challenges and is holding meetings  
            and workshops around the state to receive input on key issues  
            in the emergency regulation.  








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            This bill creates a narrow exemption from reporting  
            requirements in the State Water Board regulations by exempting  
            short lived small agricultural use storage ponds. 


          3)Prior and Related Legislation: SB 88 (Budget) Chapter 27,  
            Statutes of 2015, added measurement and reporting requirements  
            for a substantial number of diverters.


          4)Supporting Arguments: Active surface water diversions to small  
            stock ponds typically occur during California's rainy season.   
            Ponds fill with runoff from precipitation and dry up near the  
            end of the summer grazing season.  In order to fully comply  
            with monitoring, measuring, and reporting requirements a  
            rancher must be physically present to monitor a diversion.  
            Many stock ponds for summer pasture fill during the rainy  
            season but the rancher is not present to monitor the  
            diversion.  Exempting small livestock stock ponds that are  
            filled intermittently only during rainy months will provide  
            necessary regulatory relief to small family farmers and  
            ranchers and not impede on the Legislature's desire to collect  
            more accurate and timely information.


          5)Opposition Arguments: This bill will impair implementation of  
            SB 88.  Oftentimes, management decisions have been dealing  
            with small margins of error, and all information is necessary  
            so the State Water Board can do its job.  Water diversion  
            information is needed now.  


          REGISTERED SUPPORT / OPPOSITION:












                                                                    AB 2357


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          Support


          California Cattlemen's Association


          California Farm Bureau Federation


          California Waterfowl Association




          Opposition


          Sierra Club California




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