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.
AB 2357
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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