AB 2470, as amended, Gonzalez. Municipal water districts: water service: Indian tribes.
Existing law, the Municipal Water District Law of 1911, provides for the formation of municipal water districts and grants to those districts specified powers. Existing law permits a district to acquire, control, distribute, store, spread, sink, treat, purify, recycle, recapture, and salvage any water for the beneficial use of the district, its inhabitants, or the owners of rights to water in the district. Existing law authorizes a district to sell water under its control, without preference, to cities, other public corporations and agencies, and persons, within the district for use within the district. Existing law authorizes a district to sell or otherwise dispose of water above that required by consumers within the district to any persons, public corporations or agencies, or other consumers.
This bill, upon the request of an Indian tribe,
wouldbegin delete authorizeend deletebegin insert requireend insert a district to providebegin delete permanent or temporaryend delete service of waterbegin delete to Indian lands, as prescribed. This bill would exempt the provision of water pursuant to these provisions from the California Environmental Quality Act.end deletebegin insert at the same terms available to the current customers of the district to an Indian tribe’s lands that are not within a district, as prescribed, if the Indian tribe’s lands meet certain requirements. By imposing new duties on a municipal water district, this bill would create a state-mandated local program.end insert
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
Section 71611.5 is added to the Water Code, to
2read:
begin delete(a)end deletebegin delete end deleteNotwithstanding any other law, upon the request
4of an Indian tribe, a districtbegin delete mayend deletebegin insert shallend insert providebegin delete permanent or service of water at the same terms available to the
5temporaryend delete
6current customers of the district to an Indian tribe’s lands that are
7not within abegin delete municipal water district but are contiguous with at begin insert
district as if
8least two municipal water districts and lie within the special study
9area of at least one municipal water district, if at least 75 percent
10of the Indian tribe’s total Indian lands are currently within the
11boundaries of one or more municipal water districts.end delete
12the lands had been fully annexed within the district and any other
13special districts required for the provision of water service if the
14Indian tribe’s lands meet all of the following requirements: end insert
15
(a) The lands were owned by the tribe on January 1, 2016.
16
(b) The lands are contiguous with at least two districts.
17
(c) The lands lie within the special study area of at least one
18district.
19
(d) At least 75 percent of the Indian tribe’s total Indian lands
20are currently within the boundaries of one or more districts.
P3 1(b) Division 13 (commencing with Section 21000) of the Public
2Resources Code does not apply to the provision of water service
3pursuant to this section.
No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6a local agency or school district has the authority to levy service
7charges, fees, or assessments sufficient to pay for the program or
8level of service mandated by this act, within the meaning of Section
917556 of the Government Code.
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