Amended in Senate August 1, 2016

Amended in Assembly May 19, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2594


Introduced by Assembly Member Gordon

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(Coauthor: Senator Pavley)

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February 19, 2016


An act to add Section 10561.7 to the Water Code, relating to stormwater.

LEGISLATIVE COUNSEL’S DIGEST

AB 2594, as amended, Gordon. Stormwater resources: use of captured water.

Existing law, the Stormwater Resource Planning Act, authorizes one or more public agencies to develop a stormwater resource plan that meets specified standards to address the capture of stormwater, as defined, and dry weather runoff, as defined.

This bill would authorize a public entity that captures stormwater, in accordance with a stormwater resourcebegin delete plan and consistent with a municipal separate storm sewer system permit,end deletebegin insert plan,end insert before the water reaches a natural channel to use the capturedbegin delete water.end deletebegin insert water under certain circumstances.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 10561.7 is added to the Water Code, to
2read:

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10561.7.  

begin insert(a)end insertbegin insertend insert A public entity that captures stormwater, in
4accordance with a stormwater resourcebegin delete plan and consistent with
5a municipal separate storm sewer system permit,end delete
begin insert plan,end insert before the
6water reaches a natural begin delete channel, as that term is used in Section
71201,end delete
begin insert channelend insert shall be entitled to use the capturedbegin delete water.end deletebegin insert water to
8the extent that the water augments water supplies supporting
9existing water rights.end insert

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(b) Nothing in this section shall be construed to do any of the
11following:

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(1) Alter or impair any existing rights.

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(2) Change existing water rights.

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(3) Interfere with, amend, or supersede any existing water rights
15adjudication or other legally mandated water management plan.

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(4) Create a groundwater pumping right where a pumping right
17does not already exist.

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