Amended in Senate August 1, 2016

Amended in Senate June 21, 2016

Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2909

Introduced by Assembly Member Levine

March 9, 2016

An act to add begin insert and repeal end insert Section 1733 begin delete to end delete begin insert of end insert the Water Code, relating to water.

LEGISLATIVE COUNSEL’S DIGEST

AB 2909, as amended, Levine. Water: transfer or exchange: expedited review.

Under existing law, the State Water Resources Control Board administers a water rights program pursuant to which the board grants permits and licenses to appropriate water. Existing law provides procedures for a permittee or licensee to temporarily change the point of diversion, place of use, or purpose of use due to a transfer or exchange of water or water rights, as specified. begin insert These temporary transfers are defined as transfers of one year or less. end insert

This bill would require the board to develop and implement an expedited 30-day review process for approval of petitions begin insert under those provisions end insert to temporarily change the point of diversion, place of use, or purpose of use due to a transfer or exchange of water or water rights if the transfer is for a reoccurring water transfer, as defined, or an environmentally beneficial transfer, as defined. The bill would require the Department of Water Resources to develop a 30-day review process begin delete for reoccurring water transfers between contractors for State Water Project water and end delete for reoccurring water transfers that utilize facilities of the State Water Project. The bill would repeal its provisions as of January 1, 2022.

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

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

SECTION 1.  

Section 1733 is added to the Water Code, to read:

1733.  

(a) For the purposes of this section:

(1) “Environmentally beneficial transfer” means a transfer that
does not negatively impact an ecosystem’s health or local drinking
water supply in the source area and includes begin delete any end delete begin insert either end insert of the
following:

(A) A transfer between water users that is designed to benefit
the environment.

(B) A transfer that protects habitat and sensitive wildlife or
enhances managed wetland supply, wildlife refuges, ecosystems,
and instream flow.

begin delete

(C) A transfer that benefits local drinking water supplies by
reducing local groundwater overdraft or improving water quality.

(D) A transfer that contributes to the implementation of the
Sustainable Groundwater Management Act (Part 2.74 (commencing
with Section 10720) of Division 6).

end delete

(2) “Reoccurring water transfer” means a transfer of one year
or less that is substantially similar in volume, time of year, and
hydrologic conditions to a transfer previously approved by the
department or the board in the past 48 months.

(b) The board shall develop and implement an expedited 30-day
review process for approval of petitions begin insert under this article end insert to
temporarily change the point of diversion, place of use, or purpose
of use due to a transfer or exchange of water or water rights if the
transfer is for a reoccurring water transfer or an environmentally
beneficial transfer.

(c) The department shall develop a 30-day review process begin delete for
reoccurring water transfers between contractors for State Water
Project water and end delete for reoccurring water transfers that utilize
facilities of the State Water Project.

(d) Transfers under this section shall not alter the priority for
use of conveyance facilities.

(e) This section applies in addition to any other law relating to
water transfers or exchanges.

(f) This section shall remain in effect only until January 1, 2022,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2022, deletes or extends that date.