Amended in Senate May 6, 2015

Amended in Senate April 22, 2015

Senate Bill No. 798

Introduced by Committee on Natural Resources and Water (Senators Pavley (Chair), Allen, Fuller, Hertzberg, Hueso, Jackson, Monning, Stone, and Wolk)

March 18, 2015

An act to amend Section 338 of the Code of Civil Procedure, to amend Sections 205.1, 714, 1050.8, 1053.5, 1055.1, 1056, 1059, 1764, 3050, 7149.2, 7149.3, 7150, 7860, 12002.2.1, 12153, and 13005 of, and to repeal Sections 1053, 1055, 1055.4, 1055.5, 1060, 1070, 3682, 3700, 6596, 7149, 7149.4, 7180 begin insert , end insert 7181, 7182, 7183, 7184, and 7186 of, the Fish and Game Code, to amend Section 113 of the Government Code, to amend Sections 741, 8301, and 30315 of, and to repeal Section 30310.5 of, the Public Resources Code, and to amend Sections 1026, 1055, 1228.1, 1228.2, 1228.3, 1228.6, 1229, 1229.1, 1243, 1260, 1427, 1430, 1437, 1440, 1701.2, 1703, 1726, 1727, begin delete 1736, and 2863 end delete begin insert and 1736 end insert of, and to repeal Sections begin delete 1126.2 end delete begin insert 1126.2, end insert begin insert 2862, 2863, end insert and 2866 of, the Water Code, relating to natural resources.

LEGISLATIVE COUNSEL’S DIGEST

SB 798, as amended, Committee on Natural Resources and Water. Natural resources.

(1) Existing law authorizes the Fish and Game Commission to establish, by regulation, an automatic process to conform its sport fishing regulations to federal regulations.

This bill would clarify that specified laws relating to administrative regulations and rulemaking do not apply to the conforming action implemented pursuant to the automatic process described above.

An existing regulation defines the Automated License Data System as an automated system that replaces the Department of Fish and Wildlife’s paper license inventory system. Existing law generally prohibits a person from obtaining from the department more than one license, permit, reservation, or other entitlement of the same class, or more than the number of tags authorized by law, as provided, except under certain conditions. Existing law authorizes a person, as provided, to submit an application to the department, to be a license agent to issue licenses, permits, reservations, tags, and other entitlements. Existing law requires these authorized license agents to remit to the department the specified fees for these licenses, permits, reservations, tags, and other entitlements, as provided. Existing law authorizes the department to accept from any authorized license agent an affidavit for settlement of its account in lieu of licenses, permits, reservations, tags, and other entitlements that have been lost or destroyed if the license agent meets specified criteria. Existing law provides that the above provisions and various other provisions apply only to those licenses, permits, reservations, tags, or other entitlements that are not issued through the Automated License Data System.

This bill would delete those provisions and would make conforming changes.

(2) Existing law provides that the sovereignty and jurisdiction of the state extends to all places within its boundaries, as established by the Constitution. Existing law provides that the extent of the jurisdiction over places that have been or may be ceded to, purchased, or condemned by the United States is qualified by the terms of the cession or the laws under which the purchase or condemnation is made. Existing law provides that the state has accepted the retrocession of jurisdiction over certain lands, including the Presidio in the City and County of San Francisco.

Existing law provides that the Legislature consents to the retrocession of jurisdiction by the United States over land within the state, subject to certain conditions, including that the State Lands Commission holds a hearing to determine whether acceptance of the retrocession is in the best interest of the state.

This bill would provide that the Legislature, acting through the State Lands Commission, consents to the retrocession of jurisdiction by the United States over land within the state subject to additional conditions, including that a notice of the proposed retrocession has been given to the clerk for the board of supervisors of the county in which the federal lands are located, as provided, and that the United States has agreed to bear all costs and expenses incurred by the State Lands Commission in making the retrocession. The bill would also require the acceptance of the retrocession to be made at a publicly noticed meeting of the commission.

Existing law requires, among other things, the commission to make rules and regulations governing the conditions and procedures of the hearings on retrocession.

This bill would delete these requirements.

Existing law authorizes the Governor to convey certain state lands to the United States for the site of a lighthouse, beacon, or other aid to navigation. Existing law provides that after the conveyance, the United States has jurisdiction over the tract, subject to the right of the state to have concurrent jurisdiction, as provided.

This bill would delete that provision.

(3) Existing law requires the State Board of Forestry and Fire Protection to appoint a Range Management Advisory Committee and requires 2 members on the board to be from the general public, as provided, and for one member to be nominated by the Watershed Fire Council of Southern California.

This bill would instead require 3 members to be from the general public, as provided, and would delete the nomination from the Watershed Fire Council of Southern California.

(4) Existing law requires the California Coastal Commission to meet at least once a month at a place convenient to the public.

This bill would require the commission to instead meet at least 10 times annually.

Existing law provides that no law precludes or prevents the appointment, as a public member, to the commission of any person who is not a locally elected official.

This bill would delete that provision.

(5) Existing law declares that the diversion or use of water other than as authorized by specified provisions of law is a trespass. Existing law authorizes the executive director of the State Water Resources Control Board to issue a complaint to a person who violates certain use and diversion of water provisions and subjects the violator to administrative civil liability. Existing law requires that the complaint be served by personal notice or certified mail and inform the party served that the party may request a hearing not later than 20 days from the date the party was served.

This bill would specify that the board is authorized to adopt an order setting administrative civil liability based on the allegations set forth in the complaint without a begin delete hearing, unless end delete begin insert hearing if the party does not sign end insert a written request for a hearing begin delete signed by, or on behalf of, the party served with the complaint end delete begin insert that end insert is delivered begin delete to end delete begin insert to, end insert or received by mail by begin insert , end insert the board within 20 days after begin delete receipt of the complaint end delete begin insert the date end insert begin insert the party was served end insert .

(6) Existing law allows a person to apply for, and the board to issue, a temporary permit for diversion and use of water, subject to certain restrictions. Existing law allows a permittee or licensee who has an urgent need to change a point of diversion, place of use, or purpose of use to petition for, and the board to issue, a temporary change order, subject to certain restrictions. begin insert Existing law provides that the authorization for a temporary permit or a temporary change order automatically expires 180 days after the date of issuance. end insert

This bill would begin delete authorize a temporary permit or a temporary change order to set end delete begin insert provide that the authorization for a temporary permit or a temporary change order automatically expires 180 days after the authorization takes effect. This bill would provide that the 180 end insert begin insert -day period does not include any time required for end insert monitoring, reporting, or mitigation begin delete requirements that apply end delete before or after the authorization to divert or use water under the temporary permit or temporary change order.

(7) Existing law requires the board, prior to adopting other general conditions for small irrigation use, and no later than June 30, 2012, to adopt general conditions for small irrigation use for facilities used for frost protection in a prescribed area, unless the board determines that sufficient funds are not available for that purpose.

This bill would eliminate this provision.

begin delete

(8) Existing law provides that moneys in the Water Resources Control Board Revolving Fund may be drawn from the State Treasury upon the approval of the Department of Finance without the submission of receipts, vouchers, or itemized statements, and used by the board in paying costs of making water rights determinations.

end delete begin delete

This bill would provide that moneys in the fund may be drawn from the State Treasury, upon appropriation by the Legislature, and used by the board in paying costs of making water rights determinations.

end delete begin delete

Existing

end delete begin insert

(8) Under existing law, all fees, expenses, and penalties collected by the board under certain provisions relating to water rights determinations are deposited in the Water Rights Fund. The moneys in the Water Rights Fund are available, upon appropriation by the Legislature, for, among other things, the administration of the board’s water rights program.

end insert

begin insert Existing law also establishes the Water Resources Control Board Revolving Fund for similar purposes relating to rights determinations. end insert begin insert Existing end insert law requires the Department of Finance to review the status of the fund to determine whether there are excess amounts of money not needed to carry out these provisions and, if there are excess amounts of money, to notify the Controller to transfer the excess money to the General Fund.

This bill would repeal begin delete these end delete begin insert the end insert provisions begin insert relating to the Water Resources Control Board Revolving Fund end insert .

(9) This bill would make various nonsubstantive changes, including repealing obsolete provisions.

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 338 of the Code of Civil Procedure is
amended to read:

338.  

Within three years:

(a) An action upon a liability created by statute, other than a
penalty or forfeiture.

(b) An action for trespass upon or injury to real property.

(c) (1) An action for taking, detaining, or injuring goods or
chattels, including actions for the specific recovery of personal
property.

(2) The cause of action in the case of theft, as described in
Section 484 of the Penal Code, of an article of historical,
interpretive, scientific, or artistic significance is not deemed to
have accrued until the discovery of the whereabouts of the article
by the aggrieved party, his or her agent, or the law enforcement
agency that originally investigated the theft.

(3) (A) Notwithstanding paragraphs (1) and (2), an action for
the specific recovery of a work of fine art brought against a
museum, gallery, auctioneer, or dealer, in the case of an unlawful
taking or theft, as described in Section 484 of the Penal Code, of
a work of fine art, including a taking or theft by means of fraud or
duress, shall be commenced within six years of the actual discovery
by the claimant or his or her agent, of both of the following:

(i) The identity and the whereabouts of the work of fine art. In
the case where there is a possibility of misidentification of the
object of fine art in question, the identity can be satisfied by the
identification of facts sufficient to determine that the work of fine
art is likely to be the work of fine art that was unlawfully taken or
stolen.

(ii) Information or facts that are sufficient to indicate that the
claimant has a claim for a possessory interest in the work of fine
art that was unlawfully taken or stolen.

(B)  This paragraph shall apply to all pending and future actions
commenced on or before December 31, 2017, including an action
dismissed based on the expiration of statutes of limitation in effect
prior to the date of enactment of this statute if the judgment in that
action is not yet final or if the time for filing an appeal from a
decision on that action has not expired, provided that the action
concerns a work of fine art that was taken within 100 years prior
to the date of enactment of this statute.

(C) For purposes of this paragraph:

(i) “Actual discovery,” notwithstanding Section 19 of the Civil
Code, does not include constructive knowledge imputed by law.

(ii) “Auctioneer” means an individual who is engaged in, or
who by advertising or otherwise holds himself or herself out as
being available to engage in, the calling for, the recognition of,
and the acceptance of, offers for the purchase of goods at an auction
as defined in subdivision (b) of Section 1812.601 of the Civil Code.

(iii) “Dealer” means a person who holds a valid seller’s permit
and who is actively and principally engaged in, or conducting the
business of, selling works of fine art.

(iv) “Duress” means a threat of force, violence, danger, or
retribution against an owner of the work of fine art in question, or
his or her family member, sufficient to coerce a reasonable person
of ordinary susceptibilities to perform an act that otherwise would
not have been performed or to acquiesce to an act to which he or
she would otherwise not have acquiesced.

(v) “Fine art” has the same meaning as defined in paragraph (1)
of subdivision (d) of Section 982 of the Civil Code.

(vi) “Museum or gallery” shall include any public or private
organization or foundation operating as a museum or gallery.

(4) Section 361 shall not apply to an action brought pursuant to
paragraph (3).

(5) A party in an action to which paragraph (3) applies may
raise all equitable and legal affirmative defenses and doctrines,
including, without limitation, laches and unclean hands.

(d) An action for relief on the ground of fraud or mistake. The
cause of action in that case is not deemed to have accrued until
the discovery, by the aggrieved party, of the facts constituting the
fraud or mistake.

(e) An action upon a bond of a public official except any cause
of action based on fraud or embezzlement is not deemed to have
accrued until the discovery, by the aggrieved party or his or her
agent, of the facts constituting the cause of action upon the bond.

(f) (1) An action against a notary public on his or her bond or
in his or her official capacity except that a cause of action based
on malfeasance or misfeasance is not deemed to have accrued until
discovery, by the aggrieved party or his or her agent, of the facts
constituting the cause of action.

(2) Notwithstanding paragraph (1), an action based on
malfeasance or misfeasance shall be commenced within one year
from discovery, by the aggrieved party or his or her agent, of the
facts constituting the cause of action or within three years from
the performance of the notarial act giving rise to the action,
whichever is later.

(3) Notwithstanding paragraph (1), an action against a notary
public on his or her bond or in his or her official capacity shall be
commenced within six years.

(g) An action for slander of title to real property.

(h) An action commenced under Section 17536 of the Business
and Professions Code. The cause of action in that case shall not
be deemed to have accrued until the discovery by the aggrieved
party, the Attorney General, the district attorney, the county
counsel, the city prosecutor, or the city attorney of the facts
constituting grounds for commencing the action.

(i) An action commenced under the Porter-Cologne Water
Quality Control Act (Division 7 (commencing with Section 13000)
of the Water Code). The cause of action in that case shall not be
deemed to have accrued until the discovery by the State Water
Resources Control Board or a regional water quality control board
of the facts constituting grounds for commencing actions under
their jurisdiction.

(j) An action to recover for physical damage to private property
under Section 19 of Article I of the California Constitution.

(k) An action commenced under Division 26 (commencing with
Section 39000) of the Health and Safety Code. These causes of
action shall not be deemed to have accrued until the discovery by
the State Air Resources Board or by a district, as defined in Section
39025 of the Health and Safety Code, of the facts constituting
grounds for commencing the action under its jurisdiction.

(l) An action commenced under Section 1602, 1615, or 5650.1
of the Fish and Game Code. These causes of action shall not be
deemed to have accrued until discovery by the agency bringing
the action of the facts constituting the grounds for commencing
the action.

(m) An action challenging the validity of the levy upon a parcel
of a special tax levied by a local agency on a per parcel basis.

(n) An action commencing under Section 51.7 of the Civil Code.

SEC. 2.  

Section 205.1 of the Fish and Game Code is amended
to read:

205.1.  

(a) The commission may establish by regulation an
automatic process to conform its sport fishing regulations to federal
regulations.

(b) Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code shall not apply to
conforming actions implemented pursuant to the automatic process
specified in subdivision (a).

(c) The department shall provide public notice of a conforming
action implemented pursuant to this section.

SEC. 3.  

Section 714 of the Fish and Game Code is amended
to read:

714.  

(a) In addition to Section 3031, 3031.2, 7149.05, or
7149.2 and notwithstanding Section 3037, the department shall
issue lifetime sportsman’s licenses pursuant to this section. A
lifetime sportsman’s license authorizes the taking of birds,
mammals, fish, reptiles, or amphibia anywhere in this state in
accordance with law for purposes other than profit for the life of
the person to whom issued unless revoked for a violation of this
code or regulations adopted pursuant to this code. A lifetime
sportsman’s license is not transferable. A lifetime sportsman’s
license does not include any special tags, stamps, or other
entitlements.

(b) A lifetime sportsman’s license may be issued to residents,
as follows:

(1) To a person 62 years of age or over upon payment of a base
fee of seven hundred thirty dollars ($730).

(2) To a person 40 years of age or over and less than 62 years
of age upon payment of a base fee of one thousand eighty dollars
($1,080).

(3) To a person 10 years of age or over and less than 40 years
of age upon payment of a base fee of one thousand two hundred
dollars ($1,200).

(4) To a person less than 10 years of age upon payment of a
base fee of seven hundred thirty dollars ($730).

(c) This section does not require a person less than 16 years of
age to obtain a license to take fish, reptiles, or amphibia for
purposes other than profit or to obtain a license to take birds or
mammals, except as required by law.

(d) This section does not exempt an applicant for a license from
meeting other qualifications or requirements otherwise established
by law for the privilege of sport hunting or sport fishing.

(e) Upon payment of a base fee of four hundred forty-five dollars
($445), a person holding a lifetime hunting license or lifetime
sportsman’s license shall be issued annually one deer tag
application pursuant to subdivision (a) of Section 4332 and five
wild pig tags issued pursuant to Section 4654. Lifetime privileges
issued pursuant to this subdivision are not transferable.

(f) Upon payment of a base fee of two hundred ten dollars
($210), a person holding a lifetime hunting license or lifetime
sportsman’s license shall be entitled annually to the privileges
afforded to a person holding a state duck stamp or validation issued
pursuant to Section 3700.1 and an upland game bird stamp or
validation issued pursuant to Section 3682.1. Lifetime privileges
issued pursuant to this subdivision are not transferable.

(g) The base fees specified in this section are applicable
commencing January 1, 2004, and shall be adjusted annually
thereafter pursuant to Section 713.

(h) The commission shall adjust the amount of the fees specified
in subdivision (g), as necessary, to fully recover, but not exceed,
all reasonable administrative implementation costs of the
department and the commission relating to those licenses.

SEC. 4.  

Section 1050.8 of the Fish and Game Code is amended
to read:

1050.8.  

(a) The department may issue collectible,
commemorative licenses to any person for purposes of promoting
and supporting licensed hunting, fishing, and resource conservation,
subject to all of the following:

(1) A commemorative license may be designed and produced
as the department may determine and shall be clearly marked and
identified as a commemorative license, rendering it invalid for the
take of any mammal, bird, fish, reptile, or amphibian.

(2) A commemorative license shall not confer any rights,
privileges, or other entitlements to any person purchasing or in
possession of such a license.

(3) Subdivision (a) of Section 1052, Section 1053.1, Article 2
(commencing with Section 3031) of Chapter 1 of Part 1 of Division
4, and Article 3 (commencing with Section 7145) of Chapter 1 of
Part 2 of Division 6 do not apply to the purchase of a
commemorative license. A commemorative license shall not qualify
as evidence required in subdivision (a) of Section 3050.

(b) All funds derived from the sale of commemorative licenses
shall be deposited in the Fish and Game Preservation Fund.

SEC. 5.  

Section 1053 of the Fish and Game Code is repealed.

SEC. 6.  

Section 1053.5 of the Fish and Game Code is amended
to read:

1053.5.  

Applicants for hunting licenses pursuant to subdivision
(a) of Section 1053.1 shall first satisfactorily complete a hunter
education equivalency examination and obtain a certificate of
equivalency as provided by regulations adopted by the commission,
or show proof of completion of a hunter education training course,
or show a previous year’s hunting license.

SEC. 7.  

Section 1055 of the Fish and Game Code is repealed.

SEC. 8.  

Section 1055.1 of the Fish and Game Code is amended
to read:

1055.1.  

(a) Any person, except a commissioner, officer, or
employee of the department, may submit an application to the
department to be a license agent to issue licenses, permits,
reservations, tags, or other entitlements.

(b) A person shall only be authorized to be a license agent to
issue licenses, permits, reservations, tags, and other entitlements,
upon the written approval of the department.

(c) The department may provide licenses, permits, reservations,
tags, or other entitlements to authorized license agents and shall
collect, prior to delivery, an amount equal to the fees for all
licenses, permits, reservations, tags and other entitlements
provided. Any license agent who pays the fees prior to delivery
for licenses, permits, reservations, tags, or other entitlements is
exempt from Sections 1056, 1057, and 1059. Any licenses, permits,
reservations, tags, or other entitlements provided pursuant to this
subdivision that remain unissued at the end of the license year may
be returned to the department for refund or credit, or a combination
thereof, within six months of the item expiration date. No credit
may be allowed after six months following the last day of the
license year.

(d) Authorized license agents shall add a handling charge to the
fees prescribed in this code or in regulations adopted pursuant to
this code for any license, permit, reservation, tag, and other
entitlement issued by the license agent in an amount that is 5
percent of the face value of the item rounded to the nearest five
cents ($0.05).

(e) The handling charge added pursuant to subdivision (d) shall
be incorporated into the total amount collected for issuing the
license, permit, reservation, tag, and other entitlement, but the
handling charge shall not be included when determining license
fees in accordance with Section 713. A license agent may issue
any license, permit, reservation, tag, or other entitlement for any
amount up to 10 percent less than the fee prescribed in this code
or in regulations adopted pursuant to this code. The license agent
shall remit to the department the full amount of the fees as
prescribed in this code or in regulations adopted pursuant to this
code for all licenses, permits, reservations, tags, and other
entitlements issued.

(f) The handling charge required by subdivision (d) is the license
agent’s only compensation for services. The license agent shall
not be entitled to any other additional fee or charge for issuing any
license, permit, reservation, tag, or other entitlement authorized
pursuant to this section.

(g) The department may designate a nonprofit organization,
organized pursuant to the laws of this state, or the California
chapter of a nonprofit organization, organized pursuant to the laws
of another state, as a license agent for the sale of lifetime licenses
issued pursuant to Sections 714, 3031.2, and 7149.2. These licenses
may be sold by auction or by other methods and are not subject to
the fee limitations prescribed in this code. An agent authorized to
issue lifetime sport fishing licenses, lifetime hunting licenses, and
lifetime sportsman’s licenses under this subdivision is exempt
from subdivisions (d) and (f). The license agent shall remit to the
department the fees from the sale of lifetime licenses as defined
in Sections 714, 3031.2, and 7149.2.

(h) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.

SEC. 9.  

Section 1055.4 of the Fish and Game Code is repealed.

SEC. 10.  

Section 1055.5 of the Fish and Game Code is
repealed.

SEC. 11.  

Section 1056 of the Fish and Game Code is amended
to read:

1056.  

A license agent who fails to transmit the fees or
accounting reports required by Section 1055.6 not later than 60
days following the due date as specified by the department may
be required to execute, in favor of the department, a bond, payable
to the department, in a sum determined by the department in order
to continue as a license agent. The bond shall secure the accurate
accounting and payment to the department of the funds collected
and the performance of the duties imposed upon the license agent
by this article.

SEC. 12.  

Section 1059 of the Fish and Game Code is amended
to read:

1059.  

(a) The failure or refusal of any license agent to account
for licenses, permits, reservations, tags, and other entitlements, or
any fees received from their issuance as required by Section 1055.6
or upon demand by an authorized representative of the department
is a misdemeanor.

(b) In addition to subdivision (a), any license agent who fails
to remit fees to the department on or before the date required by
Section 1055.6 shall pay interest and penalties prescribed for sales
and use taxes and, except as otherwise provided in this code, the
department shall collect amounts owing under the procedures
prescribed for sales and use taxes provided in Chapter 5
(commencing with Section 6451) and Chapter 6 (commencing
with Section 6701) of Part 1 of Division 2 of the Revenue and
Taxation Code, insofar as they may be applicable, and for those
purposes, “board” means the department.

SEC. 13.  

Section 1060 of the Fish and Game Code is repealed.

SEC. 14.  

Section 1070 of the Fish and Game Code is repealed.

SEC. 15.  

Section 1764 of the Fish and Game Code is amended
to read:

1764.  

(a) The director shall designate those particular areas
of land managed by the department at which possession of a valid
annual wildlife pass or day use pass shall be required. No
designation shall be effective until a management plan for the area
has been presented at a public meeting and the plan has been
approved by the director.

(b) No person shall enter the designated area unless that person
possesses an annual wildlife area pass or a day use pass issued
pursuant to Section 1765, a valid hunting license issued pursuant
to Section 3031, a valid trapping license issued pursuant to Section
4006, or a valid sportfishing license issued pursuant to Section
7149.05, 7150, or 7151, or that person is a member of a tour by
an organized youth or school group that has been issued a day use
pass.

(c) Notwithstanding subdivision (b), possession of a license or
pass shall not be required of any person who:

(1) Is passing through the area on a public right-of-way.

(2) Possesses authorization by the commission or the department
to conduct scientific or educational research.

(3) Is discharging duties in the course of employment, as
specified by the department.

(4) Possesses written authorization from the department to enter
the area for a specific purpose.

SEC. 16.  

Section 3050 of the Fish and Game Code is amended
to read:

3050.  

(a) No hunting license may be issued to any person
unless he or she presents to the person authorized to issue that
license any of the following:

(1) Evidence that he or she has held a hunting license issued by
this state in a prior year.

(2) Evidence that he or she holds a current hunting license, or
a hunting license issued in either of the two previous hunting years
by another state or province.

(3) A certificate of completion of a course in hunter education,
principles of conservation, and sportsmanship, as provided in this
article. A hunter education instruction validation stamp shall be
permanently affixed to certificates of completion that have been
issued before January 1, 2008.

(4) A certificate of successful completion of a hunter education
course in another state or province.

(5) Evidence of completion of a course in hunter education,
principles of conservation, and sportsmanship, which the
commission may, by regulation, require.

(b) The evidence required in subdivision (a) shall be forwarded
to the department.

(c) Subdivision (a) does not apply to any person purchasing a
hunting license under paragraph (5) of subdivision (a) of Section
3031. However, that license shall not qualify as evidence required
in subdivision (a) of this section.

SEC. 17.  

Section 3682 of the Fish and Game Code is repealed.

SEC. 18.  

Section 3700 of the Fish and Game Code is repealed.

SEC. 19.  

Section 6596 of the Fish and Game Code is repealed.

SEC. 20.  

Section 7149 of the Fish and Game Code is repealed.

SEC. 21.  

Section 7149.2 of the Fish and Game Code is
amended to read:

7149.2.  

(a) In addition to Sections 714 and 7149.05, the
department shall issue a lifetime sport fishing license under this
section. A lifetime sport fishing license authorizes the taking of
fish, amphibians, or reptiles anywhere in this state in accordance
with the law for purposes other than profit for the life of the person
to whom issued unless revoked for a violation of this code or
regulations adopted under this code. A lifetime sport fishing license
is not transferable. A lifetime sport fishing license does not include
any special tags, stamps, or fees.

(b) A lifetime sport fishing license may be issued to residents
of this state, as follows:

(1) To a person 62 years of age or over, upon payment of a base
fee of three hundred sixty-five dollars ($365).

(2) To a person 40 years of age or over and less than 62 years
of age, upon payment of a base fee of five hundred forty dollars
($540).

(3) To a person 10 years of age or over and less than 40 years
of age upon payment of a base fee of six hundred dollars ($600).

(4) To a person less than 10 years of age upon payment of a
base fee of three hundred sixty-five dollars ($365).

(c) Nothing in this section requires a person less than 16 years
of age to obtain a license to take fish, amphibians, or reptiles for
purposes other than profit.

(d) Nothing in this section exempts a license applicant from
meeting other qualifications or requirements otherwise established
by law for the privilege of sport fishing.

(e) Upon payment of a base fee of two hundred forty-five dollars
($245), a person holding a lifetime sport fishing license or lifetime
sportsman’s license shall be entitled annually to the privileges
afforded to a person holding a second-rod stamp or validation
issued pursuant to Section 7149.45, a sport fishing ocean
enhancement stamp or validation issued pursuant to subdivision
(a) of Section 6596.1, one steelhead trout report restoration card
issued pursuant to Section 7380, and one salmon punchcard issued
pursuant to regulations adopted by the commission. Lifetime
privileges issued pursuant to this subdivision are not transferable.

(f) The base fees specified in this section are applicable
commencing January 1, 2004, and shall be adjusted annually
thereafter pursuant to Section 713.

SEC. 22.  

Section 7149.3 of the Fish and Game Code is
amended to read:

7149.3.  

Notwithstanding Section 7149.05, a sport fishing
license is not required for a resident to take a rattlesnake (genus
Crotalus or Sistrurus).

SEC. 23.  

Section 7149.4 of the Fish and Game Code is
repealed.

SEC. 24.  

Section 7150 of the Fish and Game Code is amended
to read:

7150.  

(a) Upon application to the department’s headquarters
office in Sacramento and payment of a base fee of four dollars
($4), as adjusted pursuant to Section 713, the following persons,
who have not been convicted of any violation of this code, shall
be issued a reduced fee sport fishing license that is valid for one
year as specified in paragraphs (1) and (2) of subdivision (a) of
Section 7149.05 and that authorizes the licensee to take any fish,
reptile, or amphibians anywhere in this state as otherwise
authorized pursuant to this code and regulations adopted pursuant
thereto for purposes other than profit:

(1) A disabled veteran having a 50 percent or greater
service-connected disability upon presentation of proof of an
honorable discharge from military service and proof of the
disability. Proof of the disability shall be by certification from the
United States Veterans Administration or by presentation of a
license issued pursuant to this paragraph in the preceding license
year.

(2) A member of the military who is a “recovering service
member” pursuant to Section 1602(7) of the federal National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181). A person shall be eligible for a reduced fee sport fishing
license pursuant to this paragraph upon the submission of a letter,
online or in hardcopy, to the department from that person’s
commanding officer or from a military medical doctor stating that
the person is a recovering service member.

(3) A person over 65 years of age who is a resident of this state
and whose total monthly income from all sources, including any
old age assistance payments, does not exceed the amount in effect
on September 1 of each year contained in subdivision (c) of Section
12200 of the Welfare and Institutions Code for single persons or
subdivision (d) of Section 12200 of the Welfare and Institutions
Code combined income for married persons, as adjusted pursuant
to that section. The amount in effect on September 1 of each year
shall be the amount used to determine eligibility for a reduced fee
license during the following calendar year.

(b) A person applying for a reduced fee sport fishing license
shall submit adequate documentation for the department to
determine whether the applicant is, in fact, eligible for a reduced
fee sport fishing license. The documentation shall be in the form
of a letter or other document, as specified by the department, from
a public agency, except as provided in paragraphs (1) and (2) of
subdivision (a). The department shall not issue a reduced fee sport
fishing license to any person unless it is satisfied that the applicant
has provided adequate documentation of eligibility for that license.

(c) The adjustment of the base fee pursuant to Section 713
specified in subdivision (a) shall be applicable to the fishing license
years beginning on or after January 1, 1996.

SEC. 25.  

Section 7180 of the Fish and Game Code is repealed.

SEC. 26.  

Section 7181 of the Fish and Game Code is repealed.

SEC. 27.  

Section 7182 of the Fish and Game Code is repealed.

SEC. 28.  

Section 7183 of the Fish and Game Code is repealed.

SEC. 29.  

Section 7184 of the Fish and Game Code is repealed.

SEC. 30.  

Section 7186 of the Fish and Game Code is repealed.

SEC. 31.  

Section 7860 of the Fish and Game Code is amended
to read:

7860.  

(a) Except as provided in subdivision (f) or (g), no
person who is 18 years of age or more and less than 70 years of
age, on or before April 1 of the current license year, shall take
salmon for commercial purposes or be on board a vessel on which
salmon are taken for commercial purposes while salmon are being
taken or transported unless that person has a commercial fishing
salmon stamp issued pursuant to this section affixed to his or her
commercial fishing license.

(b) Except as provided in subdivision (f) or (g), the operator of
a vessel on which salmon are taken for commercial purposes shall
not permit a person on board that vessel while salmon are being
taken or transported unless that person was less than 18 years of
age or 70 years of age or more on April 1 of the current license
year or that person has a commercial fishing salmon stamp affixed
to the person’s commercial fishing license.

(c) Except as provided in this subdivision, the department shall
issue a commercial fishing salmon stamp upon application therefor
and payment of the fee of eighty-five dollars ($85). For any
commercial salmon season preceded by a commercial salmon
season in which the commercial troll salmon landings in this state
equal or exceed 3,000,000 pounds dressed weight, as determined
by the department, the fee shall be increased by twelve dollars and
fifty cents ($12.50) for every 250,000 pounds over 3,000,000
pounds of dressed weight landings, except that the total fees as
adjusted shall not exceed two hundred sixty dollars ($260).

(d) A commercial fishing salmon stamp is valid during the
commercial salmon season of the year in which it was issued.

(e) Upon application and payment of an additional fee equal to
that prescribed in subdivision (c), the department may issue an
additional commercial fishing salmon stamp for a crewmember to
the owner or operator of a vessel who holds a commercial fishing
salmon stamp.

(f) Notwithstanding subdivision (a), one crewmember of a vessel
for which a commercial fishing salmon stamp is issued pursuant
to subdivision (e) may be aboard that vessel and take salmon for
commercial purposes as a crewmember on that vessel without
obtaining a commercial fishing salmon stamp under the following
conditions:

(1) The crewmember is designated by name and commercial
fishing license number on a form furnished by the department
before salmon are taken on the vessel when that crewmember is
aboard.

(2) The crewmember has a valid commercial fishing license
issued under Section 7850.

(3) The commercial fishing salmon stamp for the crewmember
is affixed to the form prescribed in paragraph (1) on which the
vessel registration number of the vessel is entered and on which
the crewmember who is exempted by this subdivision is designated
by the last entered name and commercial fishing license number.

(g) Persons who are exempt from the license requirements, or
who are not required to be licensed, pursuant to Section 7850, are
exempt from the requirements of this section.

SEC. 32.  

Section 12002.2.1 of the Fish and Game Code is
amended to read:

12002.2.1.  

(a) Notwithstanding any other provision of law, a
violation of any of the following is an infraction, punishable by a
fine of not less than fifty dollars ($50), or more than two hundred
fifty dollars ($250), for a first offense:

(1) Subdivision (a) of Section 6596.1.

(2) Subdivision (a) of Section 7149.45.

(3) Subdivision (b) of Section 7180.1.

(4) Section 1.18 of Title 14 of the California Code of
Regulations.

(b) If a person is convicted of a violation of any of the sections
listed in subdivision (a) within five years of a separate offense
resulting in a conviction of a violation of any of those sections,
that person shall be punished by a fine of not less than one hundred
dollars ($100) or more than five hundred dollars ($500).

(c) If a person convicted of a violation of any of the sections
listed in subdivision (a) produces in court the applicable sport
fishing ocean enhancement stamp, sport fishing ocean enhancement
validation, second rod sport fishing stamp, second rod sport fishing
validation, Colorado River special use stamp, Colorado River
special use validation, Bay-Delta Sport Fishing Enhancement
Stamp or Bay-Delta Sport Fishing Enhancement validation issued
pursuant to this code and valid at the time of the person’s arrest,
and if the taking was otherwise lawful with respect to season, limit,
time, and area, the court may reduce the fine imposed for the
violation to twenty-five dollars ($25).

SEC. 33.  

Section 12153 of the Fish and Game Code is amended
to read:

12153.  

A commercial fishing license is forfeited for the
violation of Sections 1050.1 to 1060, inclusive, or Section 2012,
or of any of the provisions of this code relating to the use of nets.

SEC. 34.  

Section 13005 of the Fish and Game Code is amended
to read:

13005.  

(a) Notwithstanding Section 13001, the fees collected
from lifetime sportsman’s licenses and privileges issued pursuant
to Section 714, lifetime hunting licenses and privileges issued
pursuant to Section 3031.2, and lifetime sport fishing licenses and
privileges issued pursuant to Section 7149.2 shall be deposited as
follows:

(1) Twenty dollars ($20) from the initial issuance of each
lifetime license shall be deposited in the Fish and Game
Preservation Fund for use in accordance with Section 711.

(2) The balance of the fees collected shall be deposited in the
Lifetime License Trust Account which is hereby created in the
Fish and Game Preservation Fund. Except as provided in this
section, that principal amount of the money in the account from
the fee for a lifetime license shall not be used, except for
investment.

(b) The money in the Lifetime License Trust Account may be
transferred and invested through the Surplus Money Investment
Fund and all interest shall accrue to the account pursuant to
subdivision (g) of Section 16475 of the Government Code.

(c) Upon issuance of a lifetime license or lifetime privilege
issued pursuant to Section 714, 3031.2, or 7149.2, the department
shall transfer the following amounts from the Lifetime License
Trust Account to the Fish and Game Preservation Fund:

(1) Twenty-nine dollars and twenty-five cents ($29.25) for an
annual resident hunting license or an annual resident sport fishing
license.

(2) Seven dollars and twenty-five cents ($7.25) for a junior
hunting license.

(3) Nine dollars and twenty-five cents ($9.25) for one second-rod
stamp or validation issued pursuant to Section 7149.45.

(4) Two dollars and fifty cents ($2.50) for one sport fishing
ocean enhancement stamp or validation issued pursuant to
subdivision (a) of Section 6596.1.

(5) Three dollars and seventy-five cents ($3.75) for one steelhead
trout catch report-restoration card issued pursuant to Section 7380.

(6) One dollar ($1) for one salmon punchcard issued pursuant
to regulations adopted by the commission.

(7) Nineteen dollars and twenty-five cents ($19.25) for a deer
tag application issued pursuant to subdivision (a) of Section 4332.

(8) Eight dollars and seventy-five cents ($8.75) for five wild
pig tags issued pursuant to Section 4654.

(9) Ten dollars ($10) for one state duck stamp or validation
issued pursuant to Section 3700.1.

(10) Six dollars and twenty-five cents ($6.25) for one upland
game bird stamp or validation issued pursuant to Section 3682.1.

SEC. 35.  

Section 113 of the Government Code is amended to
read:

113.  

The Legislature, acting through the State Lands
Commission, hereby consents to the retrocession of jurisdiction
by the United States over land within this state upon and subject
to each and all of the following express conditions:

(a) The United States must in writing have requested state
acceptance of the retrocession, and unless there is an officer of the
United States empowered by a United States statute to retrocede
jurisdiction, the request shall be by the act of Congress. The
retrocession may return all jurisdiction to the state or may provide
for concurrent jurisdiction.

(b) The proposed retrocession is in the best interest of the state.

(c) A notice of the proposed retrocession has been given to the
clerk for the board of supervisors of each county in which the
federal lands are located at least 15 days before the proposed
retrocession is considered by the State Lands Commission.

(d) The United States has agreed to bear all costs and expenses
incurred by the State Lands Commission in making the
retrocession.

(e) The acceptance of the retrocession shall be made at a publicly
noticed meeting of the State Lands Commission. The determination
of the State Lands Commission shall be final and the retrocession
of jurisdiction accepted shall become effective when certified
copies of its orders or resolutions have been recorded in the office
of the county recorder of each county in which any part of the land
is situated. The State Lands Commission shall keep copies of its
orders or resolutions and make them available to the public upon
request.

SEC. 36.  

Section 741 of the Public Resources Code is amended
to read:

741.  

(a) The board shall appoint a Range Management
Advisory Committee and shall consult with the advisory committee
on rangeland resource issues under consideration by the board.

(b) The advisory committee shall consist of 11 members, who
shall be selected as follows:

(1) Three members of the general public, who have an interest
and background in the conservation of range resources or special
knowledge in the protection of range and brushland soils and
watersheds.

(2) One member nominated by the California Association of
Resource Conservation Districts.

(3) Seven members nominated by organizations representing
owners of range and brushlands.

(c) Members of the advisory committee shall serve without
compensation.

(d) The Secretary of the Natural Resources Agency, the
Secretary for Environmental Protection, and the Secretary of Food
and Agriculture shall notify the advisory committee of, and are
encouraged to consult with the advisory committee on, rangeland
resource issues that are under consideration by the Natural
Resources Agency, the California Environmental Protection
Agency, and the Department of Food and Agriculture, respectively.

SEC. 37.  

Section 8301 of the Public Resources Code is
amended to read:

8301.  

The Governor, on application therefor by a duly
authorized agent, may convey to the United States a tract of land
that does not exceed 10 acres, belonging to the state and covered
by navigable waters, for the site of a lighthouse, beacon, or other
aid to navigation.

begin delete

SEC. 38.  

Section 30310.5 of the Public Resources Code is
repealed.

end delete

begin insert

begin insert SEC. 38. end insert   

end insert

begin insert Section 30310.5 of the end insert begin insert Public Resources Code end insert begin insert is
repealed. end insert

begin delete

30310.5.  

No provision of this division or any other law,
including any doctrine of common law, shall preclude or prevent
the appointment, as a public member, to the commission of any
person who is not a locally elected official.

end delete

SEC. 39.  

Section 30315 of the Public Resources Code is
amended to read:

30315.  

(a) The commission shall meet at least 10 times
annually at a place convenient to the public. All meetings of the
commission shall be open to the public.

(b) A majority of the total appointed membership of the
commission shall constitute a quorum. An action taken by the
commission under this division requires a majority vote of the
members present at the meeting of the commission, with a quorum
being present, unless otherwise specifically provided for in this
division.

SEC. 40.  

Section 1026 of the Water Code is amended to read:

1026.  

The lead agency shall not approve a water lease until 30
days after the board provides written public notice, including notice
by personal delivery or registered mail to legal users of water
which may be affected by the lease, as identified by the board, the
Department of Fish and Wildlife, and any party requesting special
notice of water leases pursuant to this chapter. The water lessor
shall pay a reasonable fee, in an amount determined by the state
board, for the cost of providing the notice.

SEC. 41.  

Section 1055 of the Water Code is amended to read:

1055.  

(a) The executive director of the board may issue a
complaint to any person or entity on which administrative civil
liability may be imposed pursuant to Section 1052, Article 4
(commencing with Section 1845) of Chapter 12 of Part 2 of
Division 2, or Section 5107. The complaint shall allege the act or
failure to act that constitutes a trespass or violation, the provision
of law authorizing civil liability to be imposed, and the proposed
civil liability.

(b) The complaint shall be served by personal notice or certified
begin delete mail, and end delete begin insert mail. The complaint end insert shall inform the party served that
the party may request a hearing not later than 20 days from the
date the party was begin delete served. end delete begin insert served and that the board may adopt an
order setting administrative civil liability based on the allegations
set forth in the complaint without a hearing if the party does not
sign a written request for a hearing that is delivered to, or received
by mail by, the board within 20 days after the date the party was
served. end insert The hearing shall be before the board or a member of the
board, in accordance with Section 183. begin delete The board may adopt an
order setting administrative civil liability based on the allegations
set forth in the complaint without a hearing, unless a written request
for a hearing signed by, or on behalf of, the party served with the
complaint is delivered to or received by mail by the board within
20 days after the date the party was served. end delete

(c) The board, after any necessary hearing, may adopt an order
setting administrative civil liability, or determining that a liability
shall not be imposed.

(d) Orders setting administrative civil liability shall become
effective and final upon issuance thereof and payment shall be
made.

SEC. 42.  

Section 1126.2 of the Water Code is repealed.

SEC. 43.  

Section 1228.1 of the Water Code is amended to read:

1228.1.  

(a) The Legislature finds and declares that it is in the
public interest to provide a timely, efficient, and economic
procedure for the acquisition of rights to appropriate water for a
small domestic use, including incidental stock watering and
irrigation uses, a small irrigation use, and for a livestock stockpond
subject to prior rights.

(b) As used in this article:

(1) “Small domestic use” means a domestic use, as that use is
defined by board rule, or a use for aesthetic, fire protection,
recreational, or fish and wildlife purposes that is associated with
a dwelling or other facility for human occupation, that does not
exceed direct diversion of 4,500 gallons per day or diversion to
storage of 10 acre-feet per year.

(2) “Small irrigation use” means either of the following:

(A) An irrigation use, heat control use, or frost protection use,
not to exceed diversion to storage of 20 acre-feet per year,
including impoundment for incidental aesthetic, fire protection,
recreational, or fish and wildlife purposes.

(B) An irrigation use not to exceed direct diversion of 42,000
gallons per day, up to a maximum of 20 acre-feet per year.

(3) “Livestock stockpond” means a water impoundment structure
constructed for livestock watering use not to exceed direct
diversion of 4,500 gallons per day, or diversion to storage of 10
acre-feet per year, as that use is defined by the board, and including
impoundment for incidental aesthetic, fire protection, recreational,
or fish and wildlife purposes.

SEC. 44.  

Section 1228.2 of the Water Code is amended to read:

1228.2.  

(a) (1) Subject to subdivision (b), a person may obtain
a right to appropriate water for a small domestic, small irrigation,
or livestock stockpond use upon first registering the use with the
board and thereafter applying the water to reasonable and beneficial
use with due diligence.

(2) With regard to an appropriation for small domestic use, a
registration shall not be filed for a facility served by or used
pursuant to a permit or license for domestic or municipal use, and
not more than one small domestic use registration shall be in effect
at any time for any facility. A small domestic use registration and
a livestock stockpond use registration may be in effect for the same
facility if the total combined water use covered by the registrations
does not exceed 10 acre-feet per year.

(3) With regard to an appropriation for small irrigation use,
more than one registration may be in effect at any time for a
registrant if the diversion or storage facilities subject to registration
for a registrant do not exceed the ratio of one per 20 irrigated acres,
and if the total water use on all acreage covered by the registrations,
including any water use based on other rights, does not exceed
100 acre-feet per year.

(4) A small domestic use registration and a small irrigation use
registration, or a livestock stockpond use registration and a small
irrigation use registration, may be in effect for the same facility
only if the total combined water use covered by the registrations
does not exceed 20 acre-feet per year.

(5) With regard to an appropriation for livestock stockpond use,
more than one registration may be in effect at any time for a
registrant if stockponds subject to registration for that registrant
do not exceed the ratio of one per 50 acres.

(b) Initiation of rights to appropriate water pursuant to this article
shall be subject to Article 1.3 (commencing with Section 1205),
relating to fully appropriated stream systems. The board shall not
accept a registration of water use which proposes as a source of
water supply a stream system which has been unconditionally
declared by the board to be fully appropriated pursuant to Section
1205, except that subdivision (b) of Section 1206, relating to
conditional declarations of fully appropriated stream systems, shall
apply to registration of water use pursuant to this article, and the
board shall accept those registrations where consistent with the
conditions specified in the declaration.

(c) The board shall annually prepare and post on its Internet
Web site information summarizing the location, nature, and amount
of water appropriated pursuant to this article. The information shall
include a description of the availability of unappropriated water
in those stream systems which may become fully appropriated
within the next reporting period.

(d) If a registration is filed with a source of supply on a stream
system that the most recent report submitted under subdivision (c)
identifies as a stream system that may become fully appropriated
within the next reporting period, the registration shall not take
effect unless the board finds that unappropriated water is available
for the appropriation proposed by the registration. If the board
finds that unappropriated water is not available to supply the
proposed appropriation, the board shall, following notice and
hearing, determine whether that stream system should be declared
fully appropriated pursuant to Article 1.3 (commencing with
Section 1205).

SEC. 45.  

Section 1228.3 of the Water Code is amended to read:

1228.3.  

(a) Registration of water use pursuant to this article
shall be made upon a form prescribed by the board. The registration
form shall set forth all of the following:

(1) The name and post office address of the registrant.

(2) The source of water supply.

(3) The nature and amount of the proposed use.

(4) The proposed place of diversion.

(5) The place where it is intended to use the water.

(6) The time for completion of construction of diversion works
and for complete application of the water to the proposed use.

(7) A certification that the registrant has contacted a
representative of the Department of Fish and Wildlife designated
by that department for that purpose, has provided information to
that department that is set forth in the registration form, and has
agreed to comply with all lawful conditions, including, but not
limited to, conditions upon the construction and operation of
diversion works, required by the Department of Fish and Wildlife.
The certification shall include a copy of any conditions required
by the Department of Fish and Wildlife pursuant to this paragraph.

(8) Any other information that may reasonably be required by
the board.

(b) Registration of water use shall be deemed completed on the
date that the form, executed in substantial compliance with the
requirements of this section, and the registration fee specified in
Section 1525 are received by the board.

(c) The board shall issue monthly a list of registrations filed
under this article during the preceding calendar month. This list
shall contain the information required by paragraphs (1) to (6),
inclusive, of subdivision (a). The list shall set forth a date prior to
which an interested person may file a written protest in opposition
to the approval of a stockpond registration. That date shall be not
later than 30 days from the date on which the list is issued. The
board shall mail the monthly list of registrations filed to a person
who requests the list.

(d) Prior to the date set forth on the list required under
subdivision (c), an interested person may file with the board a
written protest in opposition to the approval of a stockpond
registration. The protest shall clearly set forth the protestant’s
objections to the registered use based on interference with prior
rights. The protest shall be served on the registrant by the protestant
by mailing a duplicate copy of the protest to the registrant, or
through service undertaken in another manner determined to be
adequate by the board. The procedures set forth in Article 1.5
(commencing with Section 1345) of Chapter 5 shall be used for
reviewing a protested registration.

SEC. 46.  

Section 1228.6 of the Water Code is amended to read:

1228.6.  

(a) The board shall establish, and may from time to
time revise, reasonable general conditions to which all
appropriations made pursuant to this article shall be subject. The
conditions shall include, but shall not be limited to, the following:

(1) The appropriation is subject to prior rights.

(2) All conditions lawfully required by the Department of Fish
and Wildlife are conditions upon the appropriations.

(3) Diversion works shall be constructed and water applied to
beneficial use with due diligence.

(4) Registration shall be renewed and water use reported
pursuant to law and to the rules of the board.

(b) Immediately upon registration pursuant to Section 1228.3,
renewal of registration pursuant to Section 1228.5, or amended
registration pursuant to Section 1228.7, the board shall provide
the registrant with a written document setting forth the conditions
required by this section, and the perfection and exercise of rights
acquired pursuant to this article shall at all times be subject to those
conditions.

(c) The conditions required by this section shall be deemed
“terms and conditions” within the meaning of Section 1825 and
the expression of legislative intent contained in that section shall
be applicable thereto. The authority of the board to enforce the
terms and conditions of permits and licenses to appropriate water,
and to prevent the unlawful diversion of water, including, but not
limited to, provisions regarding cease and desist orders and the
revocation of permits and licenses, shall be applicable to
appropriations initiated or perfected pursuant to this article.

SEC. 47.  

Section 1229 of the Water Code is amended to read:

1229.  

(a) The board is not required to adopt general conditions
for small irrigation use pursuant to subdivision (a) of Section
1228.6 until the board determines that funds are available for that
purpose.

(b) A registration for small irrigation use pursuant to this article
is not authorized until the board establishes general conditions for
small irrigation use pursuant to subdivision (a) of Section 1228.6
to protect instream beneficial uses.

(c) The board may establish general conditions for some
methods of diversion or categories of small irrigation use before
establishing general conditions for other methods or categories,
in which case a registration for small irrigation use is authorized
only for those methods or categories for which the board has
established the general conditions for the protection of instream
beneficial uses.

SEC. 48.  

Section 1229.1 of the Water Code is amended to read:

1229.1.  

(a) This article does not apply to those stream segments
for which the Director of Fish and Wildlife establishes proposed
streamflow requirements pursuant to Section 10002 of the Public
Resources Code, notwithstanding the July 1, 1989, deadline for
preparation of the requirements.

(b) Notwithstanding subdivision (a), this article applies to a
registration filed before the Director of Fish and Wildlife
establishes proposed streamflow requirements for the source of
water supply for the registration. The conditions for renewal under
subdivision (c) of Section 1228.5 may include any conditions the
Department of Fish and Wildlife determines to be necessary to
protect stream-related fish and wildlife resources on a source of
water supply for which the Director of Fish and Wildlife has
established proposed streamflow requirements pursuant to Section
10002 of the Public Resources Code.

SEC. 49.  

Section 1243 of the Water Code is amended to read:

1243.  

(a) The use of water for recreation and preservation and
enhancement of fish and wildlife resources is a beneficial use of
water. In determining the amount of water available for
appropriation for other beneficial uses, the board shall take into
account, when it is in the public interest, the amounts of water
required for recreation and the preservation and enhancement of
fish and wildlife resources.

(b) The board shall notify the Department of Fish and Wildlife
of an application for a permit to appropriate water. The Department
of Fish and Wildlife shall recommend the amounts of water, if
any, required for the preservation and enhancement of fish and
wildlife resources and shall report its findings to the board.

(c) This section does not affect riparian rights.

SEC. 50.  

Section 1260 of the Water Code is amended to read:

1260.  

An application for a permit to appropriate water shall
set forth all of the following:

(a) The name and post office address of the applicant.

(b) The source of water supply.

(c) The nature and amount of the proposed use.

(d) The location and description of the proposed headworks,
ditch canal, and other works.

(e) The proposed place of diversion.

(f) The place where it is intended to use the water.

(g) The time within which it is proposed to begin construction.

(h) The time required for completion of the construction.

(i) The time for the complete application of the water to the
proposed use.

(j) All data and information reasonably available to applicant
or that can be obtained from the Department of Fish and Wildlife
concerning the extent, if any, to which fish and wildlife would be
affected by the appropriation, and a statement of any measures
proposed to be taken for the protection of fish and wildlife in
connection with the appropriation.

(k) Sufficient information to demonstrate a reasonable likelihood
that unappropriated water is available for the proposed
appropriation.

SEC. 51.  

Section 1427 of the Water Code is amended to read:

1427.  

Before making the findings required by Section 1425,
the board shall do all of the following:

(a) Review available records, files, and decisions that relate to
the availability of water from the source at the proposed point of
diversion to serve the proposed temporary diversion and use, and
that relate to the rights of downstream users.

(b) Consult with representatives of the Department of Fish and
Wildlife.

(c) Make a field investigation, if necessary or desirable in the
opinion of the board.

SEC. 52.  

Section 1430 of the Water Code is amended to read:

1430.  

A temporary permit issued under this chapter shall not
result in creation of a vested right, even of a temporary nature, but
shall be subject at all times to modification or revocation in the
discretion of the board. The authorization to divert and use water
under a temporary permit shall automatically expire 180 days after
the begin delete date of its issuance, end delete begin insert authorization takes effect, end insert unless an earlier
date is specified or the temporary permit is revoked. The begin delete temporary
permit may set end delete begin insert 180 end insert begin insert -day period does not include any time required
for end insert monitoring, reporting, or mitigation begin delete requirements that apply end delete
before or after the authorization to divert or use water under the
temporary permit.

SEC. 53.  

Section 1437 of the Water Code is amended to read:

1437.  

Before making the findings required by Section 1435,
the board shall review available records, files, and decisions that
relate to the rights of other legal users of water, consult with
representatives of the Department of Fish and Wildlife, and make
a field investigation if the investigation is necessary or desirable
in the opinion of the board.

SEC. 54.  

Section 1440 of the Water Code is amended to read:

1440.  

A temporary change order issued under this chapter shall
not result in creation of a vested right, even of a temporary nature,
but shall be subject at all times to modification or revocation in
the discretion of the board. The authorization to divert and use
water under a temporary change order shall automatically expire
180 days after the begin delete date of its issuance end delete begin insert authorization takes effect, end insert
unless an earlier date is specified or the temporary change order
is revoked. The begin delete temporary change order may set end delete begin insert 180 end insert begin insert -day period
does not include any time required for end insert monitoring, reporting, or
mitigation begin delete requirements that apply end delete before or after the authorization
to divert or use water under the temporary change order.

SEC. 55.  

Section 1701.2 of the Water Code is amended to read:

1701.2.  

A petition for change in a permit or license shall meet
all of the following requirements:

(a) State the name and address of the petitioner.

(b) Be signed by the petitioner, or the petitioner’s agent or
attorney.

(c) Include all information reasonably available to the petitioner,
or that can be obtained from the Department of Fish and Wildlife,
concerning the extent, if any, to which fish and wildlife would be
affected by the change, and a statement of any measures proposed
to be taken for the protection of fish and wildlife in connection
with the change.

(d) Include sufficient information to demonstrate a reasonable
likelihood that the proposed change will not injure any other legal
user of water.

(e) Contain other appropriate information and be in the form
required by applicable regulations.

SEC. 56.  

Section 1703 of the Water Code is amended to read:

1703.  

After filing a petition for permission to make a change,
the petitioner, in case the board so requires, shall cause notice
thereof to be given or published in the manner prescribed by the
board. In all cases the petitioner shall notify the Department of
Fish and Wildlife in writing of the proposed change.

SEC. 57.  

Section 1726 of the Water Code is amended to read:

1726.  

(a) (1) A permittee or licensee who proposes a
temporary change shall submit to the board a petition to change
the terms of the permit or license as required to accomplish the
proposed temporary change. The petition for a temporary change
shall be filed by the permittee or licensee. If the proposed
temporary change is for the benefit of a contractor or user supplied
directly or indirectly by the permittee or licensee, the permittee or
licensee may authorize the contractor or user to participate as a
copetitioner. The permittee or licensee shall identify any
copetitioner in the petition.

(2) A contractor or user described in paragraph (1), whether or
not designated as a copetitioner, and the person to whom the water
is proposed to be transferred, shall be named as parties to the
proceeding, with the same rights to receive notices, respond to
board determinations, and petition for writ of mandate as the
petitioner.

(b) A petition shall include both of the following:

(1) Reference to the permit or license that serves as the basis
for the water transfer.

(2) A written description of the changes in water storage, timing,
and point of diversion, place and purpose of use, timing and point
of return flow, and water quality of instream flows that are likely
to occur as a result of the proposed temporary change.

(c) A petitioner shall provide a copy of the petition to the
Department of Fish and Wildlife, the board of supervisors of the
county or counties in which the petitioner currently stores or uses
the water subject to the petition, and the board of supervisors of
the county or counties to which the water is proposed to be
transferred.

(d) Within 10 days of the date of submission of a petition to the
board, the petitioner shall publish in not less than one newspaper
of general circulation, in the county or counties in which the
petitioner currently stores or uses the water subject to the petition,
a notice of the petition and a brief description of the terms of the
proposed temporary change. The board shall, in a timely manner,
provide to the petitioner a list of water right holders of record on
file with the board who may be affected by the transfer, and the
petitioner shall provide written notice to those water right holders
not later than 10 days after the date on which the petition is
submitted. The board shall post the notice of petition on its Internet
web site not later than 10 days after the date on which the petition
is submitted. The notice of the petition shall specify the date on
which comments are due. The board may impose on the petitioner
any other notice requirement it determines to be necessary.

(e) Within 10 days of the date of receipt of a petition, the board
shall commence an investigation of the proposed temporary change.
Pursuant to that investigation, the board shall determine if the
water proposed to be transferred would have been consumptively
used or stored pursuant to the petitioner’s permit or license in the
absence of the proposed transfer or conserved pursuant to Section
1011. The board also shall evaluate the changes in water storage,
timing and point of diversion, place and purpose of use, timing
and point of return flow, water quality, and instream flows, and
other changes that are likely to occur as a result of the proposed
temporary change.

(f) Water users that may be affected by a proposed temporary
change and any other interested party may file a written comment
regarding a petition with the board. Comments shall be filed not
later than 30 days after the date that the notice was published
pursuant to subdivision (d). The board shall evaluate and take into
consideration all comments that are filed in a timely manner.

(g) (1) Except as specified in paragraphs (2) and (3), the board
shall render a decision on the petition not later than 35 days after
the date that investigation commenced or the date that the notice
was published, whichever is later. The board’s decision shall be
in accordance with the substantive standards set forth in Section
1727. The board shall explain its decision in writing and shall send
copies of the decision to the petitioner, the Department of Fish and
Wildlife, the board of supervisors of the county or counties
described in subdivision (c), the proposed transferee, and any party
who has filed a written comment in accordance with subdivision
(f).

(2) If comments are filed in accordance with subdivision (f), or
for any other good cause, the board may extend the date of its
decision for up to 20 days.

(3) If the board or the petitioner determines that an additional
extension of time for a decision is necessary for the board to make
the findings required by Section 1727, or that a hearing is necessary
for the board to make those findings, the board may extend the
time for a decision with the consent of the petitioner. If the
petitioner agrees to a hearing, the board shall identify the issues
for which additional evidence is required and shall fix a time and
place for the hearing. The board shall provide notice of the time,
place, and subject matter of the hearing to the petitioner, the
Department of Fish and Wildlife, the board of supervisors of the
county or counties described in subdivision (c), the water right
holders of record identified pursuant to subdivision (d), the
proposed transferee, and any party who has filed a written comment
in accordance with subdivision (f).

SEC. 58.  

Section 1727 of the Water Code is amended to read:

1727.  

(a) The board shall review a petition for a temporary
change of water rights in accordance with this section.

(b) The board shall approve a temporary change if it determines
that a preponderance of the evidence shows both of the following:

(1) The proposed temporary change would not injure any legal
user of the water, during any potential hydrologic condition that
the board determines is likely to occur during the proposed change,
through significant changes in water quantity, water quality, timing
of diversion or use, consumptive use of the water, or reduction in
return flows.

(2) The proposed temporary change would not unreasonably
affect fish, wildlife, or other instream beneficial uses.

(c) The petitioner shall have the burden of establishing that a
proposed temporary change would comply with paragraphs (1)
and (2) of subdivision (b). If the board determines that that
petitioner has established a prima facie case, the burden of proof
shall shift to any party that has filed a comment pursuant to
subdivision (f) of Section 1726 to prove that the proposed
temporary change would not comply with paragraphs (1) and (2)
of subdivision (b). The board may make a determination required
by this subdivision without a hearing.

(d) In reviewing a petition for a temporary change, the board
shall not modify any term or condition of the petitioner’s permit
or license, including those terms that protect other legal users of
water, fish, wildlife, and other instream beneficial uses, except as
necessary to carry out the temporary change in accordance with
this article.

(e) In applying the standards set forth in paragraphs (1) and (2)
of subdivision (b), the board shall not deny, or place conditions
on, a temporary change to avoid or mitigate impacts that are not
caused by the temporary change. Neither the Department of Fish
and Wildlife, nor any other state agency that comments on the
proposed temporary change, shall propose conditions to mitigate
effects on fish, wildlife, or other instream beneficial uses that are
not caused by the proposed temporary change. This subdivision
does not limit the board, the Department of Fish and Wildlife, or
any other state agency, in proceedings pursuant to any provision
of law other than this article.

SEC. 59.  

Section 1736 of the Water Code is amended to read:

1736.  

The board, after providing notice and opportunity for a
hearing, including, but not limited to, written notice to, and an
opportunity for review and recommendation by, the Department
of Fish and Wildlife, may approve such a petition for a long-term
transfer where the change would not result in substantial injury to
any legal user of water and would not unreasonably affect fish,
wildlife, or other instream beneficial uses.

begin delete

SEC. 60.  

Section 2863 of the Water Code is amended to read:

2863.  

All or any part of the money in the Water Resources
Control Board Revolving Fund may be drawn from the State
Treasury, upon appropriation by the Legislature, and used by the
board in paying costs of making determinations of water rights as
provided in this part.

end delete

begin insert

begin insert SEC. 60. end insert   

end insert

begin insert Section 2862 of the end insert begin insert Water Code end insert begin insert is repealed. end insert

begin delete

2862.  

All money paid to or collected by the board, as provided
in this article, shall be paid, at least once each month, accompanied
by a detailed statement thereof, into the Water Resources Control
Board Revolving Fund, which fund is continued in existence.

end delete

begin insert

begin insert SEC. 61. end insert   

end insert

begin insert Section 2863 of the end insert begin insert Water Code end insert begin insert is repealed. end insert

begin delete

2863.  

All or any part of the money in the Water Resources
Control Board Revolving Fund may be drawn from the State
Treasury upon the approval of the Department of Finance without
the submission of receipts, vouchers, or itemized statements, and
used by the board in paying costs of making determinations of
water rights as provided in this part.

end delete

begin delete SEC. 61. end delete
begin insert SEC. 62. end insert   

Section 2866 of the Water Code is repealed.