Amended in Assembly July 6, 2015

Amended in Senate May 6, 2015

Amended in Senate April 22, 2015

Senate BillNo. 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, 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, and 1736 of, and to repeal Sections 1126.2, 2862, 2863, 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 leastbegin delete 10 times annually.end deletebegin insert 11 times annually and would require that each meeting occur not more than 45 days after the previous meeting.end insert

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 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.

(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. Existing law provides that the authorization for a temporary permit or a temporary change order automatically expires 180 days after the date of issuance.

This bill would 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-day period does not include any time required for monitoring, reporting, or mitigation 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.

(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.

Existing law also establishes the Water Resources Control Board Revolving Fund for similar purposes relating to rights determinations. Existing 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 the provisions relating to the Water Resources Control Board Revolving Fund.

(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:

P5    1

SECTION 1.  

Section 338 of the Code of Civil Procedure is
2amended to read:

3

338.  

Within three years:

4(a) An action upon a liability created by statute, other than a
5penalty or forfeiture.

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

7(c) (1) An action for taking, detaining, or injuring goods or
8chattels, including actions for the specific recovery of personal
9property.

10(2) The cause of action in the case of theft, as described in
11Section 484 of the Penal Code, of an article of historical,
12interpretive, scientific, or artistic significance is not deemed to
13have accrued until the discovery of the whereabouts of the article
14by the aggrieved party, his or her agent, or the law enforcement
15agency that originally investigated the theft.

16(3) (A) Notwithstanding paragraphs (1) and (2), an action for
17the specific recovery of a work of fine art brought against a
18museum, gallery, auctioneer, or dealer, in the case of an unlawful
19taking or theft, as described in Section 484 of the Penal Code, of
20a work of fine art, including a taking or theft by means of fraud or
21duress, shall be commenced within six years of the actual discovery
22by the claimant or his or her agent, of both of the following:

23(i) The identity and the whereabouts of the work of fine art. In
24the case where there is a possibility of misidentification of the
25object of fine art in question, the identity can be satisfied by the
26identification of facts sufficient to determine that the work of fine
27art is likely to be the work of fine art that was unlawfully taken or
28stolen.

P6    1(ii) Information or facts that are sufficient to indicate that the
2claimant has a claim for a possessory interest in the work of fine
3art that was unlawfully taken or stolen.

4(B) This paragraph shall apply to all pending and future actions
5commenced on or before December 31, 2017, including an action
6dismissed based on the expiration of statutes of limitation in effect
7prior to the date of enactment of this statute if the judgment in that
8action is not yet final or if the time for filing an appeal from a
9decision on that action has not expired, provided that the action
10concerns a work of fine art that was taken within 100 years prior
11to the date of enactment of this statute.

12(C) For purposes of this paragraph:

13(i) “Actual discovery,” notwithstanding Section 19 of the Civil
14Code, does not include constructive knowledge imputed by law.

15(ii) “Auctioneer” means an individual who is engaged in, or
16who by advertising or otherwise holds himself or herself out as
17being available to engage in, the calling for, the recognition of,
18and the acceptance of, offers for the purchase of goods at an auction
19as defined in subdivision (b) of Section 1812.601 of the Civil Code.

20(iii) “Dealer” means a person who holds a valid seller’s permit
21and who is actively and principally engaged in, or conducting the
22business of, selling works of fine art.

23(iv) “Duress” means a threat of force, violence, danger, or
24retribution against an owner of the work of fine art in question, or
25his or her family member, sufficient to coerce a reasonable person
26of ordinary susceptibilities to perform an act that otherwise would
27not have been performed or to acquiesce to an act to which he or
28she would otherwise not have acquiesced.

29(v) “Fine art” has the same meaning as defined in paragraph (1)
30of subdivision (d) of Section 982 of the Civil Code.

31(vi) “Museum or gallery” shall include any public or private
32organization or foundation operating as a museum or gallery.

33(4) Section 361 shall not apply to an action brought pursuant to
34paragraph (3).

35(5) A party in an action to which paragraph (3) applies may
36raise all equitable and legal affirmative defenses and doctrines,
37including, without limitation, laches and unclean hands.

38(d) An action for relief on the ground of fraud or mistake. The
39cause of action in that case is not deemed to have accrued until
P7    1the discovery, by the aggrieved party, of the facts constituting the
2 fraud or mistake.

3(e) An action upon a bond of a public official except any cause
4of action based on fraud or embezzlement is not deemed to have
5accrued until the discovery, by the aggrieved party or his or her
6agent, of the facts constituting the cause of action upon the bond.

7(f) (1) An action against a notary public on his or her bond or
8in his or her official capacity except that a cause of action based
9on malfeasance or misfeasance is not deemed to have accrued until
10discovery, by the aggrieved party or his or her agent, of the facts
11constituting the cause of action.

12(2) Notwithstanding paragraph (1), an action based on
13malfeasance or misfeasance shall be commenced within one year
14from discovery, by the aggrieved party or his or her agent, of the
15facts constituting the cause of action or within three years from
16the performance of the notarial act giving rise to the action,
17whichever is later.

18(3) Notwithstanding paragraph (1), an action against a notary
19public on his or her bond or in his or her official capacity shall be
20commenced within six years.

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

22(h) An action commenced under Section 17536 of the Business
23and Professions Code. The cause of action in that case shall not
24be deemed to have accrued until the discovery by the aggrieved
25party, the Attorney General, the district attorney, the county
26counsel, the city prosecutor, or the city attorney of the facts
27constituting grounds for commencing the action.

28(i) An action commenced under the Porter-Cologne Water
29Quality Control Act (Division 7 (commencing with Section 13000)
30of the Water Code). The cause of action in that case shall not be
31deemed to have accrued until the discovery by the State Water
32Resources Control Board or a regional water quality control board
33of the facts constituting grounds for commencing actions under
34their jurisdiction.

35(j) An action to recover for physical damage to private property
36under Section 19 of Article I of the California Constitution.

37(k) An action commenced under Division 26 (commencing with
38Section 39000) of the Health and Safety Code. These causes of
39action shall not be deemed to have accrued until the discovery by
40the State Air Resources Board or by a district, as defined in Section
P8    139025 of the Health and Safety Code, of the facts constituting
2grounds for commencing the action under its jurisdiction.

3(l) An action commenced under Section 1602, 1615, or 5650.1
4of the Fish and Game Code. These causes of action shall not be
5deemed to have accrued until discovery by the agency bringing
6the action of the facts constituting the grounds for commencing
7the action.

8(m) An action challenging the validity of the levy upon a parcel
9of a special tax levied by a local agency on a per parcel basis.

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

11

SEC. 2.  

Section 205.1 of the Fish and Game Code is amended
12to read:

13

205.1.  

(a) The commission may establish by regulation an
14automatic process to conform its sport fishing regulations to federal
15regulations.

16(b) Chapter 3.5 (commencing with Section 11340) of Part 1 of
17Division 3 of Title 2 of the Government Code shall not apply to
18conforming actions implemented pursuant to the automatic process
19specified in subdivision (a).

20(c) The department shall provide public notice of a conforming
21action implemented pursuant to this section.

22

SEC. 3.  

Section 714 of the Fish and Game Code is amended
23to read:

24

714.  

(a) In addition to Section 3031, 3031.2, 7149.05, or
257149.2 and notwithstanding Section 3037, the department shall
26issue lifetime sportsman’s licenses pursuant to this section. A
27lifetime sportsman’s license authorizes the taking of birds,
28mammals, fish, reptiles, or amphibia anywhere in this state in
29accordance with law for purposes other than profit for the life of
30the person to whom issued unless revoked for a violation of this
31code or regulations adopted pursuant to this code. A lifetime
32sportsman’s license is not transferable. A lifetime sportsman’s
33license does not include any special tags, stamps, or other
34entitlements.

35(b) A lifetime sportsman’s license may be issued to residents,
36as follows:

37(1) To a person 62 years of age or over upon payment of a base
38fee of seven hundred thirty dollars ($730).

P9    1(2) To a person 40 years of age or over and less than 62 years
2of age upon payment of a base fee of one thousand eighty dollars
3($1,080).

4(3) To a person 10 years of age or over and less than 40 years
5of age upon payment of a base fee of one thousand two hundred
6dollars ($1,200).

7(4) To a person less than 10 years of age upon payment of a
8base fee of seven hundred thirty dollars ($730).

9(c) This section does not require a person less than 16 years of
10age to obtain a license to take fish, reptiles, or amphibia for
11purposes other than profit or to obtain a license to take birds or
12mammals, except as required by law.

13(d) This section does not exempt an applicant for a license from
14meeting other qualifications or requirements otherwise established
15by law for the privilege of sport hunting or sport fishing.

16(e) Upon payment of a base fee of four hundred forty-five dollars
17($445), a person holding a lifetime hunting license or lifetime
18sportsman’s license shall be issued annually one deer tag
19application pursuant to subdivision (a) of Section 4332 and five
20wild pig tags issued pursuant to Section 4654. Lifetime privileges
21issued pursuant to this subdivision are not transferable.

22(f) Upon payment of a base fee of two hundred ten dollars
23($210), a person holding a lifetime hunting license or lifetime
24sportsman’s license shall be entitled annually to the privileges
25afforded to a person holding a state duck stamp or validation issued
26pursuant to Section 3700.1 and an upland game bird stamp or
27validation issued pursuant to Section 3682.1. Lifetime privileges
28issued pursuant to this subdivision are not transferable.

29(g) The base fees specified in this section are applicable
30commencing January 1, 2004, and shall be adjusted annually
31thereafter pursuant to Section 713.

32(h) The commission shall adjust the amount of the fees specified
33in subdivision (g), as necessary, to fully recover, but not exceed,
34all reasonable administrative implementation costs of the
35 department and the commission relating to those licenses.

36

SEC. 4.  

Section 1050.8 of the Fish and Game Code is amended
37to read:

38

1050.8.  

(a) The department may issue collectible,
39commemorative licenses to any person for purposes of promoting
P10   1and supporting licensed hunting, fishing, and resource conservation,
2subject to all of the following:

3(1) A commemorative license may be designed and produced
4as the department may determine and shall be clearly marked and
5identified as a commemorative license, rendering it invalid for the
6take of any mammal, bird, fish, reptile, or amphibian.

7(2) A commemorative license shall not confer any rights,
8privileges, or other entitlements to any person purchasing or in
9possession of such a license.

10(3) Subdivision (a) of Section 1052, Section 1053.1, Article 2
11(commencing with Section 3031) of Chapter 1 of Part 1 of Division
124, and Article 3 (commencing with Section 7145) of Chapter 1 of
13Part 2 of Division 6 do not apply to the purchase of a
14commemorative license. A commemorative license shall not qualify
15as evidence required in subdivision (a) of Section 3050.

16(b) All funds derived from the sale of commemorative licenses
17shall be deposited in the Fish and Game Preservation Fund.

18

SEC. 5.  

Section 1053 of the Fish and Game Code is repealed.

19

SEC. 6.  

Section 1053.5 of the Fish and Game Code is amended
20to read:

21

1053.5.  

Applicants for hunting licenses pursuant to subdivision
22(a) of Section 1053.1 shall first satisfactorily complete a hunter
23education equivalency examination and obtain a certificate of
24equivalency as provided by regulations adopted by the commission,
25or show proof of completion of a hunter education training course,
26or show a previous year’s hunting license.

27

SEC. 7.  

Section 1055 of the Fish and Game Code is repealed.

28

SEC. 8.  

Section 1055.1 of the Fish and Game Code is amended
29to read:

30

1055.1.  

(a) Any person, except a commissioner, officer, or
31employee of the department, may submit an application to the
32department to be a license agent to issue licenses, permits,
33reservations, tags, or other entitlements.

34(b) A person shall only be authorized to be a license agent to
35issue licenses, permits, reservations, tags, and other entitlements,
36upon the written approval of the department.

37(c) The department may provide licenses, permits, reservations,
38tags, or other entitlements to authorized license agents and shall
39collect, prior to delivery, an amount equal to the fees for all
40licenses, permits, reservations, tags and other entitlements
P11   1provided. Any license agent who pays the fees prior to delivery
2for licenses, permits, reservations, tags, or other entitlements is
3exempt from Sections 1056, 1057, and 1059. Any licenses, permits,
4reservations, tags, or other entitlements provided pursuant to this
5subdivision that remain unissued at the end of the license year may
6be returned to the department for refund or credit, or a combination
7thereof, within six months of the item expiration date. No credit
8may be allowed after six months following the last day of the
9license year.

10(d) Authorized license agents shall add a handling charge to the
11fees prescribed in this code or in regulations adopted pursuant to
12this code for any license, permit, reservation, tag, and other
13entitlement issued by the license agent in an amount that is 5
14percent of the face value of the item rounded to the nearest five
15cents ($0.05).

16(e) The handling charge added pursuant to subdivision (d) shall
17be incorporated into the total amount collected for issuing the
18license, permit, reservation, tag, and other entitlement, but the
19handling charge shall not be included when determining license
20fees in accordance with Section 713. A license agent may issue
21any license, permit, reservation, tag, or other entitlement for any
22amount up to 10 percent less than the fee prescribed in this code
23or in regulations adopted pursuant to this code. The license agent
24shall remit to the department the full amount of the fees as
25prescribed in this code or in regulations adopted pursuant to this
26code for all licenses, permits, reservations, tags, and other
27entitlements issued.

28(f) The handling charge required by subdivision (d) is the license
29agent’s only compensation for services. The license agent shall
30not be entitled to any other additional fee or charge for issuing any
31license, permit, reservation, tag, or other entitlement authorized
32pursuant to this section.

33(g) The department may designate a nonprofit organization,
34organized pursuant to the laws of this state, or the California
35chapter of a nonprofit organization, organized pursuant to the laws
36of another state, as a license agent for the sale of lifetime licenses
37issued pursuant to Sections 714, 3031.2, and 7149.2. These licenses
38may be sold by auction or by other methods and are not subject to
39the fee limitations prescribed in this code. An agent authorized to
40issue lifetime sport fishing licenses, lifetime hunting licenses, and
P12   1lifetime sportsman’s licenses under this subdivision is exempt
2from subdivisions (d) and (f). The license agent shall remit to the
3department the fees from the sale of lifetime licenses as defined
4in Sections 714, 3031.2, and 7149.2.

5(h) This section applies only to licenses, permits, reservations,
6tags, and other entitlements issued through the Automated License
7Data System.

8

SEC. 9.  

Section 1055.4 of the Fish and Game Code is repealed.

9

SEC. 10.  

Section 1055.5 of the Fish and Game Code is
10repealed.

11

SEC. 11.  

Section 1056 of the Fish and Game Code is amended
12to read:

13

1056.  

A license agent who fails to transmit the fees or
14accounting reports required by Section 1055.6 not later than 60
15days following the due date as specified by the department may
16be required to execute, in favor of the department, a bond, payable
17to the department, in a sum determined by the department in order
18to continue as a license agent. The bond shall secure the accurate
19accounting and payment to the department of the funds collected
20and the performance of the duties imposed upon the license agent
21by this article.

22

SEC. 12.  

Section 1059 of the Fish and Game Code is amended
23to read:

24

1059.  

(a) The failure or refusal of any license agent to account
25for licenses, permits, reservations, tags, and other entitlements, or
26any fees received from their issuance as required by Section 1055.6
27or upon demand by an authorized representative of the department
28is a misdemeanor.

29(b) In addition to subdivision (a), any license agent who fails
30to remit fees to the department on or before the date required by
31Section 1055.6 shall pay interest and penalties prescribed for sales
32and use taxes and, except as otherwise provided in this code, the
33department shall collect amounts owing under the procedures
34prescribed for sales and use taxes provided in Chapter 5
35(commencing with Section 6451) and Chapter 6 (commencing
36with Section 6701) of Part 1 of Division 2 of the Revenue and
37Taxation Code, insofar as they may be applicable, and for those
38purposes, “board” means the department.

39

SEC. 13.  

Section 1060 of the Fish and Game Code is repealed.

40

SEC. 14.  

Section 1070 of the Fish and Game Code is repealed.

P13   1

SEC. 15.  

Section 1764 of the Fish and Game Code is amended
2to read:

3

1764.  

(a) The director shall designate those particular areas
4of land managed by the department at which possession of a valid
5annual wildlife pass or day use pass shall be required. No
6designation shall be effective until a management plan for the area
7has been presented at a public meeting and the plan has been
8approved by the director.

9(b) No person shall enter the designated area unless that person
10possesses an annual wildlife area pass or a day use pass issued
11pursuant to Section 1765, a valid hunting license issued pursuant
12to Section 3031, a valid trapping license issued pursuant to Section
134006, or a validbegin delete sportfishingend deletebegin insert sport fishingend insert license issued pursuant
14to Section 7149.05, 7150, or 7151, or that person is a member of
15a tour by an organized youth or school group that has been issued
16a day use pass.

17(c) Notwithstanding subdivision (b), possession of a license or
18pass shall not be required of any person who:

19(1) Is passing through the area on a public right-of-way.

20(2) Possesses authorization by the commission or the department
21to conduct scientific or educational research.

22(3) Is discharging duties in the course of employment, as
23specified by the department.

24(4) Possesses written authorization from the department to enter
25the area for a specific purpose.

26

SEC. 16.  

Section 3050 of the Fish and Game Code is amended
27to read:

28

3050.  

(a) No hunting license may be issued to any person
29unless he or she presents to the person authorized to issue that
30license any of the following:

31(1) Evidence that he or she has held a hunting license issued by
32this state in a prior year.

33(2) Evidence that he or she holds a current hunting license, or
34a hunting license issued in either of the two previous hunting years
35by another state or province.

36(3) A certificate of completion of a course in hunter education,
37principles of conservation, and sportsmanship, as provided in this
38 article. A hunter education instruction validation stamp shall be
39 permanently affixed to certificates of completion that have been
40issued before January 1, 2008.

P14   1(4) A certificate of successful completion of a hunter education
2course in another state or province.

3(5) Evidence of completion of a course in hunter education,
4principles of conservation, and sportsmanship, which the
5commission may, by regulation, require.

6(b) The evidence required in subdivision (a) shall be forwarded
7to the department.

8(c) Subdivision (a) does not apply to any person purchasing a
9hunting license under paragraph (5) of subdivision (a) of Section
103031. However, that license shall not qualify as evidence required
11in subdivision (a) of this section.

12

SEC. 17.  

Section 3682 of the Fish and Game Code is repealed.

13

SEC. 18.  

Section 3700 of the Fish and Game Code is repealed.

14

SEC. 19.  

Section 6596 of the Fish and Game Code is repealed.

15

SEC. 20.  

Section 7149 of the Fish and Game Code is repealed.

16

SEC. 21.  

Section 7149.2 of the Fish and Game Code is
17amended to read:

18

7149.2.  

(a) In addition to Sections 714 and 7149.05, the
19department shall issue a lifetime sport fishing license under this
20section. A lifetime sport fishing license authorizes the taking of
21fish, amphibians, or reptiles anywhere in this state in accordance
22with the law for purposes other than profit for the life of the person
23to whom issued unless revoked for a violation of this code or
24regulations adopted under this code. A lifetime sport fishing license
25is not transferable. A lifetime sport fishing license does not include
26any special tags, stamps, or fees.

27(b) A lifetime sport fishing license may be issued to residents
28of this state, as follows:

29(1) To a person 62 years of age or over, upon payment of a base
30fee of three hundred sixty-five dollars ($365).

31(2) To a person 40 years of age or over and less than 62 years
32of age, upon payment of a base fee of five hundred forty dollars
33($540).

34(3) To a person 10 years of age or over and less than 40 years
35of age upon payment of a base fee of six hundred dollars ($600).

36(4) To a person less than 10 years of age upon payment of a
37base fee of three hundred sixty-five dollars ($365).

38(c) Nothing in this section requires a person less than 16 years
39of age to obtain a license to take fish, amphibians, or reptiles for
40purposes other than profit.

P15   1(d) Nothing in this section exempts a license applicant from
2meeting other qualifications or requirements otherwise established
3by law for the privilege of sport fishing.

4(e) Upon payment of a base fee of two hundred forty-five dollars
5($245), a person holding a lifetime sport fishing license or lifetime
6sportsman’s license shall be entitled annually to the privileges
7afforded to a person holding a second-rod stamp or validation
8issued pursuant to Section 7149.45, a sport fishing ocean
9enhancement stamp or validation issued pursuant to subdivision
10(a) of Section 6596.1, one steelhead trout report restoration card
11issued pursuant to Section 7380, and one salmon punchcard issued
12pursuant to regulations adopted by the commission. Lifetime
13privileges issued pursuant to this subdivision are not transferable.

14(f) The base fees specified in this section are applicable
15commencing January 1, 2004, and shall be adjusted annually
16thereafter pursuant to Section 713.

17

SEC. 22.  

Section 7149.3 of the Fish and Game Code is
18amended to read:

19

7149.3.  

Notwithstanding Section 7149.05, a sport fishing
20license is not required for a resident to take a rattlesnake (genus
21Crotalus or Sistrurus).

22

SEC. 23.  

Section 7149.4 of the Fish and Game Code is
23repealed.

24

SEC. 24.  

Section 7150 of the Fish and Game Code is amended
25to read:

26

7150.  

(a) Upon application to the department’s headquarters
27office in Sacramento and payment of a base fee of four dollars
28($4), as adjusted pursuant to Section 713, the following persons,
29who have not been convicted of any violation of this code, shall
30be issued a reduced fee sport fishing license that is valid for one
31year as specified in paragraphs (1) and (2) of subdivision (a) of
32Section 7149.05 and that authorizes the licensee to take any fish,
33reptile, or amphibians anywhere in this state as otherwise
34authorized pursuant to this code and regulations adopted pursuant
35thereto for purposes other than profit:

36(1) A disabled veteran having a 50 percent or greater
37service-connected disability upon presentation of proof of an
38honorable discharge from military service and proof of the
39disability. Proof of the disability shall be by certification from the
40United States Veterans Administration or by presentation of a
P16   1license issued pursuant to this paragraph in the preceding license
2year.

3(2) A member of the military who is a “recovering service
4member” pursuant to Section 1602(7) of the federal National
5Defense Authorization Act for Fiscal Year 2008 (Public Law
6110-181). A person shall be eligible for a reduced fee sport fishing
7license pursuant to this paragraph upon the submission of a letter,
8online or in hardcopy, to the department from that person’s
9commanding officer or from a military medical doctor stating that
10the person is a recovering service member.

11(3) A person over 65 years of age who is a resident of this state
12and whose total monthly income from all sources, including any
13old age assistance payments, does not exceed the amount in effect
14on September 1 of each year contained in subdivision (c) of Section
1512200 of the Welfare and Institutions Code for single persons or
16subdivision (d) of Section 12200 of the Welfare and Institutions
17Code combined income for married persons, as adjusted pursuant
18to that section. The amount in effect on September 1 of each year
19shall be the amount used to determine eligibility for a reduced fee
20license during the following calendar year.

21(b) A person applying for a reduced fee sport fishing license
22shall submit adequate documentation for the department to
23determine whether the applicant is, in fact, eligible for a reduced
24fee sport fishing license. The documentation shall be in the form
25of a letter or other document, as specified by the department, from
26a public agency, except as provided in paragraphs (1) and (2) of
27subdivision (a). The department shall not issue a reduced fee sport
28fishing license to any person unless it is satisfied that the applicant
29has provided adequate documentation of eligibility for that license.

30(c) The adjustment of the base fee pursuant to Section 713
31specified in subdivision (a) shall be applicable to the fishing license
32years beginning on or after January 1, 1996.

33

SEC. 25.  

Section 7180 of the Fish and Game Code is repealed.

34

SEC. 26.  

Section 7181 of the Fish and Game Code is repealed.

35

SEC. 27.  

Section 7182 of the Fish and Game Code is repealed.

36

SEC. 28.  

Section 7183 of the Fish and Game Code is repealed.

37

SEC. 29.  

Section 7184 of the Fish and Game Code is repealed.

38

SEC. 30.  

Section 7186 of the Fish and Game Code is repealed.

39

SEC. 31.  

Section 7860 of the Fish and Game Code is amended
40to read:

P17   1

7860.  

(a) Except as provided in subdivision (f) or (g), no
2person who is 18 years of age or more and less than 70 years of
3age, on or before April 1 of the current license year, shall take
4salmon for commercial purposes or be on board a vessel on which
5salmon are taken for commercial purposes while salmon are being
6taken or transported unless that person has a commercial fishing
7salmon stamp issued pursuant to this section affixed to his or her
8commercial fishing license.

9(b) Except as provided in subdivision (f) or (g), the operator of
10a vessel on which salmon are taken for commercial purposes shall
11not permit a person on board that vessel while salmon are being
12taken or transported unless that person was less than 18 years of
13age or 70 years of age or more on April 1 of the current license
14year or that person has a commercial fishing salmon stamp affixed
15to the person’s commercial fishing license.

16(c) Except as provided in this subdivision, the department shall
17issue a commercial fishing salmon stamp upon application therefor
18and payment of the fee of eighty-five dollars ($85). For any
19commercial salmon season preceded by a commercial salmon
20season in which the commercial troll salmon landings in this state
21equal or exceed 3,000,000 pounds dressed weight, as determined
22by the department, the fee shall be increased by twelve dollars and
23fifty cents ($12.50) for every 250,000 pounds over 3,000,000
24pounds of dressed weight landings, except that the total fees as
25adjusted shall not exceed two hundred sixty dollars ($260).

26(d) A commercial fishing salmon stamp is valid during the
27commercial salmon season of the year in which it was issued.

28(e) Upon application and payment of an additional fee equal to
29that prescribed in subdivision (c), the department may issue an
30additional commercial fishing salmon stamp for a crewmember to
31the owner or operator of a vessel who holds a commercial fishing
32salmon stamp.

33(f) Notwithstanding subdivision (a), one crewmember of a vessel
34for which a commercial fishing salmon stamp is issued pursuant
35to subdivision (e) may be aboard that vessel and take salmon for
36commercial purposes as a crewmember on that vessel without
37obtaining a commercial fishing salmon stamp under the following
38conditions:

39(1) The crewmember is designated by name and commercial
40fishing license number on a form furnished by the department
P18   1before salmon are taken on the vessel when that crewmember is
2aboard.

3(2) The crewmember has a valid commercial fishing license
4issued under Section 7850.

5(3) The commercial fishing salmon stamp for the crewmember
6is affixed to the form prescribed in paragraph (1) on which the
7vessel registration number of the vessel is entered and on which
8the crewmember who is exempted by this subdivision is designated
9by the last entered name and commercial fishing license number.

10(g) Persons who are exempt from the license requirements, or
11who are not required to be licensed, pursuant to Section 7850, are
12exempt from the requirements of this section.

13

SEC. 32.  

Section 12002.2.1 of the Fish and Game Code is
14amended to read:

15

12002.2.1.  

(a) Notwithstanding any other provision of law, a
16violation of any of the following is an infraction, punishable by a
17fine of not less than fifty dollars ($50), or more than two hundred
18fifty dollars ($250), for a first offense:

19(1) Subdivision (a) of Section 6596.1.

20(2) Subdivision (a) of Section 7149.45.

21(3) Subdivision (b) of Section 7180.1.

22(4) Section 1.18 of Title 14 of the California Code of
23Regulations.

24(b) If a person is convicted of a violation of any of the sections
25listed in subdivision (a) within five years of a separate offense
26resulting in a conviction of a violation of any of those sections,
27that person shall be punished by a fine of not less than one hundred
28dollars ($100) or more than five hundred dollars ($500).

29(c) If a person convicted of a violation of any of the sections
30listed in subdivision (a) produces in court the applicable sport
31fishing ocean enhancement stamp, sport fishing ocean enhancement
32validation, second rod sport fishing stamp, second rod sport fishing
33validation, Colorado River special use stamp, Colorado River
34special use validation, Bay-Delta Sport Fishing Enhancement
35Stamp or Bay-Delta Sport Fishing Enhancement validation issued
36pursuant to this code and valid at the time of the person’s arrest,
37and if the taking was otherwise lawful with respect to season, limit,
38time, and area, the court may reduce the fine imposed for the
39violation to twenty-five dollars ($25).

P19   1

SEC. 33.  

Section 12153 of the Fish and Game Code is amended
2to read:

3

12153.  

A commercial fishing license is forfeited for the
4violation of Sections 1050.1 to 1060, inclusive, or Section 2012,
5or of any of the provisions of this code relating to the use of nets.

6

SEC. 34.  

Section 13005 of the Fish and Game Code is amended
7to read:

8

13005.  

(a) Notwithstanding Section 13001, the fees collected
9from lifetime sportsman’s licenses and privileges issued pursuant
10to Section 714, lifetime hunting licenses and privileges issued
11pursuant to Section 3031.2, and lifetime sport fishing licenses and
12privileges issued pursuant to Section 7149.2 shall be deposited as
13follows:

14(1) Twenty dollars ($20) from the initial issuance of each
15lifetime license shall be deposited in the Fish and Game
16Preservation Fund for use in accordance with Section 711.

17(2) The balance of the fees collected shall be deposited in the
18Lifetime License Trust Account which is hereby created in the
19Fish and Game Preservation Fund. Except as provided in this
20section, that principal amount of the money in the account from
21the fee for a lifetime license shall not be used, except for
22investment.

23(b) The money in the Lifetime License Trust Account may be
24transferred and invested through the Surplus Money Investment
25Fund and all interest shall accrue to the account pursuant to
26subdivision (g) of Section 16475 of the Government Code.

27(c) Upon issuance of a lifetime license or lifetime privilege
28issued pursuant to Section 714, 3031.2, or 7149.2, the department
29shall transfer the following amounts from the Lifetime License
30Trust Account to the Fish and Game Preservation Fund:

31(1) Twenty-nine dollars and twenty-five cents ($29.25) for an
32annual resident hunting license or an annual resident sport fishing
33license.

34(2) Seven dollars and twenty-five cents ($7.25) for a junior
35hunting license.

36(3) Nine dollars and twenty-five cents ($9.25) for one second-rod
37stamp or validation issued pursuant to Section 7149.45.

38(4) Two dollars and fifty cents ($2.50) for one sport fishing
39ocean enhancement stamp or validation issued pursuant to
40subdivision (a) of Section 6596.1.

P20   1(5) Three dollars and seventy-five cents ($3.75) for one steelhead
2trout catch report-restoration card issued pursuant to Section 7380.

3(6) One dollar ($1) for one salmon punchcard issued pursuant
4to regulations adopted by the commission.

5(7) Nineteen dollars and twenty-five cents ($19.25) for a deer
6tag application issued pursuant to subdivision (a) of Section 4332.

7(8) Eight dollars and seventy-five cents ($8.75) for five wild
8pig tags issued pursuant to Section 4654.

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

11(10) Six dollars and twenty-five cents ($6.25) for one upland
12game bird stamp or validation issued pursuant to Section 3682.1.

13

SEC. 35.  

Section 113 of the Government Code is amended to
14read:

15

113.  

The Legislature, acting through the State Lands
16Commission, hereby consents to the retrocession of jurisdiction
17by the United States over land within this state upon and subject
18to each and all of the following express conditions:

19(a) The United States must in writing have requested state
20acceptance of the retrocession, and unless there is an officer of the
21United States empowered by a United States statute to retrocede
22jurisdiction, the request shall be by the act of Congress. The
23retrocession may return all jurisdiction to the state or may provide
24for concurrent jurisdiction.

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

26(c) A notice of the proposed retrocession has been given to the
27clerk for the board of supervisors of each county in which the
28federal lands are located at least 15 days before the proposed
29retrocession is considered by the State Lands Commission.

30(d) The United States has agreed to bear all costs and expenses
31incurred by the State Lands Commission in making the
32retrocession.

33(e) The acceptance of the retrocession shall be made at a publicly
34noticed meeting of the State Lands Commission. The determination
35of the State Lands Commission shall be final and the retrocession
36of jurisdiction accepted shall become effective when certified
37copies of its orders or resolutions have been recorded in the office
38of the county recorder of each county in which any part of the land
39is situated. The State Lands Commission shall keep copies of its
P21   1orders or resolutions and make them available to the public upon
2request.

3

SEC. 36.  

Section 741 of the Public Resources Code is amended
4to read:

5

741.  

(a) The board shall appoint a Range Management
6Advisory Committee and shall consult with the advisory committee
7on rangeland resource issues under consideration by the board.

8(b) The advisory committee shall consist of 11 members, who
9shall be selected as follows:

10(1) Three members of the general public, who have an interest
11and background in the conservation of range resources or special
12knowledge in the protection of range and brushland soils and
13watersheds.

14(2) One member nominated by the California Association of
15Resource Conservation Districts.

16(3) Seven members nominated by organizations representing
17owners of range and brushlands.

18(c) Members of the advisory committee shall serve without
19compensation.

20(d) The Secretary of the Natural Resources Agency, the
21Secretary for Environmental Protection, and the Secretary of Food
22and Agriculture shall notify the advisory committee of, and are
23encouraged to consult with the advisory committee on, rangeland
24resource issues that are under consideration by the Natural
25Resources Agency, the California Environmental Protection
26Agency, and the Department of Food and Agriculture, respectively.

27

SEC. 37.  

Section 8301 of the Public Resources Code is
28amended to read:

29

8301.  

The Governor, on application therefor by a duly
30authorized agent, may convey to the United States a tract of land
31that does not exceed 10 acres, belonging to the state and covered
32by navigable waters, for the site of a lighthouse, beacon, or other
33aid to navigation.

34

SEC. 38.  

Section 30310.5 of the Public Resources Code is
35repealed.

36

SEC. 39.  

Section 30315 of the Public Resources Code is
37amended to read:

38

30315.  

(a) The commission shall meet at leastbegin delete 10end deletebegin insert 11end insert times
39annually at a place convenient to the public.begin insert Each meeting shall
P22   1occur not more than 45 days after the previous meeting.end insert
All
2meetings of the commission shall be open to the public.

3(b) A majority of the total appointed membership of the
4commission shall constitute a quorum. An action taken by the
5commission under this division requires a majority vote of the
6members present at the meeting of the commission, with a quorum
7being present, unless otherwise specifically provided for in this
8division.

9

SEC. 40.  

Section 1026 of the Water Code is amended to read:

10

1026.  

The lead agency shall not approve a water lease until 30
11days after the board provides written public notice, including notice
12by personal delivery or registered mail to legal users of water
13which may be affected by the lease, as identified by the board, the
14Department of Fish and Wildlife, and any party requesting special
15notice of water leases pursuant to this chapter. The water lessor
16shall pay a reasonable fee, in an amount determined by the state
17board, for the cost of providing the notice.

18

SEC. 41.  

Section 1055 of the Water Code is amended to read:

19

1055.  

(a) The executive director of the board may issue a
20complaint to any person or entity on which administrative civil
21liability may be imposed pursuant to Section 1052, Article 4
22(commencing with Section 1845) of Chapter 12 of Part 2 of
23Division 2, or Section 5107. The complaint shall allege the act or
24failure to act that constitutes a trespass or violation, the provision
25of law authorizing civil liability to be imposed, and the proposed
26civil liability.

27(b) The complaint shall be served by personal notice or certified
28 mail. The complaint shall inform the party served that the party
29may request a hearing not later than 20 days from the date the party
30begin delete wasservedend deletebegin insert was servedend insert and that the board may adopt an order setting
31administrative civil liability based on the allegations set forth in
32the complaint without a hearing if the party does not sign a written
33request for a hearing that is delivered to, or received by mail by,
34the board within 20 days after the date the party was served. The
35hearing shall be before the board or a member of the board, in
36accordance with Section 183.

37(c) The board, after any necessary hearing, may adopt an order
38setting administrative civil liability, or determining that a liability
39shall not be imposed.

P23   1(d) Orders setting administrative civil liability shall become
2effective and final upon issuance thereof and payment shall be
3made.

4

SEC. 42.  

Section 1126.2 of the Water Code is repealed.

5

SEC. 43.  

Section 1228.1 of the Water Code is amended to read:

6

1228.1.  

(a) The Legislature finds and declares that it is in the
7public interest to provide a timely, efficient, and economic
8procedure for the acquisition of rights to appropriate water for a
9small domestic use, including incidental stock watering and
10irrigation uses, a small irrigation use, and for a livestock stockpond
11subject to prior rights.

12(b) As used in this article:

13(1) “Small domestic use” means a domestic use, as that use is
14defined by board rule, or a use for aesthetic, fire protection,
15recreational, or fish and wildlife purposes that is associated with
16a dwelling or other facility for human occupation, that does not
17exceed direct diversion of 4,500 gallons per day or diversion to
18storage of 10 acre-feet per year.

19(2) “Small irrigation use” means either of the following:

20(A) An irrigation use, heat control use, or frost protection use,
21not to exceed diversion to storage of 20 acre-feet per year,
22including impoundment for incidental aesthetic, fire protection,
23recreational, or fish and wildlife purposes.

24(B) An irrigation use not to exceed direct diversion of 42,000
25gallons per day, up to a maximum of 20 acre-feet per year.

26(3) “Livestock stockpond” means a water impoundment structure
27constructed for livestock watering use not to exceed direct
28diversion of 4,500 gallons per day, or diversion to storage of 10
29acre-feet per year, as that use is defined by the board, and including
30impoundment for incidental aesthetic, fire protection, recreational,
31or fish and wildlife purposes.

32

SEC. 44.  

Section 1228.2 of the Water Code is amended to read:

33

1228.2.  

(a) (1) Subject to subdivision (b), a person may obtain
34a right to appropriate water for a small domestic, small irrigation,
35or livestock stockpond use upon first registering the use with the
36board and thereafter applying the water to reasonable and beneficial
37use with due diligence.

38(2) With regard to an appropriation for small domestic use, a
39registration shall not be filed for a facility served by or used
40pursuant to a permit or license for domestic or municipal use, and
P24   1not more than one small domestic use registration shall be in effect
2at any time for any facility. A small domestic use registration and
3a livestock stockpond use registration may be in effect for the same
4facility if the total combined water use covered by the registrations
5does not exceed 10 acre-feet per year.

6(3) With regard to an appropriation for small irrigation use,
7more than one registration may be in effect at any time for a
8registrant if the diversion or storage facilities subject to registration
9for a registrant do not exceed the ratio of one per 20 irrigated acres,
10and if the total water use on all acreage covered by the registrations,
11including any water use based on other rights, does not exceed
12100 acre-feet per year.

13(4) A small domestic use registration and a small irrigation use
14registration, or a livestock stockpond use registration and a small
15irrigation use registration, may be in effect for the same facility
16only if the total combined water use covered by the registrations
17does not exceed 20 acre-feet per year.

18(5) With regard to an appropriation for livestock stockpond use,
19more than one registration may be in effect at any time for a
20registrant if stockponds subject to registration for that registrant
21do not exceed the ratio of one per 50 acres.

22(b) Initiation of rights to appropriate water pursuant to this article
23shall be subject to Article 1.3 (commencing with Section 1205),
24relating to fully appropriated stream systems. The board shall not
25accept a registration of water use which proposes as a source of
26water supply a stream system which has been unconditionally
27declared by the board to be fully appropriated pursuant to Section
281205, except that subdivision (b) of Section 1206, relating to
29conditional declarations of fully appropriated stream systems, shall
30apply to registration of water use pursuant to this article, and the
31board shall accept those registrations where consistent with the
32conditions specified in the declaration.

33(c) The board shall annually prepare and post on its Internet
34Web site information summarizing the location, nature, and amount
35of water appropriated pursuant to this article. The information shall
36include a description of the availability of unappropriated water
37in those stream systems which may become fully appropriated
38within the next reporting period.

39(d) If a registration is filed with a source of supply on a stream
40system that the most recent report submitted under subdivision (c)
P25   1identifies as a stream system that may become fully appropriated
2within the next reporting period, the registration shall not take
3effect unless the board finds that unappropriated water is available
4for the appropriation proposed by the registration. If the board
5finds that unappropriated water is not available to supply the
6proposed appropriation, the board shall, following notice and
7hearing, determine whether that stream system should be declared
8fully appropriated pursuant to Article 1.3 (commencing with
9Section 1205).

10

SEC. 45.  

Section 1228.3 of the Water Code is amended to read:

11

1228.3.  

(a) Registration of water use pursuant to this article
12shall be made upon a form prescribed by the board. The registration
13form shall set forth all of the following:

14(1) The name and post office address of the registrant.

15(2) The source of water supply.

16(3) The nature and amount of the proposed use.

17(4) The proposed place of diversion.

18(5) The place where it is intended to use the water.

19(6) The time for completion of construction of diversion works
20and for complete application of the water to the proposed use.

21(7) A certification that the registrant has contacted a
22representative of the Department of Fish and Wildlife designated
23by that department for that purpose, has provided information to
24that department that is set forth in the registration form, and has
25agreed to comply with all lawful conditions, including, but not
26limited to, conditions upon the construction and operation of
27diversion works, required by the Department of Fish and Wildlife.
28The certification shall include a copy of any conditions required
29by the Department of Fish and Wildlife pursuant to this paragraph.

30(8) Any other information that may reasonably be required by
31the board.

32(b) Registration of water use shall be deemed completed on the
33date that the form, executed in substantial compliance with the
34requirements of this section, and the registration fee specified in
35Section 1525 are received by the board.

36(c) The board shall issue monthly a list of registrations filed
37under this article during the preceding calendar month. This list
38shall contain the information required by paragraphs (1) to (6),
39 inclusive, of subdivision (a). The list shall set forth a date prior to
40which an interested person may file a written protest in opposition
P26   1to the approval of a stockpond registration. That date shall be not
2later than 30 days from the date on which the list is issued. The
3board shall mail the monthly list of registrations filed to a person
4who requests the list.

5(d) Prior to the date set forth on the list required under
6subdivision (c), an interested person may file with the board a
7written protest in opposition to the approval of a stockpond
8registration. The protest shall clearly set forth the protestant’s
9objections to the registered use based on interference with prior
10rights. The protest shall be served on the registrant by the protestant
11by mailing a duplicate copy of the protest to the registrant, or
12through service undertaken in another manner determined to be
13adequate by the board. The procedures set forth in Article 1.5
14(commencing with Section 1345) of Chapter 5 shall be used for
15reviewing a protested registration.

16

SEC. 46.  

Section 1228.6 of the Water Code is amended to read:

17

1228.6.  

(a) The board shall establish, and may from time to
18time revise, reasonable general conditions to which all
19appropriations made pursuant to this article shall be subject. The
20conditions shall include, but shall not be limited to, the following:

21(1) The appropriation is subject to prior rights.

22(2) All conditions lawfully required by the Department of Fish
23and Wildlife are conditions upon the appropriations.

24(3) Diversion works shall be constructed and water applied to
25beneficial use with due diligence.

26(4) Registration shall be renewed and water use reported
27pursuant to law and to the rules of the board.

28(b) Immediately upon registration pursuant to Section 1228.3,
29renewal of registration pursuant to Section 1228.5, or amended
30registration pursuant to Section 1228.7, the board shall provide
31the registrant with a written document setting forth the conditions
32required by this section, and the perfection and exercise of rights
33acquired pursuant to this article shall at all times be subject to those
34conditions.

35(c) The conditions required by this section shall be deemed
36“terms and conditions” within the meaning of Section 1825 and
37the expression of legislative intent contained in that section shall
38be applicable thereto. The authority of the board to enforce the
39terms and conditions of permits and licenses to appropriate water,
40and to prevent the unlawful diversion of water, including, but not
P27   1limited to, provisions regarding cease and desist orders and the
2revocation of permits and licenses, shall be applicable to
3appropriations initiated or perfected pursuant to this article.

4

SEC. 47.  

Section 1229 of the Water Code is amended to read:

5

1229.  

(a) The board is not required to adopt general conditions
6for small irrigation use pursuant to subdivision (a) of Section
71228.6 until the board determines that funds are available for that
8purpose.

9(b) A registration for small irrigation use pursuant to this article
10is not authorized until the board establishes general conditions for
11small irrigation use pursuant to subdivision (a) of Section 1228.6
12to protect instream beneficial uses.

13(c) The board may establish general conditions for some
14methods of diversion or categories of small irrigation use before
15establishing general conditions for other methods or categories,
16in which case a registration for small irrigation use is authorized
17only for those methods or categories for which the board has
18established the general conditions for the protection of instream
19beneficial uses.

20

SEC. 48.  

Section 1229.1 of the Water Code is amended to read:

21

1229.1.  

(a) This article does not apply to those stream segments
22for which the Director of Fish and Wildlife establishes proposed
23streamflow requirements pursuant to Section 10002 of the Public
24Resources Code, notwithstanding the July 1, 1989, deadline for
25preparation of the requirements.

26(b) Notwithstanding subdivision (a), this article applies to a
27registration filed before the Director of Fish and Wildlife
28establishes proposed streamflow requirements for the source of
29water supply for the registration. The conditions for renewal under
30subdivision (c) of Section 1228.5 may include any conditions the
31Department of Fish and Wildlife determines to be necessary to
32protect stream-related fish and wildlife resources on a source of
33water supply for which the Director of Fish and Wildlife has
34established proposed streamflow requirements pursuant to Section
3510002 of the Public Resources Code.

36

SEC. 49.  

Section 1243 of the Water Code is amended to read:

37

1243.  

(a) The use of water for recreation and preservation and
38enhancement of fish and wildlife resources is a beneficial use of
39water. In determining the amount of water available for
40appropriation for other beneficial uses, the board shall take into
P28   1account, when it is in the public interest, the amounts of water
2required for recreation and the preservation and enhancement of
3fish and wildlife resources.

4(b) The board shall notify the Department of Fish and Wildlife
5of an application for a permit to appropriate water. The Department
6of Fish and Wildlife shall recommend the amounts of water, if
7any, required for the preservation and enhancement of fish and
8wildlife resources and shall report its findings to the board.

9(c) This section does not affect riparian rights.

10

SEC. 50.  

Section 1260 of the Water Code is amended to read:

11

1260.  

An application for a permit to appropriate water shall
12set forth all of the following:

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

14(b) The source of water supply.

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

16(d) The location and description of the proposed headworks,
17ditch canal, and other works.

18(e) The proposed place of diversion.

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

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

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

22(i) The time for the complete application of the water to the
23proposed use.

24(j) All data and information reasonably available to applicant
25or that can be obtained from the Department of Fish and Wildlife
26concerning the extent, if any, to which fish and wildlife would be
27affected by the appropriation, and a statement of any measures
28 proposed to be taken for the protection of fish and wildlife in
29connection with the appropriation.

30(k) Sufficient information to demonstrate a reasonable likelihood
31that unappropriated water is available for the proposed
32appropriation.

33

SEC. 51.  

Section 1427 of the Water Code is amended to read:

34

1427.  

Before making the findings required by Section 1425,
35the board shall do all of the following:

36 (a) Review available records, files, and decisions that relate to
37the availability of water from the source at the proposed point of
38diversion to serve the proposed temporary diversion and use, and
39that relate to the rights of downstream users.

P29   1(b) Consult with representatives of the Department of Fish and
2 Wildlife.

3(c) Make a field investigation, if necessary or desirable in the
4opinion of the board.

5

SEC. 52.  

Section 1430 of the Water Code is amended to read:

6

1430.  

A temporary permit issued under this chapter shall not
7result inbegin insert theend insert creation of a vested right, even of a temporary nature,
8but shall be subject at all times to modification or revocation in
9the discretion of the board. The authorization to divert and use
10water under a temporary permit shall automatically expire 180
11days after the authorization takes effect, unless an earlier date is
12specified or the temporary permit is revoked. The 180-day period
13does not include any time required for monitoring, reporting, or
14mitigation before or after the authorization to divert or use water
15under the temporary permit.

16

SEC. 53.  

Section 1437 of the Water Code is amended to read:

17

1437.  

Before making the findings required by Section 1435,
18the board shall review available records, files, and decisions that
19relate to the rights of other legal users of water, consult with
20representatives of the Department of Fish and Wildlife, and make
21a field investigation if the investigation is necessary or desirable
22in the opinion of the board.

23

SEC. 54.  

Section 1440 of the Water Code is amended to read:

24

1440.  

A temporary change order issued under this chapter shall
25not result inbegin insert theend insert creation of a vested right, even of a temporary
26nature, but shall be subject at all times to modification or revocation
27in the discretion of the board. The authorization to divert and use
28water under a temporary change order shall automatically expire
29180 days after the authorization takes effect, unless an earlier date
30is specified or the temporary change order is revoked. The 180-day
31period does not include any time required for monitoring, reporting,
32or mitigation before or after the authorization to divert or use water
33under the temporary change order.

34

SEC. 55.  

Section 1701.2 of the Water Code is amended to read:

35

1701.2.  

A petition for change in a permit or license shall meet
36all of the following requirements:

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

38(b) Be signed by the petitioner, or the petitioner’s agent or
39attorney.

P30   1(c) Include all information reasonably available to the petitioner,
2or that can be obtained from the Department of Fish and Wildlife,
3concerning the extent, if any, to which fish and wildlife would be
4affected by the change, and a statement of any measures proposed
5to be taken for the protection of fish and wildlife in connection
6 with the change.

7(d) Include sufficient information to demonstrate a reasonable
8likelihood that the proposed change will not injure any other legal
9user of water.

10(e) Contain other appropriate information and be in the form
11required by applicable regulations.

12

SEC. 56.  

Section 1703 of the Water Code is amended to read:

13

1703.  

After filing a petition for permission to make a change,
14the petitioner, in case the board so requires, shall cause notice
15thereof to be given or published in the manner prescribed by the
16board. In all cases the petitioner shall notify the Department of
17Fish and Wildlife in writing of the proposed change.

18

SEC. 57.  

Section 1726 of the Water Code is amended to read:

19

1726.  

(a) (1) A permittee or licensee who proposes a
20temporary change shall submit to the board a petition to change
21the terms of the permit or license as required to accomplish the
22proposed temporary change. The petition for a temporary change
23shall be filed by the permittee or licensee. If the proposed
24temporary change is for the benefit of a contractor or user supplied
25directly or indirectly by the permittee or licensee, the permittee or
26licensee may authorize the contractor or user to participate as a
27copetitioner. The permittee or licensee shall identify any
28copetitioner in the petition.

29(2) A contractor or user described in paragraph (1), whether or
30not designated as a copetitioner, and the person to whom the water
31is proposed to be transferred, shall be named as parties to the
32proceeding, with the same rights to receive notices, respond to
33board determinations, and petition for writ of mandate as the
34petitioner.

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

36(1) Reference to the permit or license that serves as the basis
37for the water transfer.

38(2) A written description of the changes in water storage, timing,
39and point of diversion, place and purpose of use, timing and point
P31   1of return flow, and water quality of instream flows that are likely
2to occur as a result of the proposed temporary change.

3(c) A petitioner shall provide a copy of the petition to the
4Department of Fish and Wildlife, the board of supervisors of the
5county or counties in which the petitioner currently stores or uses
6the water subject to the petition, and the board of supervisors of
7the county or counties to which the water is proposed to be
8transferred.

9(d) Within 10 days of the date of submission of a petition to the
10board, the petitioner shall publish in not less than one newspaper
11of general circulation, in the county or counties in which the
12petitioner currently stores or uses the water subject to the petition,
13a notice of the petition and a brief description of the terms of the
14proposed temporary change. The board shall, in a timely manner,
15provide to the petitioner a list of water right holders of record on
16file with the board who may be affected by the transfer, and the
17petitioner shall provide written notice to those water right holders
18not later than 10 days after the date on which the petition is
19submitted. The board shall post the notice of petition on its Internet
20web site not later than 10 days after the date on which the petition
21is submitted. The notice of the petition shall specify the date on
22which comments are due. The board may impose on the petitioner
23any other notice requirement it determines to be necessary.

24(e) Within 10 days of the date of receipt of a petition, the board
25shall commence an investigation of the proposed temporary change.
26Pursuant to that investigation, the board shall determine if the
27water proposed to be transferred would have been consumptively
28used or stored pursuant to the petitioner’s permit or license in the
29absence of the proposed transfer or conserved pursuant to Section
301011. The board also shall evaluate the changes in water storage,
31timing and point of diversion, place and purpose of use, timing
32and point of return flow, water quality, and instream flows, and
33other changes that are likely to occur as a result of the proposed
34temporary change.

35(f) Water users that may be affected by a proposed temporary
36change and any other interested party may file a written comment
37regarding a petition with the board. Comments shall be filed not
38later than 30 days after the date that the notice was published
39pursuant to subdivision (d). The board shall evaluate and take into
40consideration all comments that are filed in a timely manner.

P32   1(g) (1) Except as specified in paragraphs (2) and (3), the board
2shall render a decision on the petition not later than 35 days after
3 the date that investigation commenced or the date that the notice
4was published, whichever is later. The board’s decision shall be
5in accordance with the substantive standards set forth in Section
61727. The board shall explain its decision in writing and shall send
7copies of the decision to the petitioner, the Department of Fish and
8Wildlife, the board of supervisors of the county or counties
9described in subdivision (c), the proposed transferee, and any party
10who has filed a written comment in accordance with subdivision
11(f).

12(2) If comments are filed in accordance with subdivision (f), or
13for any other good cause, the board may extend the date of its
14decision for up to 20 days.

15(3) If the board or the petitioner determines that an additional
16extension of time for a decision is necessary for the board to make
17the findings required by Section 1727, or that a hearing is necessary
18for the board to make those findings, the board may extend the
19time for a decision with the consent of the petitioner. If the
20petitioner agrees to a hearing, the board shall identify the issues
21for which additional evidence is required and shall fix a time and
22place for the hearing. The board shall provide notice of the time,
23place, and subject matter of the hearing to the petitioner, the
24Department of Fish and Wildlife, the board of supervisors of the
25county or counties described in subdivision (c), the water right
26holders of record identified pursuant to subdivision (d), the
27proposed transferee, and any party who has filed a written comment
28in accordance with subdivision (f).

29

SEC. 58.  

Section 1727 of the Water Code is amended to read:

30

1727.  

(a) The board shall review a petition for a temporary
31change of water rights in accordance with this section.

32(b) The board shall approve a temporary change if it determines
33that a preponderance of the evidence shows both of the following:

34(1) The proposed temporary change would not injure any legal
35user of the water, during any potential hydrologic condition that
36the board determines is likely to occur during the proposed change,
37through significant changes in water quantity, water quality, timing
38of diversion or use, consumptive use of the water, or reduction in
39return flows.

P33   1(2) The proposed temporary change would not unreasonably
2affect fish, wildlife, or other instream beneficial uses.

3(c) The petitioner shall have the burden of establishing that a
4proposed temporary change would comply with paragraphs (1)
5and (2) of subdivision (b). If the board determines that that
6petitioner has established a prima facie case, the burden of proof
7shall shift to any party that has filed a comment pursuant to
8subdivision (f) of Section 1726 to prove that the proposed
9temporary change would not comply with paragraphs (1) and (2)
10of subdivision (b). The board may make a determination required
11by this subdivision without a hearing.

12(d) In reviewing a petition for a temporary change, the board
13shall not modify any term or condition of the petitioner’s permit
14or license, including those terms that protect other legal users of
15water, fish, wildlife, and other instream beneficial uses, except as
16necessary to carry out the temporary change in accordance with
17this article.

18(e) In applying the standards set forth in paragraphs (1) and (2)
19of subdivision (b), the board shall not deny, or place conditions
20on, a temporary change to avoid or mitigate impacts that are not
21caused by the temporary change. Neither the Department of Fish
22and Wildlife, nor any other state agency that comments on the
23proposed temporary change, shall propose conditions to mitigate
24effects on fish, wildlife, or other instream beneficial uses that are
25not caused by the proposed temporary change. This subdivision
26does not limit the board, the Department of Fish and Wildlife, or
27 any other state agency, in proceedings pursuant to any provision
28of law other than this article.

29

SEC. 59.  

Section 1736 of the Water Code is amended to read:

30

1736.  

The board, after providing notice and opportunity for a
31hearing, including, but not limited to, written notice to, and an
32opportunity for review and recommendation by, the Department
33of Fish and Wildlife, may approve such a petition for a long-term
34transfer where the change would not result in substantial injury to
35any legal user of water and would not unreasonably affect fish,
36wildlife, or other instream beneficial uses.

37

SEC. 60.  

Section 2862 of the Water Code is repealed.

38

SEC. 61.  

Section 2863 of the Water Code is repealed.

P34   1

SEC. 62.  

Section 2866 of the Water Code is repealed.



O

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