BILL NUMBER: AB 997	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Dickerson

                        FEBRUARY 23, 2001

   An act to amend Section 1603 of the Fish and Game Code, relating
to fish and wildlife.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 997, as introduced, Dickerson.  Streambed alteration.
   Under existing law, it is unlawful for any person to substantially
divert or obstruct the natural flow or substantially change the bed,
channel, or bank of any river, stream, or lake designated by the
Department of Fish and Game, or use any material from the streambeds,
without first notifying the department of that activity.  Under
existing law, that prohibition does not apply to certain activities,
including specified emergency work.
   This bill also would exempt from that prohibition the maintenance
and operation of existing structures used for irrigation, including
diversions and crossings.
   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 1603 of the Fish and Game Code is amended to
read:
   1603.  (a) It is unlawful for any person to substantially divert
or obstruct the natural flow or substantially change the bed,
channel, or bank of any river, stream, or lake designated by the
department, or use any material from the streambeds, without first
notifying the department of that activity, except when the department
has been notified pursuant to Section 1601.  The department, within
30 days from the date of receipt of that notice, or within the time
determined by mutual written agreement,  shall, 
when an existing fish or wildlife resource may be substantially
adversely affected by that activity,  shall  notify the
person of the existence of that fish or wildlife resource together
with a description of the fish or wildlife, and shall submit to the
person its proposals as to measures necessary to protect fish and
wildlife.  Upon a determination by the department of the necessity
for onsite investigation or upon the request for an onsite
investigation by the affected parties, the department shall notify
the affected parties that it shall make an onsite investigation of
the activity and shall make that investigation before it proposes any
measure necessary to protect the fish and wildlife.  The department'
s description of an existing fish or wildlife resource shall be
specific and detailed and the department shall make available upon
request the information upon which its conclusion is based that the
resource may be substantially adversely affected.
   (b) (1) Within 14 days from the date of receipt of the department'
s proposals, the affected person shall notify the department in
writing whether the proposals are acceptable, except that the time
period may be extended by mutual agreement.  If the department's
proposals are not acceptable to the affected person, the person shall
so notify the department.  Upon request, the department shall meet
with the affected person within seven days from the date of receipt
of that notification or by a date that may be mutually agreed upon
for the purpose of developing proposals that are acceptable to the
department and the affected person.
   (2) If mutual agreement is not reached at the meeting held
pursuant to paragraph (1), a panel of arbitrators shall be
established.  However, appointment of the panel may be deferred by
mutual consent of the parties. The panel shall be established within
seven days from the date of that meeting and shall be composed of one
representative of the department, one representative of the affected
person, and a third person mutually agreed upon or, if no agreement
can be reached, the third person shall be appointed in the manner
provided by Section 1281.6 of the Code of Civil Procedure.  The third
person shall act as panel chair.  The panel may settle disagreements
and make binding decisions regarding fish and wildlife
modifications.  The arbitration shall be completed within 14 days
from the date that the composition of the panel is established,
unless the time period is extended by mutual agreement.  The expenses
of the department representative shall be borne by the department;
the expenses of the representative of the person who diverts or
obstructs the natural flow, or changes the bed, of any river, stream,
or lake, or uses any material from the streambeds shall be borne by
that person; and the expenses of the chair of the panel shall be paid
one-half by each party.
   (c) It is unlawful for any person to commence any activity
affected by this section until the department has found that it will
not substantially adversely affect an existing fish or wildlife
resource or until the department's proposals, or the decisions of a
panel of arbitrators, have been incorporated into the activity.  If
the department fails to act within 30 days from the date of the
receipt of the notice, the person may commence the activity.  The
department shall not condition the streambed alteration agreement on
the receipt of another state or federal permit.
   (d) It is unlawful for any person to engage in an activity
affected by this section, unless the activity is conducted in
accordance with the department's proposals or the decisions of the
panel of arbitrators.
   (e) If an activity involves the routine maintenance and operation
of water supply, drainage, flood control, or waste treatment and
disposal facilities, notice to and agreement with the department
shall not be required subsequent to the initial notification and
agreement unless the work as described in the agreement is
substantially changed or conditions affecting fish and wildlife
resources substantially change and those resources are adversely
affected by the activity conducted under the agreement.  This
subdivision applies in any instance where notice to, and agreement
with, the department  has been   was 
attained prior to January 1, 1977.
   (f) (1) Except as provided in paragraph (2), this section does not
apply to any of the following projects:
   (A) Immediate emergency work necessary to protect life or
property.
   (B) Immediate emergency repairs to public service facilities
necessary to maintain service as a result of a disaster in a
disaster-stricken area in which a state of emergency has been
proclaimed by the Governor pursuant to Chapter 7 (commencing with
Section 8550) of Division 1 of Title 2 of the Government Code.
   (C) Emergency projects undertaken, carried out, or approved by a
public agency to maintain, repair, or restore an existing highway, as
defined in Section 360 of the Vehicle Code, except for a highway
designated as an official state scenic highway pursuant to Section
262 of the Streets and Highways Code, within the existing
right-of-way of the highway, damaged as a result of fire, flood,
storm, earthquake, land subsidence, gradual earth movement, or
landslide, within one year of the damage.  Work needed in the
vicinity above and below a highway may be conducted outside of the
existing right-of-way if it is needed to stop ongoing or recurring
mudslides, landslides, or erosion that pose an immediate threat to
the highway or to restore those roadways damaged by  mudslides,
landslides, or erosion to their predamage condition and
functionality.  This subparagraph does not exempt from this section
any project undertaken, carried out, or approved by a public agency
to expand or widen a highway damaged by fire, flood, storm,
earthquake, land subsidence, gradual earth movement, or landslide.

   (D) Maintenance and operation of existing structures used for
irrigation, including diversions and crossings. 
   (2) The person performing the project shall notify the department
within 14 days from the date of commencement of a project exempted by
this subdivision.
   (3) For purposes of this subdivision, "emergency" means an
emergency, as defined in Section 21060.3 of the Public Resources
Code.
   (g) The department may enter into agreements with applicants for a
term of not more than five years for the performance of activities
subject to this section.  The terms of the agreement may be
renegotiated at any time by mutual consent of the parties.  Each
agreement shall be renewed automatically by the department at the
expiration of its term unless the department determines that there
has been a substantial change in conditions.  If there is a
disagreement between the department and the applicant as to whether
there has been a substantial change in conditions, the department and
the applicant shall proceed to arbitration pursuant to subdivision
(b).  The department may charge a fee when the agreement is entered
into and for each renewal, but may not charge an annual fee for this
purpose.