BILL ANALYSIS
AB 997
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Date of Hearing: April 24, 2001
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Dean Florez, Chair
AB 997 (Dickerson) - As Amended: April 16, 2001
SUBJECT : Streambed alteration.
SUMMARY : Expands the list of activities that are exempted from
the Department of Fish and Game (DFG) streambed alteration
notification and approval process to include maintenance and
operation of existing structures used for irrigation and
diversions and crossings. Specifically, this bill:
1)Includes maintenance and operation of existing structures used
for irrigation in those activities not subject to the
streambed alteration notification and approval process.
2)Includes maintenance and operation of diversions and crossings
in those activities not subject to the streambed alteration
notification and approval process.
EXISTING LAW :
1)Requires that the DFG be notified of any project or activity
that will take place in or in the vicinity of a river, stream,
lake, or their tributaries.
2)Authorizes DFG to charge applicants fees to recover the total
costs it incurs in processing applications for and developing
and enforcing Streambed Alteration Agreements.
3)Requires the DFG to determine whether an existing fish or
wildlife resource will be substantially adversely affected by
the proposed project or activity. An onsite investigation may
be conducted. DFG shall propose any measures it determines
necessary to protect fish and wildlife resources.
4)Provides that if a determination is made that an existing fish
or wildlife resource may be adversely impacted that a
Streambed Alteration Agreement is required.
5)Provides for a panel of arbitrators to settle disagreements
and make binding decisions regarding fish and wildlife
modifications proposed by DFG.
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6)Requires that unless otherwise exempt from the California
Environmental Quality Act (CEQA), that projects or activities
described in the draft agreement undergo CEQA review.
7)Makes it unlawful to commence any activity until DFG
determines there will be no adverse affect, or until the DFG
proposals or the arbitrator panel decisions are incorporated
into the activity and the final agreement issued.
8)Exempts various emergency projects from the streambed
alteration notification and approval process.
FISCAL EFFECT : Unknown.
COMMENTS :
According to the author, rigid interpretation and implementation
of the law subjects routine and minor agricultural activities to
CEQA review. Activities requiring environmental impact studies
now include grazing and furrowing, as well as the movement of
livestock and equipment. The result is a significant
unnecessary financial burden as it causes major delays in
necessary agricultural activities. This delay could potentially
cost local farmers the entire harvest season.
Supporters state that the DFG streambed alteration program has
become increasingly burdensome and is, at times, unworkable.
The program needs to be modified to allow routine annual
activities to occur. Farmers and ranchers assess their
irrigation systems and crossings following the winter season to
determine where repairs are needed. There are specific cases of
farmers and ranchers applying for a permit following a storm
event but being unable to secure the permit before the
initiation of irrigation or prior to the following winter.
According to the opponents, this bill would create a large
loophole in the streambed alteration program. Further,
opponents state that maintenance and operation of irrigation
structures can result in substantial streambed alteration
leading to serious impacts to fish and wildlife resources. In
addition, opponents contend that current law provides for
long-term agreements specifically for the purpose of
AB 997
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facilitating ongoing maintenance and operation needs of
irrigation and water distribution systems.
REGISTERED SUPPORT / OPPOSITION :
Support
California Cattlemen's Association
Consulting Engineers and Land Surveyors of California
Regional Council of Rural Counties
Siskiyou County Board of Supervisors (sponsor)
Opposition
California District Attorneys Association
California Native Plant Society
Defenders of Wildlife
Analysis Prepared by : Kathy Mannion / W., P. & W. / (916)
319-2096