BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 997
                                                                  Page  1

          Date of Hearing:   March 23, 2001

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                              Carole Migden, Chairwoman

                    AB 997 (Dickerson) - As Amended:  May 1, 2001 

          Policy Committee:                              Water, Parks &  
          Wildlife     Vote:                            8-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill exempts, from a general prohibition against  
          substantially altering the natural flow of a stream or other  
          inland body of water without notifying the Department of Fish  
          and Game (DFG), the following activities:

          1)Maintaining and operating existing previously permitted  
            structures used for irrigation water supply and drainage.

          2)Maintaining and operating existing previously permitted water  
            diversions and crossings.

           FISCAL EFFECT  

          Negligible, if any, costs to the DFG to modify their streambed  
          alteration permit program to reflect this additional exemption.   
          (Fish and Game Preservation Fund.)

           COMMENTS  

           1)Rationale  .  The author argues that minor maintenance work  
            performed on structures related to an agricultural operation's  
            irrigation supply system should not be subject to the DFG's  
            permit requirement for streambed alterations if construction  
            of the structures themselves have already been permitted by  
            the department.
           
          2)Current Exemptions  .  Emergency projects and emergency repair  
            work, following a disaster, on facilities that could have an  
            impact on a streambed or other inland waterway are currently  
            exempt from the notification process.








                                                                  AB 997
                                                                  Page  2


           3)Suggested Amendment  :  Staff suggests the bill's exemption be  
            limited to maintenance work and not to ongoing operation of  
            these structures, diversions and crossings.  As long as these  
            facilities are being operated in a manner that does not  
            substantially and further alter the flow of the inland  
            waterway, there should be no need for an explicit exemption.  

           Analysis Prepared by  :    Steve Archibald / APPR. / (916)  
          319-2081