BILL ANALYSIS                                                                                                                                                                                                                1







            SENATE NATURAL RESOURCES AND WILDLIFE    BILL NO:AB 997
            Senator Sheila Kuehl, Chair            AUTHOR:Dickerson
                                                  VERSION:June 19, 2002
                                                 Original:February 23,  
            2001
                                                   FISCAL:Yes
                                                  URGENCY:No
                                               CONSULTANT:Syrus Devers
                                              HEARING DATE:June 25,  
            2002


             SUBJECT:   Streambed alteration
             
            ISSUE:     Should the Legislature exempt from oversight by  
            the Department of Fish and Game (DFG) routine or minor  
            maintenance on previously permitted stream diversions and  
            crossings?
             
            SUMMARY:   This bill exempts from DFG review "routine or  
            minor maintenance" on previously permitted stream diversion  
            and crossings, provided that the activities do not impair a  
            streambed or divert a stream.

             BACKGROUND & EXISTING LAW:     It is unlawful for any person  
            to alter or obstruct a streambed, or to use materials from  
            a streambed, if it will substantially injure fish and  
            wildlife in a designated river or stream unless DFG is  
            notified of the activity. Once DFG is notified, all of the  
            following occur:

            1)   After notice is received, DFG must respond within 30  
            days, or within a time mutually agreed to, with a  
            description of the fish or wildlife resources that may be  
            substantially injured by the activity, and a proposal to  
            protect the resource. DFG may decide an onsite inspection  
            is required before making any proposals. If DFG does not  
            respond in 30 days, the person may commence the activity.

            2)   The affected party then has 14 days to accept the  
            proposals or to request a meeting with the department,  
            which must occur within 7 days, in order to develop  
            measures that are mutually acceptable. 












            3)   If mutual agreement cannot be reached, a three person  
            panel of arbitrators is appointed, one selected by DFG, one  
            by the party, and one by mutual agreement. If there's no  
            agreement as to the third arbitrator, a person is appointed  
            pursuant to Code of Civil Procedure 1281.6.

                 DFG may enter into long-term agreements (up to 5  
            years) to authorize any of activities that may impact a  
            designated streambed. These agreements are automatically  
            renewed unless DFG determines that conditions have  
            substantially changed.
             
                 Emergency repairs, conducted after the Governor has  
            declared a state of emergency, are exempted from DFG  
            review, as are emergency repairs to a state highway. 


             COMMENTS:  Supporters of this bill argue that waiting for  
            DFG review of minor maintenance or routine repairs may  
            delay, and impose significant costs, on ranching and  
            farming activities. 
             
            Staff Note  :    The support and opposition received to date  
            relates almost entirely to language that was deleted from  
            the bill by the recent amendments. For this reason, those  
            listed in support and opposition may have changed, but they  
            continue to be listed until the committee is informed  
            otherwise since the subject of the bill remains the same.

             SUPPORT:  

            Siskiyou County Board of Supervisors (sponsor)
            California Cattlemen's Association
            Consulting Engineers and Land Surveyors of California
            Regional Council of Rural Counties
            Duane Martin Livestock
            Pace Civil, Inc.
            Association of California Water Agencies
            Orange County Water District

             OPPOSED:  
             











             California District Attorneys Association
            California Native Plant Society
            Defenders of Wildlife
            California Fish and Game Warden Supervisors and Management 
                 Association