BILL ANALYSIS
AB 2049
Page 1
Date of Hearing: April 13, 2010
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
AB 2049 (Arambula) - As Introduced: February 18, 2010
SUBJECT : State Water Resources Development System: Water
Delivery
SUMMARY : Prohibits the long-term transfer or assignment of
State Water Project (SWP) water supply from an agricultural use
to a municipal use. Specifically, this bill prohibits the
Department of Water Resources (DWR) from approving a transfer or
assignment of a contractual right to SWP water from an
agricultural use to another contractor for municipal use if the
assignment would be for more than 10 years.
EXISTING LAW :
1)Establishes that DWR shall operate and manage the SWP on
behalf of the State of California.
2)Allows DWR to approve SWP contractual modifications which
change apportionments of water between its contractors,
including modifications which allow water sales intended to
reduce the delivery to a SWP agricultural contractor in order
to increase deliveries to a SWP urban contractor.
FISCAL EFFECT : Unknown.
COMMENTS : DWR uses its SWP authorities and contractual
flexibility to creatively transfer water between various water
users in times of need. However, in August 2009, Sandridge
Partners, located in Kings County on the west side of the San
Joaquin Valley, agreed to permanently sell 14,000 acre feet (af)
of its annual State Water Project entitlement to the Mojave
Water Agency for $77 million dollars. Sandridge Partners is a
member of the Dudley Ridge Water District, which has a SWP
contractual entitlement to 57,343 (af) of water. Mojave Water
Agency is also a SWP contractor. Its previous annual
entitlement was 75,800 (af) of water.
In news articles Sandridge Partners was quoted as saying it
intended to use part of the funding from its surface water sale
to expand groundwater pumping as a substitute supply.
AB 2049
Page 2
Although the State Water Resources Control Board has authority
over changes in the place of use or point of diversion of
permitted water rights, changes between SWP members fall outside
of that regulatory oversight because the points of diversion for
SWP export supplies remains the same and the SWP place of use is
so broad. This means that transfers of SWP surface water
supplies do not fall within the purview of existing statutes
that govern, for example, limitations on groundwater pumping
when surface water supplies are transferred.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
American Council of Engineering Companies
American Society of Civil Engineers - Region 9
Association of California Water Agencies
Calif. Apartment Assoc.
Calif. Building Industry Assoc.
Calif. Business Properties Assoc.
Calif. Chamber of Commerce
Calif. Forestry Assoc.
Calif. League of Food Processors
Calif. Manufacturing and Tech. Assoc.
Calif. Municipal Utilities Assoc.
Calif. Special Districts Assoc.
Desert Water Agency
Kern County Water Agency
Metropolitan Water District of Southern Calif.
Northern California Water Association
San Diego County Water Authority
Valley Ag Water Coalition
Western Growers Association
Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916)
319-2096