BILL NUMBER: AB 2776	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 28, 2010
	AMENDED IN SENATE  JUNE 16, 2010
	AMENDED IN ASSEMBLY  APRIL 6, 2010

INTRODUCED BY    Committee on Water, Parks and Wildlife
  (   Huffman (Chair), Arambula,
Blumenfield, Caballero, Bonnie Lowenthal, Salas, and Yamada 
 )   Assembly   Members  
Huffman   and Arambula 
    (   Principal coauthor:   Senator 
Pavley   ) 
    (   Coauthors:  
Assembly Members   Tom Berryhill,  
  Fletcher,    
and Fuller   ) 

                        MARCH 1, 2010

    An act to amend Section 17516 of the Government Code, and
to amend Sections 175, 182, 186, 1055, 1055.2, 1228.5, 1228.7, 1241,
1241.6, 1410, 1525, 1675, 1701.3, 1703.6, 1825, 13176, 13193, 13204,
13220, 13261, 13274, 13285, 13291, 13304.1, 13320, 13376, 13392,
13392.5, 13395.5, 13396.7, 13426, 13442, 13521, 13522, 13523,
13523.1, 13528, 13540, 13550, 13552.4, 13553, 13576, 13578, 13580.9,
13627, 13627.4, 13755, 13800, 13801, 13903, 13904, and 13952.1 of, to
amend the headings of Article 1 (commencing with Section 13300) and
Article 2 (commencing with Section 13320) of Chapter 5 of Division 7
of, to amend and renumber Section 13274 of, to add Section 13248 to,
and to repeal Sections 1062 and 1241.5 of, the Water Code, relating
to water.   An act to add Article 5 (commencing with
Section 1746) to   Chapter 10.5 of Part 2 of Division 2 of
the Water Code, relating to the State Water Resources Development
System. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2776, as amended,  Committee on Water, Parks and
Wildlife   Huffman .  Water.  
Transfers of water: agricultural use to municipal use.  
   Existing law authorizes the transfer or exchange of certain water
or water rights upon approval by the State Water Resources Control
Board of a petition to transfer the water or water rights.  

   Under existing law, the Department of Water Resources administers
water supply contracts pursuant to which water suppliers
(contractors) are supplied water from the State Water Resources
Development System (State Water Project), in accordance with the
California Water Resources Development Bond Act and other provisions
of law.  
   This bill would prohibit the department, with respect to a
contractual entitlement to water from the State Water Project, and
the state board, with respect to any other transfer of water or water
rights, from approving the transfer of surface water or water
rights, or a portion of a contractual entitlement to water from the
State Water Project, from agricultural use to municipal use for a
period of 20 years or more, unless the water user provides to the
department or the state board, as applicable, a written evaluation of
the economic, social, and environmental effects of the transfer upon
the service area from which the water is to be transferred. The bill
would prohibit a water user from replacing specified surface water
that is transferred from agricultural use to municipal use with
groundwater, unless the groundwater basin of the service area from
which the water is to be transferred is monitored in accordance with
specified requirements. The bill would require the department and the
state board to charge specified fees to a water user that is subject
to these provisions.  
   (1) Existing law establishes 9 California regional water quality
control boards. Each regional board consists of 9 members who are
appointed by the Governor and who serve 4-year terms. 

   This bill would extend the terms of 2 board members on each
regional board, as specified, to September 30, 2014. 

   (2) Existing law requires that, prior to the indoor use of
recycled water in a condominium project, the agency delivering the
recycled water to the condominium project file a report with the
regional board and receive written approval of the report from the
State Department of Public Health.  
   This bill instead would require the agency to file the report with
the State Department of Public Health. 
   (3) This bill would update cross-references in, and delete
obsolete provisions of, the Water Code, and make various other
technical or clarifying changes. 
   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.    Article 5 (commencing with Section
1746) is added to Chapter 10.5 of Part 2 of Division 2 of the 
 Water Code   , to read:  

      Article 5.  Transfers From Agricultural Use to Municipal Use


   1746.  (a) This article applies only to a transfer of surface
water or water rights, including any portion of a contractual
entitlement to water from the State Water Resources Development
System, from agricultural use to municipal use for a period of 20
years or more.
   (b) (1) A transfer described in subdivision (a), except a transfer
of any portion of a contractual entitlement to water from the State
Water Resources Development System, is subject to petition and
approval by the board pursuant to Article 2 (commencing with Section
1735).
   (2) A transfer described in subdivision (a) is subject to approval
by the department, if the transfer involves any portion of a
contractual entitlement to water from the State Water Resources
Development System.
   1746.5.  (a) (1) The board or the department, whichever is
applicable pursuant to subdivision (b) of Section 1746, shall not
approve a transfer of surface water or water rights subject to this
article from agricultural use to municipal use, unless the water user
prepares, or contracts for the preparation of, and provides to the
board or the department, as applicable, a written evaluation of the
economic, social, and environmental effects of the transfer upon the
service area from which the water is to be transferred.
   (2) The board or the department, as applicable, shall charge a
water user that is subject to this section a reasonable fee to cover
the agency's costs associated with the implementation of this
subdivision, including costs incurred for reviewing the evaluation
described in paragraph (1).
   (b) (1) A water user shall not replace transferred surface water
that is subject to this article with groundwater, unless the
groundwater basin of the service area from which the water is to be
transferred is regularly, systematically, and logically monitored in
accordance with Part 2.11 (commencing with Section 10920) of Division
6.
   (2) The department shall charge a water user that is subject to
this subdivision a reasonable fee to cover the department's costs
associated with the implementation of this subdivision, including
costs incurred by the department if the department is required to
perform groundwater monitoring functions pursuant to Section 10933.5
for purposes of this subdivision.  All matter omitted in this
version of the bill appears in the bill as amended in the Senate,
June 16, 2010. (JR11)