BILL ANALYSIS �
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2011-2012 Regular Session |
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BILL NO: AB 134 HEARING DATE: June 28, 2011
AUTHOR: Dickinson URGENCY: No
VERSION: April 15, 2011 CONSULTANT: Dennis O'Connor
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Appropriation of Water: Sacramento Regional County
Sanitation District
BACKGROUND AND EXISTING LAW
Under existing law:
Any person or entity may apply to the State Water Resources
Control Board (SWRCB) for a permit to appropriate water.
The board may issue a permit to appropriate water to any
applicant provided, among other things, that the water is put
to a reasonable and beneficial use, the exercising of the
rights under the permit would not harm any other legal water
rights holder, and the exercising of the right would not
unreasonably harm fish and wildlife. The State Water Board is
further authorized to impose conditions on the permits to
ensure those protections are realized.
The board must reject an application to appropriate water when
in its judgment the proposed appropriation would not best
conserve the public's interests.
The owner of a waste water treatment plant has the exclusive
right to the treated wastewater.
Also under existing law, there is a clearly delineated process
for:
Petitioning the board to change the point of water diversion
and/or place of use of appropriated water.
Petitioning the board to transfer or exchange water or water
rights on either a short term or long term basis.
Petitioning the board to change the point of discharge, place
of use, or purpose of use of treated wastewater.
PROPOSED LAW
This bill would:
Authorize the Sacramento Regional County Sanitation District
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(Sac Regional) to apply for a permit to appropriate an amount
of water up to the amount of treated wastewater that is
discharged into the Sacramento River.
Authorize the SWRCB to grant the permit subject to the terms
and conditions as in the board's judgment are necessary for
the protection of the rights of any legal user of the water.
Require the SWRCB to comply with the provisions of the water
code governing the appropriation of surface water and other
applicable law, and authorize the board to impose terms and
conditions authorized under those laws.
Allow water appropriated under the provisions of this bill to
be sold or utilized for any beneficial purpose.
Declare that a special law is necessary because of the unique
problems applicable to the full utilization of the waters of
the Sacramento River and the Sacramento-San Joaquin Delta,
into which flows treated wastewater discharged by Sac
Regional.
ARGUMENTS IN SUPPORT
According to the author, "This legislation would provide an
additional procedural option for �Sac Regional] to realize the
benefit of its treated wastewater discharges. Depending on the
outcome of its anticipated permit application to the State Board
to appropriate water up to an amount equal in volume to its
discharge, �Sac Regional] could potentially market that water to
willing purchasers, thereby offsetting part of what has been
estimated to be nearly $2.1 billion in treatment plant upgrades
that will be necessary to comply with recent regulatory actions
taken by the Central Valley Regional Water Quality Control Board
('Regional Board')."
ARGUMENTS IN OPPOSITION
Six Southern California water agencies submitted a letter
stating "Although several of our previous concerns have been
addressed in amendments to the bill, we remain opposed due to
the precedent it creates as other wastewater dischargers would
be encouraged to seek similar authorization to appropriate their
effluent discharges. In addition, we are concerned that the
'market opportunities' the bill would provide to SRCSD can
actually serve as a disincentive for water conservation in the
region."
COMMENTS
Is This Bill Necessary? Part 1. Current law already authorizes
everything authorized in this bill and all actions the sponsor
purportedly is contemplating. It is not clear what additional
powers, duties, or authorities this bill would create, if any.
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Is This Bill Necessary? Part 2. Given the recent Regional Board
requirement that Sac Regional upgrade its waste water treatment
system, Sac Regional is understandably exploring numerous
options to develop additional funding sources to help offset its
estimated $2.1 billion price tag. However, at this point Sac
Regional does not have a specific project in mind. Instead, it
is exploring its various project options. Consequently, it is
not clear what changes in current law would be necessary or
desirable to aid Sac Regional's ultimate project or projects.
Camel's Nose? A number of other upstream Sacramento River
interests have expressed interest to the sponsors, either
directly or indirectly, in having similar authorizations as
provided by this bill. Should this bill be enacted, it would
not be surprising to see similar such bills introduced in the
not so distant future.
Based on �1485. The new section added by this bill is patterned
after �1485, which granted similar authorities to any wastewater
treatment plants that disposed of water into the San Joaquin
River. That section was created in 1961 and last amended in
1967 - before water law was expanded to address issues of water
recycling, short and long term water transfers, etc.
Status of Opposition. When this bill was first analyzed in
Assembly Water Parks & Wildlife, the analysis listed 52 entities
in opposition. Since then, the author has substantially amended
the bill. This committee is in possession of letters removing
opposition from 22 of the 52 previous opponents. Of the
remaining 30, this committee has letters reaffirming their
opposition from 5 entities (including one that previously
withdrew its opposition) and one new opponent. It is not clear
what the current position of the other 25? previously opposed
entities is.
SUGGESTED AMENDMENTS: None
SUPPORT
Sacramento Regional County Sanitation District (Sponsor)
American Rivers
California Apartment Association
California Association of Sanitation Agencies
California League of Food Processors
California Teamsters Public Affairs Council
Campbell Soup Company
Central Contra Costa Sanitary District
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City of Citrus Heights
City of Elk Grove
City of Rancho Cordova
City of Sacramento
City of West Sacramento
Congresswoman Doris Matsui
County of Sacramento
County of Yolo
Downtown Sacramento Partnership
Marriott Cal Expo Properties
Midtown Business Association
Nor-Cal Beverage Co., Inc.
North State Building Industry Association
Rental Housing Association of Sacramento Valley
Sacramento Metro Chamber
The Nature Conservancy
The River District
OPPOSITION
Cucamonga Valley Water District
Eastern Municipal Water District
Irvine Ranch Water District
Metropolitan Water District of Southern California
Three Valleys Municipal Water District
Upper San Gabriel Valley Municipal Water District
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