BILL ANALYSIS �
AB 964
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CONCURRENCE IN SENATE AMENDMENTS
AB 964 (Huffman and Chesbro)
As Amended August 18, 2011
Majority vote
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|ASSEMBLY: | |(May 19, 2011) |SENATE: |31-0 |(August 22, |
| | | | | |2011) |
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(vote not relevant)
Original Committee Reference: L. GOV.
SUMMARY : Provides a streamlined mechanism for small irrigation
uses, as defined, to obtain a water right from the State Water
Resources Control Board (SWRCB) by expanding the existing water
right registration process to include those uses.
The Senate amendments delete the Assembly version of this bill
and instead:
1)Define small irrigation use as an irrigation use, heat control
use, or frost protection use, not to exceed diversion to
storage of 20 acre-feet annually or direct diversion of 42,000
gallons per day up to a maximum of 20 acre-feet annually.
2)Add small irrigation to the existing uses for which an
applicant may obtain a right to appropriate water by
registering with the SWRCB.
3)Limit the total combined water use covered by registrations to
one registration per 20 irrigated acres and, on all acreage
covered by the registrations including any water use based on
other rights, 100 acre-feet.
4)Require the SWRCB to establish general conditions for small
irrigation use to protect instream beneficial uses before the
small irrigation registration process can be used.
5)Make the SWRCB's duty to establish general conditions subject
to SWRCB having available funds.
6)Allow the SWRCB to adopt general conditions for some methods
of diversion or categories of small irrigation use before
establishing general conditions for others.
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7)Require, by June 30, 2012, that the SWRCB establish general
conditions for small irrigation uses for facilities used for
frost protection in the area of northern California Coastal
Streams, as defined, unless the SWRCB finds it has
insufficient funds to do so.
8)Make several conforming changes and technical corrections.
EXISTING LAW allows any person to obtain a right to appropriate
water for a small domestic or livestock stockpond uses, as
defined, by registering the use with the SWRCB and then putting
the water to reasonable and beneficial use, subject to certain
conditions. These conditions include:
1)There is water available for appropriation.
2)The proposed source of water is not a stream that the SWRCB
has declared to be fully appropriated. The source may be a
stream that the SWRCB has declared conditionally fully
appropriated if the registration is consistent with those
conditions.
3)The proposed source of water is not a stream segment for which
the Department of Fish and Game (DFG) has established proposed
streamflow requirements.
4)The use may not exceed direct diversion of 4,500 gallons per
day or diversion by storage of 10 acre-feet per year.
5)The number of registrations in effect at any time do not
exceed:
a) One registration for small domestic use; and,
b) One per 50 acres for livestock stockpond use.
6)Each person with a registration of water use is required to
pay an annual fee according to a fee schedule established by
the SWRCB and registrations of water use are required to be
renewed every five years.
7)The SWRCB has established general conditions for all
appropriations for water for small domestic or livestock
stockpond use that include:
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a) The appropriation is subject to prior rights;
b) All conditions lawfully required by DFG are
conditions upon the appropriations;
c) Diversion works shall be constructed and water
applied to beneficial use with due diligence; and,
d) Registration shall be renewed and water use reported
pursuant to law and to the rules of the SWRCB.
AS PASSED BY THE ASSEMBLY , this bill addressed sanitary sewer
overflows from aged, cracked and leaking sewer laterals, which
are the pipes that connect buildings to the public sewer main.
This bill encouraged public agencies to adopt 10-year plans to
eliminate their sanitary sewer overflows and to administer
low-cost loans to aid property owners in replacing laterals.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)Upfront costs of about $130,000 per year to the SWRCB for two
years to develop general conditions for small irrigation use
registrations and then about $130,000 per year to process
registrations, offset by annual reduced costs because
individuals can use the small irrigation use registration
process rather than a more complicated water rights
application. Savings to the SWRCB estimated at $65,000
annually.
2)Onetime costs to DFG of about $35,000 to participate in the
development of the general conditions and additional unknown
minor cost increases to conduct environmental reviews of
proposed diversions for small irrigation use.
COMMENTS : This bill would provide vineyard owners and others
with the ability to obtain a water right in the form of a small
irrigation use registration. According to the author, budding
grape vines and certain other crops may be severely damaged by
spring frosts. Sprinklers can be used to protect vineyards
against frost but since the threat can affect all vineyards in a
particular area at the same time this can lead to a high
simultaneous water demand. Those uses combined with other water
uses may cause drops in river flows that are harmful to salmon
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and other fish. If a vineyard has an off-stream pond of an
adequate size, it can draw from its pond for frost protection
instead of directly from the stream thus reducing instantaneous
demand that can negatively affect fish and other aquatic
resources. The small irrigation use registration process could
be used to obtain an expedited water right for a pond that
stores less than 20 acre-feet annually. However, this bill is
not limited to frost protection uses. The SWRCB identified that
one quarter of its currently-pending water rights applications
are for uses of 20 acre-feet per year or less. Therefore, this
bill is expected to streamline permitting for some of those
small irrigation uses and help the SWRCB eliminate some of its
water right permitting backlog.
This bill includes environmental safeguards. In addition to
DFG's ability under existing law to impose project-specific
terms and conditions on water registrations, this bill requires
the SWRCB to develop general conditions that protect in-stream
beneficial uses before the small irrigation registration process
may be used. This bill allows the SWRCB to develop general
conditions for some areas or uses before others but mandates
that the SWRCB develop general conditions for frost protection
uses in the northern California coastal stream area by June 30,
2012, unless the SWRCB determines it has insufficient funds for
that purpose.
This bill specifies small irrigation registrations are subject
to the same fees as small domestic registrations and stockpond
registrations and makes a technical correction in describing
SWRCB appropriations.
This bill was substantially amended in the Senate to delete the
Assembly-approved provisions addressing septic sewer overflows
and insert language creating a new type of water right for small
irrigation uses, as defined, via registration with the SWRCB.
Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916)
319-2096
FN:
0002050
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