BILL ANALYSIS �
-----------------------------------------------------------------
| |
| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2011-2012 Regular Session |
| |
-----------------------------------------------------------------
BILL NO: AB 1578 HEARING DATE: June 12, 2012
AUTHOR: Logue URGENCY: No
VERSION: 4/17/12 CONSULTANT: Dennis O'Connor
DUAL REFERRAL: Governance and FinanceFISCAL: Yes
SUBJECT: Indian Valley Watermaster District
BACKGROUND AND EXISTING LAW
The State established the Watermaster Program in 1924. The
main purpose of the program is to ensure that an unbiased and
qualified person allocates water according to established water
rights and water rights laws. Watermaster service areas are
created by the Department of Water Resources (DWR) either at the
request of water users or by order of the Superior Court.
The first watermaster service area (WSA) was formed in September
1929. Each WSA corresponds to a distinct set of rivers and
streams. DWR currently provides watermaster services in 12 WSAs
in Northern California.
In its role as Watermaster, DWR exercises powers and
responsibilities assigned to the department specifically by Part
4 "Distribution Of Water In Watermaster Service Areas" in
Division 2, of the Water Code, as well as powers and
responsibilities broadly assigned to the department by the Water
Code, such as Section 275's requirement that DWR take all
appropriate actions to prevent waste unreasonable use,
unreasonable method of use, or unreasonable method of diversion
of water.
One of the WSAs is the Indian Creek WSA in Plumas County. The
water rights were initially determined by decree of the Plumas
County Superior Court in 1950.
PROPOSED LAW
This bill would create the Indian Valley Water Master District.
Specifically, the bill would:
Establish the boundaries of the district.
1
Establish a five member board of directors to govern the
district.
Establish that the district would be deemed a landowner voting
district, except that each voter would have one vote.
Provide that the district would serve as watermaster of any
appointed decree.
Provide that the district, in its duties as watermaster, have
the powers and duties set forth in Part 4 "Distribution Of
Water In Watermaster Service Areas" in Division 2, of the
Water Code, except that all references to DWR in that Part
would be deemed references to the district, and all references
to the Water Resources Revolving Fund would be deemed
references to the district's fund.
Require charges levied by the district to comply with Article
XIIID of the Constitution.
State that the decree complies with Section 100 of the Water
Code. Would further require the actions of the district and
watermaster to be consistent with the intent of the decree.
ARGUMENTS IN SUPPORT
According to the author, "In 2011, the Legislature eliminated
all General fund support for state watermaster services, forcing
the DWR to dramatically increase fees on residents throughout
California. In Indian Valley alone, fees are now five times
higher than in 2010. The purpose of this bill is to transfer
responsibility for watermaster services from the DWR to the
residents of Indian Valley, allowing them to more efficiently
control their services at the local level. The bill would
provide for a self-sustaining watermaster district based on fees
paid."
ARGUMENTS IN OPPOSITION: None Received
COMMENTS
Similar To Previous Actions. The operative provisions of this
bill is virtually the same as AB 1580 (LaMalfa, 2007) and SB 516
(Aanestad, 2007), which created the Scott Valley and Shasta
Valley Watermaster District Act and the Shasta-Tehema County
Watermaster District Act, respectively.
Other Duties. The Assembly Local Government Committee analysis
of the March 29, 2012 version of this bill observed "The
Committee may wish to consider asking the author to take
amendments to clarify that the District's actions shall be
consistent with ensuring that the water resources of the state
be put to beneficial use to the fullest extent of which they are
capable. This is already a requirement for the DWR when it acts
2
as watermaster."
As staff notes above in Background And Existing Law, DWR does
indeed exercise a variety of powers and responsibilities not
specifically enumerated in Part 4 of Division 2 of the Water
Code. Unfortunately, the amendments taken in the Assembly Local
Government Committee suggest that the decree itself addresses
some of these responsibilities, when, in fact, the decree is
silent on such continuing oversight responsibilities. (See
Suggested Amendments)
Dual Referred to Governance and Finance. That committee will
more fully address the governance structure and financing issues
of the proposed district.
SUGGESTED AMENDMENTS
AMENDMENT 1: On page 20, lines 23 and 24, delete "have the
powers and duties that are set forth as powers and duties
of the department" and insert:
assume all powers and duties previously assigned to the
department in its role as watermaster. These powers and
duties include, but are not limited to, those set forth
AMENDMENT 2: On page 20, delete lines 33 through 35
inclusive
SUPPORT
California Cattlemen's Association
Plumas County Board of Supervisors
OPPOSITION
None Received
3