BILL NUMBER: SB 1247	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Gaines

                        FEBRUARY 23, 2012

   An act to amend Sections 4201, 4227, 4251, 4252, 4327 and 4357 of,
and to add Sections 4250 and 4405 to, the Water Code, relating to
water.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1247, as introduced, Gaines. Watermaster service areas: cost of
administration.
   Existing law requires the Department of Water Resources to divide
the state into watermaster service areas for the purpose of
distributing water in accordance with certain water right
determinations. Existing law authorizes the department to incur costs
and make expenditures as necessary to provide for the administration
of a service area and the distribution of water therein. Existing
law requires the water rightholders to pay all of those costs.
   This bill would reduce the amount of costs to be paid by the water
rightholders and instead would require the department to pay an
unspecified percent of watermaster costs and make conforming 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.  Section 4201 of the Water Code is amended to read:
   4201.   All   ____ percent  of the cost
of administration of a service area and the distribution of water
therein shall be paid by  the state and ____ percent by  the
owners of the rights to divert or store water within the service
area as provided in this chapter.
  SEC. 2.  Section 4227 of the Water Code is amended to read:
   4227.  The statement shall also contain an apportionment of 
____ percent of  the amount of the budget among the owners of
the various rights to store or divert within the service area.
  SEC. 3.  Section 4250 is added to the Water Code, to read:
   4250.  As used in this article, "owners expense" means ____
percent of the total amount of the budget for the service area.
  SEC. 4.  Section 4251 of the Water Code is amended to read:
   4251.  One-tenth of the  budget for the service area
  owners expense  shall be apportioned equally
among the respective ownerships of all water rights involved, and
except as otherwise provided in this article the remaining
nine-tenths shall be apportioned among the ownerships of the
respective water rights in accordance with the quantities of water
that the owners of the respective water rights are entitled to store
or divert within the service area.
  SEC. 5.  Section 4252 of the Water Code is amended to read:
   4252.  In all cases of rights to divert the direct flow of a
stream, without storage, for power development or other
nonconsumptive use, where the entire flow so diverted, with the
exception of reasonable transportation losses, is returned to the
same stream system above the next lower diversion, the owners of
these rights shall share on account of these rights only in the equal
apportionment of one-tenth of the  budget for the service
area  owner's expense  , and shall not share in so
far as these rights are concerned in the apportionment of the
remaining nine-tenths.
  SEC. 6.  Section 4327 of the Water Code is amended to read:
   4327.  The statement shall be submitted on or before the first day
of September of the year preceding that for which it is made 
and shall apportion ____ percent of the budget it contains to the
association  .
  SEC. 7.  Section 4357 of the Water Code is amended to read:
   4357.   The   ____ percent of the 
expenditures for the supervision of the distribution of water in any
service area shall be paid from that portion or account of the Water
Resources Revolving Fund credited on the department's books to that
service area, upon claims approved by the department and otherwise
audited and approved as may be required in the case of other claims
against the state.
  SEC. 8.  Section 4405 is added to the Water Code, to read:
   4405.  ____ percent of the cost of the work to be performed by the
department in rendering watermaster service and incidental duties
required under the order or decree shall be paid by the state and the
remainder shall be paid by the owners and deposited by the
department and deposited by the department as received from the
respective owners.