BILL NUMBER: SB 1247	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 26, 2012

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 amended, 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
  authorize the department to pay up to 50% of
watermaster costs, to the extent that funds are appropriated for this
purpose, and require  the water rightholders  and
instead would require the department to pay an unspecified percent
  to pay the remainder  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.   ____   To the extent that funds are
appropriated for this purpose, up to 50  percent of the cost of
administration of a service area and the distribution of water
therein  shall   may  be paid by the
 state   department  and  ____
percent by   the   remainder shall be paid 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  to be paid
by the owners  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  
  "   owner's  expense" means  ____
percent of  the total amount of the budget for the service
area  less any amount paid by the department  .
  SEC. 4.  Section 4251 of the Water Code is amended to read:
   4251.  One-tenth of the  owners   owner's
 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 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  that is to be paid by the owners  to the
association.
  SEC. 7.  Section 4357 of the Water Code is amended to read:
   4357.   ____ percent of the   The 
expenditures for the supervision of the distribution of water in any
service area  that is to be paid by the owners  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.   ____   Up to 50  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   may  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.