SB 1247 Senate Bill

BILL NUMBER: SB 1247	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 16, 2012
	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 , until January 1, 2014,  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 to pay the remainder of watermaster  costs and
  costs. This bill would also  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   (a)     Until
January 1, 2014, and 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 may be paid by
the department and 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. 
   (b) Beginning January 1, 2014, the cost of administration of a
service area and the distribution of water therein 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 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, "owner's expense" means the total
amount of the budget for the service area less  any 
 the  amount paid by the department  , if any  .
  SEC. 4.  Section 4251 of the Water Code is amended to read:
   4251.  One-tenth of the 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 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.   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   (a)     Until
January 1, 2014, 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 may be paid by
the state and the remainder shall be paid by the owners and deposited
by the department as received from the respective owners. 
   (b) Beginning January 1, 2014, 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 owners and deposited by the department as received from the
respective owners.