BILL NUMBER: SB 1340 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 2012
INTRODUCED BY Senator La Malfa
( Coauthor: Assembly Member
Nielsen )
FEBRUARY 24, 2012
An act to add Section 1487 to , and to add and repeal Section
1488 of, the Water Code, relating to water resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 1340, as amended, La Malfa. Appropriation of water: Sewerage
Commission Oroville.
Under existing law, the State Water Resources Control Board
(state board) administers a water rights program pursuant to
which the state board grants permits and licenses to appropriate
water.
Existing law requires the owner of a wastewater treatment plant to
obtain the approval of the state board prior to making any changes
in the point of discharge, place of use, or purpose of use of treated
wastewater, and requires the state board to review the proposed
changes in accordance with prescribed procedures.
Existing law authorizes any municipality, governmental agency, or
political subdivision operating a waste disposal plant that
discharges water meeting the requirements of the appropriate regional
board into the San Joaquin River to file an application for a permit
to appropriate an equal amount of water, as adjusted for seepage and
other factors, downstream from the disposal plant and out of the San
Joaquin River or the Sacramento-San Joaquin Delta, which water may
be sold or utilized for any beneficial purpose. Existing law
authorizes the state board to grant the permit to appropriate on such
terms and conditions as in the board's judgment are necessary for
the protection of the rights of others.
Existing law authorizes the Sacramento Regional County Sanitation
District to discharge treated wastewater meeting the requirements of
the California Regional Water Quality Control Board, Central Valley,
into the Sacramento River, and to file an application for a permit to
appropriate an equal amount of water, as adjusted for seepage and
other factors, downstream from the disposal plant and out of the
Sacramento River or the Sacramento-San Joaquin Delta, which water may
be sold or utilized for any beneficial purpose. Existing law
authorizes the state board to grant the permit to appropriate on such
terms and conditions as in the board's judgment are necessary for
the protection of the rights of others.
This bill would authorize the Sewerage Commission Oroville to file
an application for a permit to appropriate a specified amount of
water that is based on the volume of treated wastewater that it
discharges into the Feather River, as specified. The bill would
authorize the state board to grant a permit to appropriate that
treated wastewater upon terms and conditions determined by the state
board. The bill would require the board, prior to granting a permit
pursuant to these provisions, to comply with permit, approval, and
review requirements and other laws applicable to the appropriation of
water.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the Sewerage Commission
Oroville.
The bill would require the state board to prepare a report and to
submit it to the Legislature by July 1, 2013, assessing the potential
cumulative effects of the above-described discharge and
appropriation provisions on the use of water rights by current water
rights holders, the ability to meet or exceed instream flow standards
in the Sacramento and San Joaquin rivers, and the ability to meet or
exceed water quality standards in the Sacramento-San Joaquin Delta
and in the Sacramento and San Joaquin rivers.
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 1487 is added to the Water Code, to read:
1487. (a) The Sewerage Commission Oroville, and any successor
thereto, with respect to treated wastewater produced by the
sanitation district that meets the requirements of the California
Regional Water Quality Control Board, Central Valley, as may be
amended or modified, and that is discharged into the Feather River,
may file an application with the State Water Resources Control Board
for a permit to appropriate an amount of water up to the amount of
treated wastewater that the Sewerage Commission Oroville discharges
into the Feather River, less diminution by seepage, evaporation,
transportation, or other natural causes between the point of
discharge from the wastewater treatment plant and the point of
diversion out of the Feather River.
(b) Upon application for a permit to appropriate water pursuant to
subdivision (a), the state board may grant the permit subject to the
terms and conditions as in the board's judgment are necessary for
the protection of the rights of any legal user of the water.
(c) Prior to the state board granting a permit under subdivision
(b), the board shall comply with the provisions of
Part 2 (commencing with Section 1200) of Division 2, and other
applicable law, and may impose terms and conditions authorized
thereunder.
(d) Water appropriated in accordance with this section may be sold
or utilized for any beneficial purpose.
SEC. 2. Section 1488 is added to the
Water Code , to read:
1488. (a) The State Water Resources Control Board shall prepare a
report to be submitted to the Legislature assessing the potential
cumulative effects of the application of this article on the
following:
(1) The use of water rights by current water rights holders.
(2) The ability to meet or exceed instream flow standards for the
Sacramento and San Joaquin rivers.
(3) The ability to meet or exceed water quality standards for the
Sacramento and San Joaquin rivers.
(b) The board shall submit its report prepared pursuant to
subdivision (a) to the Legislature by July 1, 2013.
(c) (1) The report submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on July 1, 2017.
SEC. 2. SEC. 3. The Legislature
finds and declares that a special law is necessary and that a general
law cannot be made applicable within the meaning of Section 16 of
Article IV of the California Constitution because of the unique
problems applicable to the full utilization of the waters of the
Feather River, into which treated wastewater discharged by the
Sewerage Commission Oroville flows.