BILL NUMBER: SB 1386 CHAPTERED
BILL TEXT
CHAPTER 215
FILED WITH SECRETARY OF STATE AUGUST 28, 2012
APPROVED BY GOVERNOR AUGUST 28, 2012
PASSED THE SENATE AUGUST 13, 2012
PASSED THE ASSEMBLY AUGUST 9, 2012
AMENDED IN ASSEMBLY JULY 3, 2012
AMENDED IN SENATE APRIL 12, 2012
INTRODUCED BY Senator Lowenthal
FEBRUARY 24, 2012
An act to amend Section 71610 of the Water Code, relating to
water.
LEGISLATIVE COUNSEL'S DIGEST
SB 1386, Lowenthal. Municipal water districts: water storage:
groundwater.
The Municipal Water District Law of 1911 provides for the
formation of municipal water districts and grants to those districts
specified powers. Existing law permits a district to acquire,
control, distribute, store, spread, sink, treat, purify, recycle,
recapture, and salvage any water for the beneficial use of the
district, its inhabitants, or the owners of rights to water in the
district.
This bill would prohibit a district located in a county with a
population greater than 8 million persons and where at least 80% of
the area of the district is included within the boundaries of a water
replenishment district from having specified authority relating to
the storage of groundwater.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 71610 of the Water Code is amended to read:
71610. (a) Except as provided in subdivision (b), a district may
acquire, control, distribute, store, spread, sink, treat, purify,
recycle, recapture, and salvage any water, including sewage and storm
waters, for the beneficial use or uses of the district, its
inhabitants, or the owners of rights to water in the district.
(b) For a district located in a county with a population greater
than 8 million persons and where 80 percent of the area of the
district is included within the boundaries of a water replenishment
district organized pursuant to Division 18 (commencing with Section
60000), the district shall have no authority to do any of the
following:
(1) Manage, control, or administer the importation of water for
the storage of groundwater.
(2) Store water underground except pursuant to either of the
following:
(A) A contract with an independent holder of adjudicated
groundwater extraction rights within the boundaries of the district
and for the account of the water rights holder.
(B) A court order issued by a court having jurisdiction over the
adjudication of groundwater extraction rights within the groundwater
basin where storage is sought.