BILL ANALYSIS �
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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BILL NO: AB 1905 HEARING DATE: June 24, 2014
AUTHOR: Alejo URGENCY: No
VERSION: February 19, 2014 CONSULTANT: Dennis O'Connor
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Water rights: small domestic, small irrigation, and
livestock stockpond use.
BACKGROUND AND EXISTING LAW
Existing law declares that "it is in the public interest to
provide a timely, efficient, and economic procedure for the
acquisition of rights to appropriate water for a small domestic
use, including incidental stock watering and irrigation uses, a
small irrigation use, and for a livestock stockpond subject to
prior rights."
Towards those ends, any person may obtain a right to appropriate
water for a small domestic, small irrigation, or livestock
stockpond use by first registering the use with the State Water
Resources Control Board (Board) and then putting the water to
reasonable and beneficial use with due diligence, (provided the
source of water is not a fully appropriated stream system). The
Board may establish other reasonable terms and conditions on the
registration as well.
"Small domestic use" is defined as a domestic use, including a
use for aesthetic, fire protection, recreational, or fish and
wildlife purposes that is associated with a dwelling or other
facility for human occupation, which does not exceed direct
diversion of 4,500 gallons per day or diversion to storage of 10
acre-feet per annum.
"Small irrigation use" is defined as either:
An irrigation use, heat control use, or frost protection use,
not to exceed diversion to storage of 20 acre-feet per annum,
including impoundment for incidental aesthetic, fire
protection, recreational, or fish and wildlife purposes.
An irrigation use not to exceed direct diversion of 42,000
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gallons per day, up to a maximum of 20 acre-feet per annum.
"Livestock stockpond" is defined as a water impoundment
structure constructed for livestock watering use not to exceed
direct diversion of 4,500 gallons per day, or diversion to
storage of 10 acre-feet per year and including impoundment for
incidental aesthetic, recreational, or fish and wildlife
purposes.
More than one registration and appropriation for small
irrigation use may be in effect at any time if the diversion or
storage facilities do not exceed the ratio of one per 20
irrigated acres, and if the total water use on all acreage
covered by the registrations, including any water use based on
other rights, does not exceed 100 acre-feet per annum.
Both a small domestic use registration and a small irrigation
use registration may be in effect for the same facility only if
the total combined water use covered by the registrations does
not exceed 20 acre-feet per annum.
More than one registration livestock stockpond use may be in
effect at any time if stockponds subject to registration for
that registrant do not exceed the ratio of one per 50 acres.
PROPOSED LAW
This bill would:
Expand the allowable uses for a livestock stockpond to include
incidental fire protection.
Authorize a small domestic use registration and a livestock
stockpond use registration to be in effect for the same
facility if the total combined water use covered by the
registrations does not exceed 10 acre-feet per annum.
Authorize a livestock stockpond use registration and a small
irrigation use registration to be in effect for the same
facility.
ARGUMENTS IN SUPPORT
According to the California Farm Bureau Federation, "Without
eliminating or increasing water storage classifications, this
bill will allow the [Board] to register a single water bond for
dual use."
"Currently, a single water bond can be registered for small
irrigation use and small domestic use, but not for small
irrigation use and as a small livestock stockpond. AB 1905
would improve water users' opportunities to develop economically
viable and ecologically sustainable water supplies by allowing
small livestock stockponds to also be registered for small
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irrigation use."
"The need for dual water pond registration is both practical and
useful. Under a small irrigation use permit, a farmer can use a
portion of their water bond to irrigate and protect crops from
damage. However, a small livestock stockpond registration does
not allow any use for crop irrigation or frost protection."
ARGUMENTS IN OPPOSITION: None
COMMENTS: None
SUGGESTED AMENDMENTS: None
SUPPORT
California Farm Bureau Federation (Sponsor)
California Association of Winegrape Growers
Lake County Farm Bureau
OPPOSITION: None Received
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