Amended in Assembly April 21, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1914

Introduced by Assembly Member Chesbro

February 19, 2014

An act to add Section 1394.5 to the Water Code, relating to water.

LEGISLATIVE COUNSEL’S DIGEST

AB 1914, as amended, Chesbro. Water resources: permits: terms and conditions begin insert : Trinity River end insert .

Under existing law, the State Water Resources Control Board is required to issue a water permit upon approval of an application if certain facts exist subject to specified terms and conditions. Existing law authorizes the board to reserve jurisdiction, in whole or in part, to amend, revise, supplement, or delete terms and conditions in a permit under specified circumstances.

This bill would require the board, when approving an application for a water permit or an application for renewal or amendment of a water permit that affects begin delete the Lower Klamath River or end delete the Trinity River, begin insert excluding tributaries, end insert to conform the use of that permit to the minimum instream flows established by the United States Department of the Interior’s Record of Decision, Trinity River Mainstem Fishery Restoration, Final Environmental Impact Statement/Environmental Impact Report, adopted December 19, 2000, and to adopt specified requirements.

The bill would require the board to reserve jurisdiction over any permit affecting begin delete the Lower Klamath River or end delete the Trinity River begin insert , excluding tributaries, end insert and to apply the terms and conditions adopted pursuant to the above-specified provisions to any existing permit affecting begin delete the Lower Klamath River or end delete the Trinity River, begin insert excluding tributaries, end insert including, but not limited to, a permit issued for unappropriated water, for water under an existing right, for an amount of water over that which is available under an existing right to meet the beneficial use requirements of a project, or for an amount of water reasonably necessary for any other identified beneficial use.

begin insert

The bill would provide that these provisions do not diminish, impair, or otherwise affect in any manner whatsoever any area of origin, watershed of origin, county of origin, or any other water rights protections, including, but not limited to, rights to water appropriated prior to December 19, 1914, provided under the law, or limit or otherwise affect the application of other specified provisions of law.

end insert

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 1394.5 is added to the Water Code, to
read:

1394.5.  

(a) When approving an application for a water permit
or an application for renewal or amendment of a water permit that
affects begin delete the Lower Klamath River or end delete the Trinity River, begin insert excluding
tributaries, end insert the board shall conform the use of that permit to the
minimum instream flows established by the United States
Department of the Interior’s Record of Decision, Trinity River
Mainstem Fishery Restoration, Final Environmental Impact
Statement/Environmental Impact Report, adopted December 19,
2000, and do begin delete all end delete begin insert both end insert of the following:

begin delete

(1) Designate the Lower Klamath River, from the confluence
of the Trinity River downstream to the Pacific Ocean, and the
Trinity River, from Trinity Dam to the confluence of the Klamath
River, as an authorized place of use.

(2)

end delete

begin insert (1) end insert  Adopt the Trinity River temperature water quality objectives
contained in the Water Quality Control Plan for the North Coast
Region as standard permit terms and conditions.

begin delete

(3)

end delete

begin insert (2) end insert  Adopt minimum cold water carryover storage operational
criteria to ensure compliance with the Water Quality Control Plan
for the North Coast Region temperature objectives for the Trinity
River.

(b) The board shall reserve jurisdiction over any permit affecting
begin delete the Lower Klamath River or end delete the Trinity River begin insert , excluding
tributaries, end insert and apply the terms and conditions adopted pursuant
to subdivision (a) to any existing permit affecting begin delete the Lower
Klamath River or end delete the Trinity River, begin insert excluding tributaries, end insert
including, but not limited to, a permit issued for unappropriated
water, for water under an existing right, for an amount of water
over that which is available under an existing right to meet the
beneficial use requirements of a project, or for an amount of water
reasonably necessary for any other identified beneficial use.

begin insert

(c) This section does not diminish, impair, or otherwise affect
in any manner whatsoever any area of origin, watershed of origin,
county of origin, or any other water rights protections, including,
but not limited to, rights to water appropriated prior to December
19, 1914, provided under the law. This section does not limit or
otherwise affect the application of Article 1.7 (commencing with
Section 1215) of Chapter 1 of Part 2 of Division 2, Sections 10505,
10505.5, 11128, 11460, 11461,11462, and 11463, and Sections
12200 to 12220, inclusive.

end insert