BILL ANALYSIS �
AB 1914
Page 1
Date of Hearing: May 14, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1914 (Chesbro) - As Amended: April 21, 2014
Policy Committee: Water, Parks and
Wildlife Vote: 8-6
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires the State Water Resources Control Board
(SWRCB) to conform water permits that affect the Trinity River
to the instream flow requirements established by the federal
government.
FISCAL EFFECT
Significant costs of at least $1 million (Water Rights Permit
Fund) for SWRCB for proceedings and the preparation of an
environmental impact report necessary to revise water rights
permits affecting the Trinity River.
COMMENTS
1)Rationale. The Central Valley Improvement Act required the
United States Department of the Interior to determine instream
flow requirements and other actions necessary to restore and
maintain the river's anadromous fishery while continuing to
provide Central Valley Project (CVP) water supplies for
beneficial water and power uses.
In 2000, the Department of the Interior adopted the Trinity
River Record of Decision (ROD), a prescriptive restoration
plan that includes flow requirements. The flow requirements
of the ROD were never incorporated in the Bureau of
Reclamation's state water permit for the CVP.
According to the author, this bill is necessary to conform
state water rights to requirements in the ROD. According to
the California Water Impact Network, approximately half of the
AB 1914
Page 2
Trinity River water is allocated to in-basin uses and
maintenance of water quality and should be reflected in the
Bureau of Reclamation's water rights permits.
2)Background. The CVP delivers water through the Sacramento-San
Joaquin Delta to CVP contractors as far south as the San
Joaquin Valley. CVP facilities in the Trinity River
watershed divert water through the Trinity Alps. Over the
years, water exported from the Trinity River has adversely
affected water quality, fish and wildlife.
The ROD restoration plan was intended to result in a petition
to incorporate the instream flow and other requirements into
the Bureau's permits. Trinity County, acting as lead agency,
prepared an environmental impact report (EIR) but, after legal
challenges did not approve it. Without an EIR, SWRCB may not
approve a petition to alter a water rights permit.
3)Pending Litigation. According to the Westlands Water
District, pending litigation challenges water releases by the
Bureau of Reclamation for fisheries in the Lower Klamath River
claiming that over the past two years, the Bureau made fishery
releases in excess of the volumes prescribed by the ROD.
Additionally, SWRCB's water fee structures are currently being
challenged. If SWRCB is not successful in defending the water
rights fees, funds from the Water Rights Permit will not be
available to fulfill the requirements of this bill and instead
GF would be necessary.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081