Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2619

Introduced by Assembly Member Beth Gaines

February 21, 2014

An act to amend Section begin delete 10931 of the Water Code, relating to groundwater end delete begin insert 5937 of the Fish and Game Code, relating to water end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 2619, as amended, Beth Gaines. begin delete Groundwater monitoring. end delete begin insert Dams: fish: critically dry year. end insert

begin insert

Existing law requires that the owner of any dam allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around, or through the dam, to keep in good condition any fish that may be planted or exist below the dam. Existing law authorizes the Department of Fish and Game, during the minimum flow of water in any river or stream, to grant permission to the dam owner to allow sufficient water to pass through a culvert, waste gate, or over or around the dam, to keep in good condition any fish that may be planted or exist below the dam, when, in the judgment of the department, it is impracticable or detrimental to the owner to pass the water through the fishway.

end insert begin insert

This bill would prohibit these provisions from applying during a critically dry year.

end insert begin delete

Existing law establishes a groundwater monitoring program, in accordance with prescribed procedures, and requires the Department of Water Resources to work cooperatively with each monitoring entity, as defined, to determine the manner in which groundwater elevation information should be reported to the department. Existing law, for the purposes of the groundwater monitoring program, authorizes the department to make recommendations for improving an existing monitoring program and to require additional monitoring wells under certain circumstances.

end delete begin delete

This bill would make a technical, nonsubstantive change in these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 5937 of the end insert begin insert Fish and Game Code end insert begin insert is
amended to read: end insert

5937.  

begin delete The end delete begin insert (a) end insert begin insert   end insert begin insert Except as provided in subdivision (b), the end insert owner
of any dam shall allow sufficient water at all times to pass through
a fishway, or in the absence of a fishway, allow sufficient water
to pass over, around begin insert , end insert or through the dam, to keep in good condition
any fish that may be planted or exist below the dam. During the
minimum flow of water in any river or stream, permission may be
granted by the department to the owner of any dam to allow
sufficient water to pass through a culvert, waste gate, or over or
around the dam, to keep in good condition any fish that may be
planted or exist below the dam, when, in the judgment of the
department, it is impracticable or detrimental to the owner to pass
the water through the fishway.

begin insert

(b) In order for human consumption of water to take priority
over other beneficial uses of water, this section shall not apply
during a critically dry year.

end insert

begin delete

SECTION 1.  

Section 10931 of the Water Code is amended to
read:

10931.  

(a) The department shall work cooperatively with each
monitoring entity to determine the manner in which groundwater
elevation information should be reported to the department pursuant
to this part. In determining what information should be reported
to the department, the department shall defer to existing monitoring
programs if those monitoring programs result in information that
demonstrates seasonal and long-term trends in groundwater
elevations. The department shall collaborate with the State
Department of Public Health to ensure that the information reported
to the department will not result in the inappropriate disclosure of
the physical address or geographical location of drinking water
sources, storage facilities, pumping operational data, or treatment
facilities.

(b) (1) For the purposes of this part, the department may
recommend improvements to an existing monitoring program,
including recommendations for additional monitoring wells.

(2) The department may not require additional monitoring wells
unless funds are provided for that purpose.

end delete