AB 2759, as introduced, Committee on Water, Parks and Wildlife. Interstate water rights.
(1) Existing law provides that, with regard to a stream flowing across the state boundary, a right of appropriation having the point of diversion and place of use in another state and recognized by the laws of that state has the same force and effect as if the point of diversion and place of use were in this state.
(2) Existing law provides that the provisions described in (1) apply to any appropriation or change in point of diversion, place of use, or purpose of use under a right to the use of waters from the Truckee River if the appropriation or change is made pursuant to a specified operating agreement entered into by the United States, the State of Nevada, and this state.
Existing law provides that the provisions described in (1) do not apply to interstate lakes or streams flowing in or out of those lakes.
This bill would recast these provisions.
(3) Existing law provides that the provisions described in (1) do not apply to the Walker River and its tributaries or claimed rights of appropriation from the Walker River in the State of Nevada.
This bill would provide that the provisions described in (1) apply to a right to the use of waters from the Walker River and its tributaries if the appropriation or change is not inconsistent with a prescribed court decree.
(4) Existing law provides that an appropriation of water in this state from a stream flowing into this state for beneficial use in another state may be made only when, under the laws of the other state, water may be diverted in that state for beneficial use in this state. Existing law provides that the entire flow of water in any natural stream which carries water from this state into any other state is subject to use in this state under the laws of this state and that the rights to the use of this water held under the laws of this state are prior and superior to any rights to the waters of these streams held under the laws of any other state.
This bill would repeal these provisions. This bill would provide, if the waters of an interstate body of water have been allocated between California and another state or Indian tribe by a compact, United States Supreme Court decree, or other appropriate method of allocating interstate waters, the State Water Resources Control Board is required to exercise its authority in a manner consistent with the rights and responsibilities of the State of California under that interstate allocation.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1410a of the Civil Code is repealed.
The entire flow of water in any natural stream which
3carries water from the State of California into any other state is
4subject to use in the State of California, under the laws of the State
5of California, and the right may be, so far as not already acquired
6by use in the State of California, acquired and held under the laws
7of the State of California. The rights to the use of such water held
8under the laws of the State of California, shall be prior and superior
9to any rights to the waters of such streams held under the laws of
10any other state.
Section 1230 of the Water Code is repealed.
Upon any stream flowing across the State boundary, an
13appropriation of water in this State for beneficial use in another
14State may be made only when, under the laws of the latter, water
15may be lawfully diverted therein for beneficial use in this State.
Section 1230 is added to the Water Code, to read:
If the waters of an interstate body of water have been
3allocated between California and another state or Indian tribe by
4a compact, United States Supreme Court decree, or other
5appropriate method of allocating interstate waters, the board shall
6exercise its authority under this division in a manner consistent
7with the rights and responsibilities of the State of California under
8that interstate allocation and Section 1231 does not apply to the
9extent it is inconsistent with that interstate allocation.
Section 1231 of the Water Code is amended to read:
begin deleteUpon any stream flowing across the state boundary a end delete
12begin insert(a)end insertbegin insert end insertbegin insertAend insertbegin insert end insertright of appropriationbegin delete havingend deletebegin insert from a stream that flows across
13the state boundary that hasend insert the point of diversion and the place of
14use in another state andbegin insert isend insert
recognized by the laws of that state shall
15have the same force and effect as if the point of diversion and the
16place of use were in this State if the laws of that state give like
17force and effect to similar rights acquired in this Statebegin delete; provided, .
18that this section shall not apply to the Walker River and its
19tributaries or claimed rights of appropriation therefrom in the State
20of Nevada, whether heretofore or hereafter initiatedend delete
21(b) Subdivision (a) does not apply to interstate lakes, or streams
22flowing in or out of those lakes. Subdivision (a) applies where an
23appropriation or change in point of diversion, place of use, or
24purpose of use is proposed or made under either of the following:
25(1) A right to the use of waters from the Truckee River if the
26appropriation or change is made pursuant to the operating
27agreement described in Section 205(a) of Public Law 101-618.
28(2) A right to the use of waters from the Walker River and its
29tributaries if the appropriation or change is not inconsistent with
30the decree entered in United States v. Walker River Irrigation
31District, et. al. United States District Court for the District of
32Nevada Equity No. C-125, filed April 15, 1936, including any
33amendments to that decree entered before or after January 1,
2015.
Section 1232 of the Water Code is repealed.
(a) Except as provided in subdivision (b), nothing in
36this article applies to interstate lakes, or streams flowing in or out
37of those lakes.
38(b) This article applies to any appropriation or change in point
39of diversion, place of use, or purpose of use under a right to the
40use of waters from the Truckee River if the appropriation or change
P4 1is made pursuant to the operating agreement described in Section
2205 (a) of Public Law 101-618.
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