BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2759
                                                                  Page  1

          Date of Hearing:   May 14, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                AB 2759 (Committee on Water, Parks and Wildlife) - As  
                            Introduced:   March 24, 2014

          Policy Committee:                              Water, Parks and  
          Wildlife     Vote:                            14-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill repeals unconstitutional Water Code provisions and  
          clarifies that the State Water Resources Control Board (SWRCB)  
          must administer the water rights of the Truckee and Walker  
          Rivers consistent with federal law.

           FISCAL EFFECT  

          No additional state costs.

           COMMENTS

          1)Purpose.   The purpose of this committee bill is to clarify  
            codes and remove or modify provisions of law that the U.S.  
            Supreme Court has determined are unconstitutional.

           2)Background.   California has outdated statutes regarding  
            present and future rights to interstate waters originating in  
            California unless the neighboring state has entered into a  
            reciprocity agreement.   The U.S. Supreme Court's 1982  
            decision in Sorphase v. Nebraska held that state attempts to  
            regulate interstate waters violate the Commerce Clause of the  
            U.S. Constitution.

            Unconstitutional statutes must be either removed by  
            legislation or the issue must reach an appellate court that  
            then deems it unconstitutional.  This bill prevents an  
            unconstitutional provision from being raised in litigation and  
            the time and expense of a Superior Court and appellate court  
            hearing to clarify.  This bill provides additional  








                                                                  AB 2759
                                                                  Page  2

            clarification on laws regarding the Truckee and Walker rivers  
            consistent with the U.S. Supreme Court decision.


           Analysis Prepared by  :    Jennifer Galehouse / APPR. / (916)  
          319-2081