BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1199|
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THIRD READING
Bill No: SB 1199
Author: Hancock (D)
Amended: 5/28/14
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 7-2, 4/29/14
AYES: Pavley, Evans, Hueso, Jackson, Lara, Monning, Wolk
NOES: Cannella, Fuller
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Wild and scenic rivers: Mokelumne River
SOURCE : Foothills Conservancy
Friends of the River
DIGEST : This bill protects a nearly 37 mile portion of the
Mokelumne River in Calaveras and Amador Counties in the Sierra
Nevada as a "wild and scenic river" in the California Wild and
Scenic Rivers System (System), and protects existing and future
water rights.
Senate Floor Amendments of 5/28/14 clarify segments of the
Mokelumne River to be designated in the wild and scenic river
system, protect existing and future water rights of four water
districts in Amador and Calaveras Counties, and address the
elevation of the Pardee Reservoir.
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ANALYSIS :
Existing law:
1.Provides that the California Wild and Scenic Rivers Act (Act)
includes specified rivers and segments thereof within the
System, which are subject to various protections under the
Act.
2.Requires the Natural Resources Agency (Agency) to coordinate
the activities of state agencies whose activities affect the
rivers in the System, as specified, and to study and submit to
the Governor and the Legislature reports on the suitability or
nonsuitability of designated potential additions to the
System.
This bill:
1.Includes specified segments of the North Fork of the Mokelumne
River and the main stem of the Mokelumne River in the
California Wild and Scenic River statute. For the North Fork,
20 miles will be wild, while nine will be recreational. For
the main stem of the Mokelumne River, three miles will be
scenic, and 4.6 will be recreational. The designation of the
main stem will terminate at the upper extent of the Pardee
Reservoir flood surcharge pool at 580 feet elevation above
main sea level. A total of nearly 37 river miles will be
included.
2.Specifies that developed segments of the Mokelumne River, at
which PG&E has powerhouses, are not included in the wild and
scenic designations for the Mokelumne River.
3.Clarifies that the designation as wild and scenic will not
affect any historic, pending, or future water rights for the
Amador Water Agency, the Jackson Valley Irrigation District,
the Calaveras Public Utility District, and the Calaveras
County Water District.
Background
After several rounds of amendments since the Act's original
passage in 1972, California law now considers segments of the
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Smith River and tributaries, Klamath River and tributaries,
Scott River, Salmon River, Trinity River, Eel River, Van Duzen
River, North Fork of the American River, East Carson and West
Walker Rivers, South Yuba River, Albion and Gualala Rivers, and
Cache Creek as wild and scenic rivers. Segments of the McCloud
River, Deer Creek, and Mill Creek are also protected under the
Act although not formally designated. The Cache Creek
designation, which covers 31 miles of that stream, was the most
recent designation, in 2005.
Section 5093.50 of the Public Resources Code establishes the
policy of California to protect the designated segments of these
rivers in their free-flowing state for the benefit and enjoyment
of the people of the state. The law contains a declaration that
such use of these rivers is the highest and most beneficial use
of these rivers and constitutes a reasonable and beneficial use
within the meaning of the state constitution. Consequently,
these segments are considered fully appropriated by the
California Division of Water Rights. Those who obtain new water
rights may not "impair" the designated segments of wild and
scenic rivers.
Several dozen points of diversion for water supply have been
allowed on wild and scenic rivers. As one example, there are
nearly 50 water supply diversions on the Eel River and the Cache
Creek designation specifically excludes existing water rights of
several public agencies.
In 1982, there were several amendments to the Act including
provisions that eliminated the requirement of management plans
and for the Secretary for the Agency to manage designated river
segments to protect these rivers and the underlying reasons they
were initially designated as wild and scenic. Several other
amendments were made that year as well.
A 1986 amendment established a study process to consider future
additions to the System. Segments have been added to the System
as a result of such studies, but also by legislative action
without such studies.
Section 5093.67 and Section 5093.55 prohibit new dams or
diversion facilities on any river segment included in the System
except when necessary for local water supplies and when there
will be no adverse effect on the free-flowing condition of the
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river segment. The Secretary is authorized to make a
determination on new diversions in such river segments.
Other provisions require local governments to exercise their
land use authority in a manner consistent with the Act's
provisions. State agencies are required to protect designated
segments in the course of their normal statutory duties.
Designation of river segments does not affect the state's
jurisdiction or responsibility over fish and wildlife.
The Mokelumne River supports a system of water storage dams and
hydroelectric power plants, operated by East Bay Municipal
Utility District and PG&E which will not be included in the
segments designated as wild and scenic by this bill.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/28/14)
Foothill Conservancy (co-source)
Friends of the River (co-source)
AquAlliance
Amador County Democratic Central Committee
Amador Eye Care Associates
Amador Olive Oil
American Rivers
American Whitewater
Black Bear Inn
Blue Mountain Coalition for Youth and Families
Burger Bar
Butte Environmental Council
Calaveras County Board of Supervisors
Calaveras Planning Coalition
California Coastkeeper
California Rural Legal Assistance Foundation
California Save Our Streams Council
California Sportfishing Protection Alliance
California Striped Bass Association
California Valley Miwok Tribe
California Water Impact Network
California Wildlife Foundation
Center for Biological Diversity
Central Sierra Environmental Resource Center
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Citizens Water Watch
Clean Water Action
Community Water Center
Defenders of Wildlife
Delta Fly Fishers
Desal Response Group
Destination Angels Camp
Doke Sushi
Earth Law Center
Environmental Justice Coalition for Water
Environmental Protection Information Center
Fish Sniffer
Food and Water Watch
Goin' Postal
Golden West Women Flyfishers
Institute for Fisheries Resources
Jackson City Council Member, Keith Sweet
Jackson City Council Member, Marilyn Lewis
Karmere Vineyards
Karuk Tribe
Kirk's Hydro
Klamath Riverkeeper
Lower Sherman Island Duck Club
MyValleySprings.com
Natural Heritage Institute
Northern California Council Federation of Fly Fishers
O.A.R.S. Companies, Inc.
Pacific Coast Federation of Fisherman's Association
Petroglyphe Gallery
Planning and Conservation League
Restore the Delta
Sacramento River Preservation Trust
Santa Clarita for Planning and the Environment
Sierra Business Council
Sierra Club California
Sierra Club San Francisco Bay Chapter
Sierra Nevada Adventure Co., Inc.
Sierra Nevada Alliance
South Yuba River Citizens League
Southern California Watershed Alliance
Sutter Creek City Council Member, Tim Murphy
Terre Rouge and Easton Wines
The Feed Barn Country Store
Tuolumne River Trust
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Twisted Oak Winery
Upcountry News
Volcano Press
West Point News
Winnemen Wintu Tribe
OPPOSITION : (Verified 5/28/14)
Amador County Farm Bureau
Amador Water Agency
Amador Water Agency's Employee Association
Association of California Water Agencies
Calaveras County Water District
Calaveras-Amador Mokelumne River Joint Powers Authority
California Farm Bureau Federation
County of Amador
East Bay Municipal Utility District
Jackson Valley Irrigation District
Mountain Counties Water Resources Association
ARGUMENTS IN SUPPORT : Friends of the River notes that this
bill will preserve recreational opportunities for the public,
generate economic activity for the local communities, and
preserve the right to future water development as provided by
existing law. It argues that because of the natural resource
value of these segments of the river, it is clearly eligible to
be protected in perpetuity.
Other supporters point out the numerous hiking, kayaking, and
whitewater rafting opportunities on this river.
Calaveras County is in support and has adopted a resolution
because of the importance of the designation to the economy,
businesses, and people of that county.
ARGUMENTS IN OPPOSITION : The County of Amador and the Jackson
Valley Irrigation District oppose this bill in part because they
read existing law as requiring a study by the Secretary for the
Agency prior to designation.
The irrigation district, along with the county, are concerned
about future water development and the effect any designation
may have on future water development.
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RM:e 5/28/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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