BILL ANALYSIS �
SB 1199
Page 1
Date of Hearing: June 23, 2014
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 1199 (Hancock) - As Amended: May 28, 2014
SENATE VOTE : 22-12
SUBJECT : Wild and scenic rivers: Mokelumne River
SUMMARY : Designates a 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,
as specified.
EXISTING LAW : Pursuant to the California Wild and Scenic Rivers
Act (Act):
1)Declares that it is the policy of the state that certain
rivers that possess extraordinary scenic, recreational,
fishery, or wildlife values be preserved in their
"free-flowing" state, together with their immediate
environments, for the benefit and enjoyment of the people of
the state. Declares that such use of these rivers is the
highest and most beneficial use and is a reasonable and
beneficial use of water.
2)Defines "free-flowing" as existing or flowing without
artificial impoundment, diversion, or other modification of
the river. (The presence of low dams, diversion works, and
other minor structures does not automatically bar a river's
inclusion within the System.)
3)Requires that those rivers or segments of rivers included in
the System be classified as one of the following:
a) Wild rivers, which are those rivers or segments of
rivers that are free of impoundments and generally
inaccessible except by trail, with watersheds or shorelines
essentially primitive and waters unpolluted;
b) Scenic rivers, which are those rivers or segments of
rivers that are free of impoundments, with shorelines or
watersheds still largely primitive and shorelines largely
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undeveloped, but accessible in places by roads; or
c) Recreational rivers, which are those rivers or segments
of rivers that are readily accessible by road or railroad,
that may have some development along their shorelines, and
that may have undergone some impoundment or diversion in
the past.
4)Designates several California rivers and segments thereof as
components of the System.
5)Requires the Natural Resources Agency (NRA) to be responsible
for coordinating the activities of state agencies whose
activities affect the rivers in the System with those of other
state, local, and federal agencies with jurisdiction over
matters that may affect the rivers.
6)Requires all departments and agencies of the state to exercise
their powers granted under any other provision of law in a
manner that protects the free-flowing state of each component
of the System and the extraordinary values for which each
component was included in the System. Requires all local
government agencies to exercise their powers granted under any
other provision of law in a manner consistent with the policy
and provisions of the Act.
7)Prohibits a dam, reservoir, diversion, or other water
impoundment facility from being constructed on any river and
segment included in the System. Prohibits a water diversion
facility from being constructed on the river and segment
included in the System unless and until NRA determines that
the facility is needed to supply domestic water to the
residents of the county or counties through which the river
and segment flows, and unless and until NRA determines that
the facility will not adversely affect the free-flowing
condition and natural character of the river and segment.
8)Prohibits a department or agency of the state from assisting
or cooperating, whether by loan, grant, license, or otherwise,
with any department or agency of the federal, state, or local
government, in the planning or construction of a dam,
reservoir, diversion, or other water impoundment facility that
could have an adverse effect on the free-flowing condition and
natural character of the river and segments thereof included
in the System.
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THIS BILL :
1)Makes the following findings and declarations:
a) The Mokelumne River contains extraordinary scenic,
recreational, historical, cultural, and water quality
values of statewide significance that deserve to be
preserved in their free-flowing state for the benefit and
enjoyment of the people of the state.
b) In designating the Mokelumne River as a component of the
System, it is the intent of the Legislature that this bill
will accomplish the preservation of those values.
2)Designates a nearly 37 mile portion of the Mokelumne River in
Calaveras and Amador Counties in the Sierra Nevada as part of
the System.
3)Does not prejudice, alter, delay, interfere with, or affect in
any way, the installation, operation, maintenance, repair, and
replacement of river flow and water quality monitoring
stations and equipment in and along the designated segments of
the Mokelumne River; or the construction, operation,
maintenance, repair, and replacement of recreational
facilities along the Mokelumne River on East Bay Municipal
Utility District lands, including scenic trails and rafting
facilities, such as take outs, parking lots, and similar
recreational facilities.
4)Does not prejudice, alter, delay, interfere with, or affect in
any way, the existing rights of the Amador Water Agency, the
Jackson Valley Irrigation District, the Calaveras Public
Utility District, and the Calaveras County Water District; the
implementation of those rights; any historic water use
practices; the replacement, maintenance, repair, operation, or
future expansion of existing diversions, storage, powerhouses,
conveyance facilities, power lines, or other works by those
agencies; or changes in the purpose of use, places of use,
points of diversion, or ownership of those existing water
rights. Prohibits, however, the exercise of rights or
practices that increase any adverse effect upon the
free-flowing and natural character of the designated river
segments.
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5)Does not prejudice, delay, interfere with, or affect in any
way, a water rights application by the Amador Water Agency,
the Jackson Valley Irrigation District, the Calaveras Public
Utility District, and the Calaveras County Water District and
consideration by the State Water Resources Control Board of a
water rights application for new water supply projects
upstream of designated Mokelumne River segments or on
tributaries to the North Fork and main stem Mokelumne River,
provided that the application and approval of water rights,
and the construction and operation of facilities to access
those rights, avoid an adverse effect on the free-flowing
condition and natural character of the river segments
designated in this section as components of the System.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible costs.
COMMENTS :
1)Author's Statement .
SB 1199 would add 37 miles of the Mokelumne River
between Salt Springs Dam and Pardee Reservoir into the
California Wild and Scenic Rivers System and designate
those free-flowing segments as wild, scenic, or
recreational. California State Wild and Scenic River
designation will protect the Mokelumne River's
extraordinary values for future generations and
provide balance for the extensive water and
hydroelectric development of the river. There is
currently no federal legislation for National Wild and
Scenic River designation on the Mokelumne, so State
designation is being pursued.
2)The Act . The Act was passed in 1972 to preserve designated
rivers possessing extraordinary scenic, recreation, fishery,
or wildlife values. With its initial passage, the System
protected segments of the Smith River and tributaries, Klamath
River and tributaries, Scott River, Salmon River, Trinity
River, Eel River, Van Duzen River, and American River. The
System was subsequently expanded by the Legislature to include
the East Carson and West Walker rivers in 1989, the South Yuba
River in 1999, the Albion River and Gualala Rivers in 2003,
and Cache Creek in 2005. In addition, segments of the McCloud
River, Deer Creek, and Mill Creek were protected under the Act
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in 1989 and 1995 respectively, although these segments were
not formally designated as components of the System.
The Act provides a number of legal protections for rivers
included within the System, beginning with the following
legislative declaration:
It is the policy of the State of California that
certain rivers which possess extraordinary scenic,
recreational, fishery, or wildlife values shall be
preserved in their free-flowing state, together with
their immediate environments, for the benefit and
enjoyment of the people of the state. The Legislature
declares that such use of these rivers is the highest
and most beneficial use and is a reasonable and
beneficial use of water within the meaning of Section
2 of Article X of the California Constitution.
The Act defines "free-flowing" as "existing or flowing without
artificial impoundment, diversion, or other modification of
the river." The existence of minor structures, or even major
dams located upstream or downstream of a specific segment,
does not preclude a river from designation. Several rivers,
such as the Klamath, Trinity, Eel, and lower American, are
included in the System despite substantial flow modifications
by existing upstream dams and impoundments.
The Act defines "river" as "the water, bed, and shoreline of
rivers, streams, channels, lakes, bays, estuaries, marshes,
wetlands, and lagoons, up to the first line of permanently
established riparian vegetation." The latter phrase ("up to
the first line of permanently established riparian
vegetation") was added in a 1982 amendment and represents a
reduction in the area of streambed and shoreline potential
originally subject to the Act's protection.
The Act defines "immediate environments" only generally as the
land "immediately adjacent" to designated segments. This
definition, which was added in the 1982 amendments, represents
a reduction in the land area originally subject to the Act's
protection.
Rivers or segments included with the system are classified by
the Legislature as "wild," "scenic," or "recreational" based
on the level of existing development when designated. "Wild"
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river segments are free of impoundment and generally are
inaccessible except by trail, with primitive watersheds or
shorelines and unpolluted waters. "Scenic" river segments are
free of impoundment, with shorelines or watersheds still
largely primitive and shorelines largely undeveloped but
accessible in places by roads. "Recreational" river segments
are readily accessible by road or railroad, may have some
development along their shorelines, and may have been
impounded or diverted in the past. The classification terms
are a guide to the level of existing development, not a
description of any particular values. For example,
recreational river segments may not have an particular
extraordinary recreational values.
Significant amendments to the Act in 1982 eliminated the
mandate for management plans and, as mentioned above, defined
the area protected to the first line of permanent riparian
vegetation. The 1982 amendments also specified that the
Legislature is responsible for classifying or reclassifying
rivers by statute, although NRA may recommend classifications.
An amendment to the Act in 1986 established a study process
modeled after the federal act to determine potential additions
to the System.
Based on subsequent studies required by the Legislature,
segments of the East Carson and West Walker rivers were added
to the System in 1989. New dams, diversions, and reservoirs
were prohibited on the McCloud River, although it was not
formally included in the System. Similar "non-formal
designation" protection against dams was provided Deer Creek
and Mill Creek in 1995, in response to studies mandated by the
Legislature. The Legislature added the South Yuba River to
the System without a study in 1999.
No dam, reservoir, diversion, or other water impoundment
facility may be constructed on any river segment included in
the System. However, there are exemptions, which include
temporary flood storage facilities on the Eel River and
temporary recreational impoundments on river segments with a
history of such impoundments. NRA cannot authorize these
temporary recreational impoundments without first making a
number of findings.
One of the most important (and controversial) provisions in
the Act is the non-degradation clause, which prohibits new
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projects and activities from adversely affecting the
free-flowing condition and natural character of river segments
included in the System.
The Act was patterned after the 1968 National Wild and Scenic
Rivers Act. The state and federal acts share similar criteria
and definitions in regard to the purpose of protecting rivers,
the identification of free flowing rivers and extraordinary or
outstanding values suitable for protection, establishing a
study process to include rivers in the system, as well as an
identical classification system. The primary purpose of both
the state and federal acts is to prohibit new water
impoundments on designated rivers.
3)The Mokelumne River . The Mokelumne River has been studied by
both the United States Forest Service and the Bureau of Land
Management, which found the river to be free-flowing while
possessing remarkable scenic, recreational, historical,
cultural, and water-quality values of statewide significance.
According to the author, these federally identified values
easily translate into the extraordinary values that make the
river eligible for protection in the System.
Located in the Central Sierra, the Mokelumne is a hard-working
river with dams and diversions providing irrigation water for
agriculture in the Central Valley while also generating
hydro-electricity for more than 200,000 homes. The water
quality found in the North Fork and main stem of the Mokelumne
River has been found to be extremely high. The East Bay
Municipal Utilities District serves approximately 1.4 million
residents of the East Bay with drinking water from this river
segment.
The river is home to diverse wildlife populations, rare
wildlife, and a healthy trout fishery. It also features deep
granite canyons, the massive Devil's Nose and Calaveras Dome,
cascading waterfalls, dramatic gorges, and mature riparian
forests that afford increasingly rare opportunities to view
isolated, primitive mid-Sierra natural beauty. According to
the bill's supporters, "[d]esignating the river will enhance
the rural economies of Amador and Calaveras counties by
providing for family recreation and boosting tourism from
visitors throughout the state. Wild and Scenic River
designation will ensure that all current uses of the river
continue while protecting its free-flowing parts from new dams
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on the river segments that are already considered to be fully
appropriated according to the State Water Board."
4)Opposition . The Amador Water Agency (AWA) has raised concerns
over the possible implications of this bill. Chief among them
is the scope of the anti-degradation provision, which, as
stated above, requires future diversion projects to have no
adverse effect on the free-flowing condition and natural
character of the river and segment. There are no known cases
where the anti-degradation provision has been invoked to
preclude a diversion project; still, AWA is concerned about
the plain meaning of the provision and the uncertainty it
creates for future projects.
REGISTERED SUPPORT / OPPOSITION :
Support
Adventure Connection, Inc.
Amador County Democratic Central Committee
Amador Eye Care Associates
Amador Olive Oil
American Rivers
American Whitewater
AquAlliance
Black Bear Inn
Blue Mountain Coalition for Youth and Families
Burger Bar, Sidewinders
Butte Environmental Council
Calaveras County Board of Supervisors
Calaveras Planning Coalition
California Canoe & Kayak
California Coastkeeper Alliance
California League of Conservation Voters
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
Citizens Water Watch
Clean Water Action
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Coast Action Group
Community Action Project
Community Water Center
Councilmember Keith Sweet, Jackson City Council
Councilmember Marily Lewis, Jackson City Council
Councilmember Tim Murphy, Sutter Creek City Council
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
Environmental Water Caucus
The Feed Barn Country Store
Fish Sniffer
Food and Water Watch
Foothill Conservancy
Friends of the Eel River
Friends of the River
Goin' Postal
Golden Gate Audubon Society
Golden West Women Flyfishers
Institute for Fisheries Resources
Karmere Vineyards and Winery
Karuk Tribe
Kirk's Hydro
Klamath Riverkeeper
Los Padres Forest Watch
Lower Sherman Island Duck Club
Mariposans for the Environment and Responsible Government
MyValleySprings.com
Natural Heritage Institute
Northcoast Environmental Center
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
Protect American River Canyons
Restore Hetch Hetchy
Restore the Delta
Sacramento River Preservation Trust
Safe Alternatives for Our Forest Environment
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Santa Clarita for Planning and the Environment
Sierra Business Council
Sierra Club California
Sierra Club, San Francisco Bay Chapter
Sierra Mac River Trips, Inc.
Sierra Nevada Adventure Co. Inc.
Sierra Nevada Alliance
Supervisor Cliff Edson, Calaveras County, District 1
Supervisor Merita Callaway, Calaveras County, District 3
South Yuba River Citizens League
Southern California Watershed Alliance
Sutter Creek City Council
Terre Rouge and Easton Wines
Trout Unlimited
Tuolumne River Trust
Twisted Oak Winery
Ventana Wilderness Alliance
Volcano Press
West Point New & Upcountry News
Winnemem Wintu Tribe
Zephyr Whitewater Expeditions
Four Individuals
Opposition
Amador County Board of Supervisors
Amador County Business Council
Amador County Farm Bureau
Amador Water Agency
Amador Water Agency's Employee Association
Association of California Water Agencies
Calaveras-Amador Mokelumne River Authority
Calaveras County Republican Party
Calaveras County Taxpayers Association, Inc.
Calaveras County Water District
Calaveras Public Utility District
California Farm Bureau Federation
First Mace Meadow Water Association
Jackson Valley Irrigation District
Mountain Counties Water Resources Association
North San Joaquin Water Conservation District
Pine Grove Community Services District
Rabb Park Community Services District
San Joaquin County Board of Supervisors
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Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092