BILL ANALYSIS �
SB 1199
Page 1
Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 1199 (Hancock) - As Amended: May 28, 2014
Policy Committee: Natural
ResourcesVote:6-3
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill designates a total of nearly 37 miles of specified
segments of the north fork and the main stem of the Mokelumne
River in the California Wild and Scenic River Act, as follows:
1)Designates 20 miles of the north fork as scenic, and 9 miles
as recreational.
2)Designates 3 miles of the main stem as scenic, and 4.6 miles
as recreational.
3)Provides nothing in the California Wild and Scenic River Act
shall affect river flow and water quality monitoring, or the
construction or repair of recreational facilities along the
designated segments of the river.
4)Provides nothing in the authorization of the Mokelumne as Wild
and Scenic impairs the existing water rights of affected
parties. However, this declaration does not apply to the
entire California Wild and Scenic River Act and prohibits
actions to increase the adverse effect, if any, of preexisting
facilities or places or the purposes of use upon the
free-flowing and natural characteristic of the designated
river segments.
5)Provides nothing in the authorization of the Mokelumne as Wild
and Scenic affects a water rights application by the Amador
Water Agency, the Jackson Valley Irrigation District, the
Calaveras Public Utility District and the State Water
Resources Control Board's (SWRCB) consideration of the
application for new water supply as long as the construction
SB 1199
Page 2
and operations avoid adverse effects on the free-flowing
condition and natural character of the designated river
segments. This declaration does not apply to the entire
California Wild and Scenic River Act.
6)Provides nothing in the authorization of the Mokelumne as Wild
and Scenic will affect the Amador Water Agency's water rights
application pending before the SWRCB. This declaration does
not apply to the entire California Wild and Scenic River Act.
FISCAL EFFECT
1)Unknown cost pressures, potentially in the $50,000 to $100,000
range to provide additional Integrated Regional Water Program
(IRWMP) planning funds to revise a current sustainability
evaluation and planning process (MokeWISE) to reflect this
designation. MokeWISE is currently funded by $878,606 in IRWM
grants (Prop 84) as well as other nonstate funds.
2)Potential increased costs in the low hundreds of thousands of
dollars range for increased water costs for water used by the
state at the Mule Creek State Prison. The Mule Creek State
Prison, served by the Amador Water Agency, is currently under
expansion. Mule Creek is the Agency's largest water customer.
COMMENTS
1)Purpose. According to the author, 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.
The bill adds approximately 37 miles of the Mokelumne River
between Salt Springs Dam and Pardee Reservoir into the
California Wild and Scenic Rivers System and designates those
free-flowing segments and wild, scenic, or recreational.
2)Background. The California Wild and Scenic Rivers Act
established the policy of the California to protect the
designated segments of these classified 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
SB 1199
Page 3
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.
3)California's Wild and Scenic Rivers. California law now
considers segments of the Smith River and tributaries, Klamath
River and tributaries, Scott River, Salmon River, East Carson
and West Walker Rivers, South Yuba River, Albion and Gualala
Rivers, and Cache Creek as Wild and Scenic.
Segments of the McCloud River, Deer Creek, and Mill Creek are
also protected under the state act although not formerly
designated. The Cache Creek designation, which cover 31 miles
of that stream, was the most recent designation, in 2005.
The California Wild and Scenic Rivers Act requires the Natural
Resources Agency (NRA) to perform a study to consider future
additions to the state wild and scenic river system, however,
segments have been added to the system as a result of such
studies, but also through legislative action, without studies.
4)MokeWISE. The MokeWISE program is the collaboration of a
varied group of stakeholders in the Mokelumne River watershed
to identify comprehensive and sustainable approaches to water
resources management. MokeWISE was initiated by the
Mokelumne-Amador-Calaveras (MAC) and Eastern San Joaquin (ESJ)
IRWM Regions through grants provided by the Department of
Water Resources. The program, when concluded, is expected to
yield a scientifically based and broadly supported water
resources program that includes comprehensive and sustainable
approaches to water resources management in the watershed
Both supporters and opponents of this bill are participating
in MokeWise.
5)Support. This bill is sponsored by Friends of the River and
the Foothills Conservancy. It is supported by a broad
coalition of numerous local and state businesses, government,
tribal, environmental and recreational interests who argue the
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.
SB 1199
Page 4
6)Opposition. This bill is opposed by local boards of
supervisors, water agencies, employee associations, tribal
interests, community service districts and agricultural
interests. Opponents are concerned this proposed designation
was not properly studies by the state, and may adversely
impact future water operations, development and drought
response. Opponents have proposed amendments to allow 37
miles of the river to be designated as wild and scenic, yet
allow for projects outside the designation not subject to the
California Wild and Scenic Act. Opponents argue the current
version of the bill continues to jeopardize water supply
projects and the MokeWISE program. Discussions between the
bill's sponsors and opponents are continuing.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081