Amended in Senate April 3, 2014

Senate Bill No. 1259

Introduced by Senator Pavley

February 21, 2014

An act to amend begin delete Section 8608 end delete begin insert Sections 6120 and 10004.6 end insert of the Water Code, relating to water.

LEGISLATIVE COUNSEL’S DIGEST

SB 1259, as amended, Pavley. begin delete Reclamation Board. end delete begin insert Dams: siltation studies. end insert

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Existing law requires the Department of Water Resources to make or cause to be made investigations and gather or cause to be gathered data as needed for a proper review and study of the various features of the design and construction of dams, reservoirs, and appurtenances.

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This bill would require the department, in collaboration with specified entities, to make or cause to be made investigations and to gather or cause to be gathered data for a proper review and study of the loss of storage capacity behind dams resulting from siltation. The bill would require results of the siltation study to be reflected in the quinquennial update of the California Water Plan and be provided to the appropriate policy committees of the Senate and the Assembly. The bill would require that an initial study be completed by January 1, 2017, and that a siltation study include an evaluation of cost-effective strategies for sediment removal, relative to the costs of alternative methods of flood protection and water supply.

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Existing law requires the Department of Water Resources to update the California Water Plan, which is a plan for the conservation, development, and use of the water resources of the state, every 5 years. Existing law requires the department, as part of the update, to conduct a study to determine the amount of water needed to meet the state’s future needs. The department is required, one year prior to issuing each update to the California Water Plan, to release a draft of assumptions and estimates upon which the study will be based. Existing law prescribes a list of subjects for which the department is required to release those assumptions and estimates.

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This bill would add estimated loss of storage capacity behind dams resulting from siltation to that list.

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Existing law requires the Central Valley Flood Protection Board to establish and enforce standards for the maintenance and operation of flood control facilities under its jurisdiction.

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This bill would make technical, nonsubstantive changes to that provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 6120 of the end insert begin insert Water Code end insert begin insert is amended to
read: end insert

6120.  

begin insert (a) end insert begin insert   end insert For the purpose of enabling it to make decisions as
compatible with economy and public safety as begin delete possible end delete begin insert possible, end insert
the department shall make or cause to be made begin delete such end delete investigations
and shall gather or cause to be gathered begin delete such end delete data as may be needed
for a proper review and study of the various features of the design
and construction of dams, reservoirs, and appurtenances.

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(b) (1) The department shall further make or cause to be made
investigations and shall gather or cause to be gathered data as
may be needed for a proper review and study of the loss of storage
capacity behind dams resulting from siltation. The results of the
siltation study shall be reflected in the quinquennial update of the
California Water Plan developed pursuant to Chapter 1
(commencing with Section 10004) of Part 1.5 of Division 6 and
shall be provided to the appropriate policy committees of the
Senate and Assembly.

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(2) An initial siltation study shall be completed by January 1,
2017.

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(3) A siltation study may be based upon all of the following:

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(A) A compilation of published and unpublished sedimentation
data from dam operators and other sources.

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(B) Original reservoir surveys at reservoirs lacking
sedimentation data.

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(C) An evaluation and characterization of sediment for mercury
and sediment grain size.

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(D) Modeling, including techniques such as geographic
information system-based reservoir sedimentation modeling.

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(4) A siltation study shall include an evaluation of cost-effective
strategies for sediment removal, relative to the costs of alternative
methods of flood protection and water supply, including the costs
of constructing new dams and reservoirs.

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(5) In designing and conducting a siltation study, the department
shall collaborate with the United States Bureau of Reclamation,
the United States Army Corps of Engineers, the United States
Geological Survey, and the Delta Independent Science Board.

end insert

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begin insert SEC. 2. end insert   

end insert

begin insert Section 10004.6 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

10004.6.  

(a) As part of updating The California Water Plan
every five years pursuant to subdivision (b) of Section 10004, the
department shall conduct a study to determine the amount of water
needed to meet the state’s future needs and to recommend
programs, policies, and facilities to meet those needs.

(b) The department shall consult with the advisory committee
established pursuant to subdivision (b) of Section 10004 in carrying
out this section.

(c)  begin delete On or before January 1, 2002, and one end delete begin insert One end insert year begin delete prior to end delete
begin insert before end insert issuing each begin delete successive end delete update to The California Water
Plan, the department shall release a preliminary draft of the
assumptions and other estimates upon which the study will be
based, to interested persons and entities throughout the state for
their review and comments. The department shall provide these
persons and entities an opportunity to present written or oral
comments on the preliminary draft. The department shall consider
these documents when adopting the final assumptions and estimates
for the study. For the purpose of carrying out this subdivision, the
department shall release, at a minimum, assumptions and other
estimates relating to all of the following:

(1) Basin hydrology, including annual rainfall, estimated
unimpaired streamflow, depletions, and consumptive uses.

(2) Groundwater supplies, including estimates of sustainable
yield, supplies necessary to recover overdraft basins, and supplies
lost due to pollution and other groundwater contaminants.

(3) Current and projected land use patterns, including the mix
of residential, commercial, industrial, agricultural, and undeveloped
lands.

(4) Environmental water needs, including regulatory instream
flow requirements, nonregulated instream uses, and water needs
by wetlands, preserves, refuges, and other managed and unmanaged
natural resource lands.

(5) Current and projected population.

(6) Current and projected water use for all of the following:

(A) Interior uses in a single-family dwelling.

(B) Exterior uses in a single-family dwelling.

(C) All uses in a multifamily dwelling.

(D) Commercial uses.

(E) Industrial uses.

(F) Parks and open spaces.

(G) Agricultural water diversion and use.

(7) Evapotranspiration rates for major crop types, including
estimates of evaporative losses by irrigation practice and the extent
to which evaporation reduces transpiration.

(8) Current and projected adoption of urban and agricultural
conservation practices.

(9) Current and projected supplies of water provided by water
recycling and reuse.

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(10) Estimated loss of storage capacity behind dams resulting
from siltation, as found by the study conducted pursuant to
subdivision (b) of Section 6120.

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(d) The department shall include a discussion of the potential
for alternative water pricing policies to change current and
projected water uses identified pursuant to paragraph (6) of
subdivision (c).

(e)  begin delete Nothing in this end delete begin insert This end insert section begin delete requires or prohibits end delete begin insert does not
require end insert the department begin insert to update, or prohibit the department end insert from
begin delete updating end delete begin insert updating, end insert any data necessary to update The California
Water Plan pursuant to subdivision (b) of Section 10004.

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SECTION 1.  

Section 8608 of the Water Code is amended to
read:

8608.  

The board shall establish and enforce standards for the
maintenance and operation of levees, channels, and other flood
control works of an authorized project or an adopted plan, including
but not limited to, standards for encroachment, construction,
vegetation management, and erosion control measures. In adopting
the standards, the board shall give full consideration to fish and
wildlife, recreation, and environmental factors. Any violation of
the adopted standards without the permission of the board is a
public nuisance, and the board may commence and maintain suit
in the name of the people of the state for the prevention or
abatement of the nuisance.

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