Amended in Senate May 27, 2014

Amended in Senate May 5, 2014

Amended in Senate April 3, 2014

Senate Bill No. 1259

Introduced by Senator Pavley

(Principal coauthor: Senator Cannella)

(Coauthor: Senator Wolk)

February 21, 2014

An act to amend Sections 6120 and 10004.6 of the Water Code, relating to water.

LEGISLATIVE COUNSEL’S DIGEST

SB 1259, as amended, Pavley. Dams: sedimentation studies.

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.

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 sedimentation begin insert and would authorize the department to limit the study to certain reservoirs end insert . The bill would require results of the begin delete sedimentation end delete study to be reflected in the quinquennial update of begin delete the end delete begin insert The end insert California Water Plan and be provided to the appropriate policy committees of the Senate and the Assembly. The bill would require begin delete that an initial study be completed by January 1, 2017, and that a sedimentation study include an evaluation of end delete begin insert the department to identify high-priority reservoirs for additional evaluation, for which the department would be required to evaluate and characterize the sediment for mercury and sediment size and to identify and evaluate end insert cost-effective strategies for sediment removal, relative to the costs of alternative methods of flood protection and water supply.

Existing law requires the Department of Water Resources to update begin delete the end delete begin insert The end insert 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.

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

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 6120 of the Water Code is amended to
read:

6120.  

(a) For the purpose of enabling it to make decisions as
compatible with economy and public safety as possible, the
department shall 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 various features of the design and
construction of dams, reservoirs, and appurtenances.

(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 sedimentation. begin insert The department
may limit the sedimentation study to those reservoirs the
department anticipates will have either a high volume of
sedimentation or a high sedimentation rate. end insert The results of the
sedimentation study shall be reflected in the quinquennial update
of begin delete the end delete begin insert The end insert 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.

(2) An initial sedimentation study begin delete shall end delete begin insert may end insert be completed by
January 1, 2017.

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

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

(B) Original reservoir surveys at reservoirs lacking
sedimentation begin delete data. end delete begin insert data, where the department deems appropriate. end insert

begin delete

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

end delete begin delete

(D)

end delete

begin insert (C) end insert  Modeling, including techniques such as geographic
information system-based reservoir sedimentation modeling.

begin delete

(4) A sedimentation 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.

end delete begin insert

(4) The department shall identify high-priority reservoirs for
additional evaluation within the study, for which the department
shall do both of the following:

end insert begin insert

(A) Evaluate and characterize the sediment for mercury and
sediment size.

end insert begin insert

(B) Identity and evaluate 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.

end insert

(5) In designing and conducting a sedimentation 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.

SEC. 2.  

Section 10004.6 of the Water Code is amended to read:

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) One year before issuing each 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.

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

(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) This section does not require the department to update, or
prohibit the department from updating, any data necessary to update
The California Water Plan pursuant to subdivision (b) of Section
10004.