Kentucky
California - SBX7 8 - Water diversion and use: reporting: resources: Disaster Preparedness and Flood Prevention Bond Act of 2006: Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006
Support Oppose
100% Users Support Policy
{ 2 IN FAVOR / 0 OPPOSED } Track Share

Policy Process

Introduced
SENATE PASSED
HOUSE PASSED
SIGNED BY GOVERNOR

1/22/2009
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Policy Becomes Law


  • Policy Overview
  • An act to amend Sections 5100, 5101, 5103, and 5107 of,
    to add Chapter 2.7 (commencing with Section 348) to
    Division 1 of, and to repeal Section 5108 of, the Water
    Code, and to amend and supplement the Budget Act of 2009
    (Chapter 1 of the 2009-10 Third Extraordinary Session)
    by amending Items 3940-001-0439 and 3940-001-3058 of
    Section 2.00 of the Budget Act of 2009, relating to
    water resources, and making an appropriation therefor.

    BILL NUMBER: SBX7 8	CHAPTERED
    BILL TEXT

    CHAPTER 2
    FILED WITH SECRETARY OF STATE NOVEMBER 6, 2009
    APPROVED BY GOVERNOR NOVEMBER 6, 2009
    PASSED THE SENATE NOVEMBER 4, 2009
    PASSED THE ASSEMBLY NOVEMBER 4, 2009
    AMENDED IN ASSEMBLY NOVEMBER 4, 2009
    AMENDED IN SENATE NOVEMBER 2, 2009

    INTRODUCED BY Senator Steinberg

    OCTOBER 28, 2009

    An act to amend Sections 5100, 5101, 5103, and 5107 of, to add
    Chapter 2.7 (commencing with Section 348) to Division 1 of, and to
    repeal Section 5108 of, the Water Code, and to amend and supplement
    the Budget Act of 2009 (Chapter 1 of the 2009-10 Third Extraordinary
    Session) by amending Items 3940-001-0439 and 3940-001-3058 of Section
    2.00 of the Budget Act of 2009, relating to water resources, and
    making an appropriation therefor.
    LEGISLATIVE COUNSEL`S DIGEST
    SB 8, Steinberg. Water diversion and use: reporting: resources:
    Disaster Preparedness and Flood Prevention Bond Act of 2006: Safe
    Drinking Water, Water Quality and Supply, Flood Control, River and
    Coastal Protection Bond Act of 2006.
    (1) Existing law, with certain exceptions, requires each person
    who diverts water after December 31, 1965, to file with the State
    Water Resources Control Board a prescribed statement of diversion and
    use. Existing law requires a statement to include specified
    information, including, on and after January 1, 2012, monthly records
    of water diversions. Under existing law, the monthly record
    requirement does not apply to a surface water diversion with a
    combined diversion capacity from a natural channel that is less than
    50 cubic feet per second or to diverters using siphons in the tidal
    zone. Existing law subjects a person who makes a material
    misstatement in connection with the filing of the diversion and use
    statements to administratively imposed civil penalties in the amount
    of $500 for each violation.
    This bill would revise the types of water diversions for which the
    reporting requirement does not apply, including, among other
    diversions, a diversion that occurs before January 1, 2009, if
    certain requirements are met. The bill would delete exceptions to the
    monthly record requirement, and revise requirements relating to the
    contents of the statement of diversion and use.
    The bill would subject a person to civil liability if that person
    fails to file, as required, a diversion and use statement for a
    diversion or use that occurs after January 1, 2009, tampers with any
    measuring device, or makes a material misstatement in connection with
    the filing of a diversion and use statement. The board would be
    authorized to impose the civil liability in accordance with a
    specified schedule.
    The bill would authorize the board and the Department of Water
    Resources to adopt emergency regulations for the filing of reports of
    water diversion or use that are required to be filed by those
    respective state agencies under specified statutory provisions.
    The bill would make additional conforming changes and would set
    forth related legislative findings and declarations.
    (2) The Budget Act of 2009 made appropriations for the support of
    the State Water Resources Control Board for the 2009-10 fiscal year,
    with certain payments from the Water Rights Fund.
    This bill would amend and supplement the Budget Act of 2009 by
    making an additional appropriation from the fund to support water
    rights enforcement. The bill would, commencing with the 2010-11
    fiscal year, continuously appropriate $3,750,000 on an annual basis
    only from fee revenue in the fund to the board for the purpose of
    funding permanent water right enforcement positions.
    (3) Under existing law, various bond acts have been approved by
    the voters to provide funds for water projects, facilities, and
    programs. The Disaster Preparedness and Flood Prevention Bond Act of
    2006, a bond act approved by the voters at the November 7, 2006,
    statewide general election, authorizes the issuance of bonds in the
    amount of $4,090,000,000 for the purposes of financing disaster
    preparedness and flood prevention projects. The Safe Drinking Water,
    Water Quality and Supply, Flood Control, River and Coastal Protection
    Bond Act of 2006, an initiative bond act approved by the voters at
    the November 7, 2006, statewide general election, authorizes the
    issuance of bonds in the amount of $5,388,000,000 for the purposes of
    financing a safe drinking water, water quality and supply, flood
    control, and resource protection program.
    This bill would appropriate $546,000,000 from these bond acts for
    integrated regional water management, flood control and management,
    and natural community conservation planing, as provided.
    (4) The bill would take effect only if SB 1, SB 6, and SB 7 of the
    2009-10 7th Extraordinary Session of the Legislature are enacted and
    become effective.
    Appropriation: yes.
    THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

    SECTION 1. The Legislature finds and declares all of the
    following:
    (a) The San Francisco Bay-Sacramento-San Joaquin River Delta
    (Delta) is in the midst of an ecological crisis. Its unique character
    and capacity to serve California are threatened by a variety of
    factors, including diversions of water, pollution, urbanization,
    flood and seismic risks, and invasive species.
    (b) The water that is found in, and delivered through, the Delta
    is the source of drinking water for 25,000,000 Californians, fuels a
    $37,000,000,000 agricultural industry, and serves as an important
    habitat for over 750 plant and animal species.
    (c) It has been estimated that there are over 1,800 agricultural,
    municipal, and industrial diversions in the Delta that, combined,
    divert 5 percent of the freshwater flows from the Delta watershed.
    However, because none of these in-Delta diverters are required to
    measure and report their water diversion and use, there is presently
    little data regarding the nature, extent, and location of these
    diversions.
    (d) Given the well-known importance of water to the state`s
    health, economy, and welfare, including to its ecosystems and natural
    resources, water measurement and reporting are required for most
    diversions.
    (e) The Delta Vision Committee Implementation Report recommends
    improved monitoring and reporting, including the elimination of
    exemptions from requirements for the filing of statements of water
    diversion and use.
    SEC. 2. Chapter 2.7 (commencing with Section 348) is added to
    Division 1 of the Water Code, to read:
    CHAPTER 2.7. WATER DIVERSION AND USE REPORTS
    348. (a) The department or the board may adopt emergency
    regulations providing for the electronic filing of reports of water
    diversion or use required to be filed with the department or board
    under this code, including, but not limited to, any report required
    to be filed under Part 5.1 (commencing with Section 5100) of Division
    2 and any report required to be filed by a water right permittee or
    licensee.
    (b) Emergency regulations adopted pursuant to this section, or any
    amendments thereto, shall be adopted by the department or the board
    in accordance with Chapter 3.5 (commencing with Section 11340) of
    Part 1 of Division 3 of Title 2 of the Government Code. The adoption
    of these regulations is an emergency and shall be considered by the
    Office of Administrative Law as necessary for the immediate
    preservation of the public peace, health, safety, and general
    welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340)
    of Part 1 of Division 3 of Title 2 of the Government Code, any
    emergency regulations or amendments to those regulations adopted
    under this section shall remain in effect until revised by the
    department or the board that adopted the regulations or amendments.
    SEC. 3. Section 5100 of the Water Code is amended to read:
    5100. As used in this part:
    (a) "Best available technologies" means technologies at the
    highest technically practical level, using flow totaling devices, and
    if necessary, data loggers and telemetry.
    (b) "Best professional practices" means practices attaining and
    maintaining the accuracy of measurement and reporting devices and
    methods.
    (c) "Diversion" means taking water by gravity or pumping from a
    surface stream or subterranean stream flowing through a known and
    definite channel, or other body of surface water, into a canal,
    pipeline, or other conduit, and includes impoundment of water in a
    reservoir.
    (d) "Person" means all persons whether natural or artificial,
    including the United States of America, State of California, and all
    political subdivisions, districts, municipalities, and public
    agencies.
    SEC. 4. Section 5101 of the Water Code is amended to read:
    5101. Each person who, after December 31, 1965, diverts water
    shall file with the board, prior to July 1 of the succeeding year, a
    statement of his or her diversion and use, except that a statement is
    not required to be filed if the diversion is any of the following:
    (a) From a spring that does not flow off the property on which it
    is located and from which the person`s aggregate diversions do not
    exceed 25 acre-feet in any year.
    (b) Covered by a registration for small domestic or livestock
    stockpond uses, or permit or license to appropriate water on file
    with the board.
    (c) Included in a notice filed pursuant to Part 5 (commencing
    with Section 4999).
    (d) Regulated by a watermaster appointed by the department and
    included in annual reports filed with a court or the board by the
    watermaster, which reports identify the persons who have diverted
    water and describe the general purposes and the place, the use, and
    the quantity of water that has been diverted from each source.
    (e) Included in annual reports filed with a court or the board by
    a watermaster appointed by a court or pursuant to statute to
    administer a final judgment determining rights to water, which
    reports identify the persons who have diverted water and give the
    general place of use and the quantity of water that has been diverted
    from each source.
    (f) For use in compliance with Article 2.5 (commencing with
    Section 1226) or Article 2.7 (commencing with Section 1228) of
    Chapter 1 of Part 2.
    (g) A diversion that occurs before January 1, 2009, if any of the
    following applies:
    (1) The diversion is from a spring that does not flow off the
    property on which it is located, and the person`s aggregate
    diversions do not exceed 25 acre-feet in any year.
    (2) The diversion is covered by an application to appropriate
    water on file with the board.
    (3) The diversion is reported by the department in its hydrologic
    data bulletins.
    (4) The diversion is included in the consumptive use data for the
    Delta lowlands published by the department in its hydrologic data
    bulletins.
    SEC. 5. Section 5103 of the Water Code is amended to read:
    5103. Each statement shall be prepared on a form provided by the
    board. The statement shall include all of the following information:
    (a) The name and address of the person who diverted water and of
    the person filing the statement.
    (b) The name of the stream or other source from which water was
    diverted, and the name of the next major stream or other body of
    water to which the source is tributary.
    (c) The place of diversion. The location of the diversion works
    shall be depicted on a specific United States Geological Survey
    topographic map, or shall be identified using the California
    Coordinate System, or latitude and longitude measurements. If
    assigned, the public land description to the nearest 40-acre
    subdivision and the assessor`s parcel number shall also be provided.
    (d) The capacity of the diversion works and of the storage
    reservoir, if any, and the months in which water was used during the
    preceding calendar year.
    (e) (1) On and after January 1, 2012, monthly records of water
    diversions. The measurements of the diversion shall be made using
    best available technologies and best professional practices. Nothing
    in this paragraph shall be construed to require the implementation of
    technologies or practices by a person who provides to the board
    documentation demonstrating that the implementation of those
    practices is not locally cost effective.
    (2) (A) The terms of, and eligibility for, any grant or loan
    awarded or administered by the department, the board, or the
    California Bay-Delta Authority on behalf of a person that is subject
    to paragraph (1) shall be conditioned on compliance with that
    paragraph.
    (B) Notwithstanding subparagraph (A), the board may determine that
    a person is eligible for a grant or loan even though the person is
    not complying with paragraph (1), if both of the following apply:
    (i) The board determines that the grant or loan will assist the
    grantee or loan recipient in complying with paragraph (1).
    (ii) The person has submitted to the board a one-year schedule for
    complying with paragraph (1).
    (C) It is the intent of the Legislature that the requirements of
    this subdivision shall complement and not affect the scope of
    authority granted to the board by provisions of law other than this
    article.
    (f) The purpose of use.
    (g) A general description of the area in which the water was used.
    The location of the place of use shall be depicted on a specific
    United States Geological Survey topographic map and on any other maps
    with identifiable landmarks. If assigned, the public land
    description to the nearest 40-acre subdivision and the assessor`s
    parcel number shall also be provided.
    (h) The year in which the diversion was commenced as near as is
    known.
    SEC. 6. Section 5107 of the Water Code is amended to read:
    5107. (a) The making of any willful misstatement pursuant to this
    part is a misdemeanor punishable by a fine not exceeding one
    thousand dollars ($1,000) or by imprisonment in the county jail for
    not to exceed six months, or both.
    (b) Any person who fails to file a statement required to be filed
    under this part for a diversion or use that occurs after January 1,
    2009, who tampers with any measuring device, or who makes a material
    misstatement pursuant to this part may be liable civilly as provided
    in subdivisions (c) and (d).
    (c) Civil liability may be administratively imposed by the board
    pursuant to Section 1055 in an amount not to exceed the following
    amounts:
    (1) For failure to file a statement, one thousand dollars
    ($1,000), plus five hundred dollars ($500) per day for each
    additional day on which the violation continues if the person fails
    to file a statement within 30 days after the board has called the
    violation to the attention of that person.
    (2) For a violation resulting from a physical malfunction of a
    measuring device not caused by the person or any other unintentional
    misstatement, two hundred fifty dollars ($250), plus two hundred
    fifty dollars ($250) per day for each additional day on which the
    measuring device continues to malfunction or the misstatement is not
    corrected if the person fails to correct or repair the measuring
    device or correct the misstatement within 60 days after the board has
    called the malfunction or violation to the attention of that person.

    (3) For knowingly tampering with any measuring device or knowingly
    making a material misstatement in a statement filed under this part,
    twenty-five thousand dollars ($25,000), plus one thousand dollars
    ($1,000) for each day on which the violation continues if the person
    fails to correct the violation within 30 days after the board has
    called the violation to the attention of that person.
    (4) For any other violation, five hundred dollars ($500), plus two
    hundred fifty dollars ($250) for each additional day on which the
    violation continues if the person fails to correct the violation
    within 30 days after the board has called the violation to the
    attention of that person.
    (d) When an additional penalty may be imposed under subdivision
    (c) for failure to correct a violation or correct or repair a
    malfunctioning measuring device within a specified period after the
    violation has been called to a person`s attention by the board, the
    board, for good cause, may provide for a longer period for correction
    of the problem, and the additional penalty shall not apply if the
    violation is corrected within the period specified by the board.
    (e) In determining the appropriate amount, the board shall
    consider all relevant circumstances, including, but not limited to,
    all of the following factors:
    (1) The extent of harm caused by the violation.
    (2) The nature and persistence of the violation.
    (3) The length of time over which the violation occurs.
    (4) Any corrective action undertaken by the violator.
    (f) All funds recovered pursuant to this section shall be
    deposited in the Water Rights Fund established pursuant to Section
    1550.
    (g) Remedies under this section are in addition to, and do not
    supersede or limit, any other remedies, civil or criminal.
    SEC. 7. Section 5108 of the Water Code is repealed.
    SEC. 8. The sum of five hundred forty-six million dollars
    ($546,000,000) is hereby appropriated as follows:
    (a) Two hundred fifty million dollars ($250,000,000) from the
    funds made available by, and consistent with, Section 75026 of the
    Public Resources Code to the Department of Water Resources for
    integrated regional water management grants and expenditures for
    programs and projects that, when implemented, will help reduce
    dependence on the Sacramento-San Joaquin Delta for water supply.
    (b) Thirty-two million dollars ($32,000,000) from the funds made
    available by, and consistent with, Section 75033 of the Public
    Resources Code to the Department of Water Resources for flood control
    projects in the Sacramento-San Joaquin Delta designed to reduce the
    potential for levee failures that would jeopardize water conveyance.
    (c) One hundred seventy million dollars ($170,000,000) from the
    funds made available by, and consistent with, subdivision (c) of
    Section 5096.821 of the Public Resources Code to the Department of
    Water Resources to reduce the risk of levee failure in the
    Sacramento-San Joaquin Delta that would jeopardize water conveyance.
    (d) Seventy million dollars ($70,000,000) from the funds made
    available by, and consistent with, Section 5096.827 of the Public
    Resources Code to the Department of Water Resources for grants for
    stormwater flood management projects.
    (e) Twenty-four million dollars ($24,000,000) from the funds made
    available by, and consistent with, subdivision (c) of Section 75055
    of the Public Resources Code to the Wildlife Conservation Board for
    grants to local agencies to implement, or assist in the establishment
    of, natural community conservation plans for areas in or around the
    Sacramento-San Joaquin Delta pursuant to Chapter 10 (commencing with
    Section 2800) of Division 3 of the Fish and Game Code.
    SEC. 9. Item 3940-001-0439 of Section 2.00 of the Budget Act of
    2009 is amended to read:
    3940-001-0439--For support of State Water
    Resources Control Board................... 238,113,000
    Schedule:
    (1) 10-Water Quality.... 439,650,000
    (2) 20-Water Rights..... 15,408,000
    (3) 30.01-
    Administration...... 21,059,000
    (4) 30.02-Distributed
    Administration...... -21,059,000
    (5) Reimbursements...... -8,932,000
    (6) Amount payable from
    the General Fund
    (Item 3940-001-
    0001)............... -40,575,000
    (7) Amount payable from
    the Unified Program
    Account (Item 3940-
    001-0028)........... -621,000
    (8) Amount payable from
    the Waste Discharge
    Permit Fund (Item
    3940-001-0193)...... -78,768,000
    (9) Amount payable from
    the Marine Invasive
    Species Control
    Fund (Item 3940-001-
    0212)............... -103,000
    (10) Amount payable from
    the Public
    Resources Account,
    Cigarette and
    Tobacco Products
    Surtax Fund (Item
    3940-001-0235)...... -2,039,000
    (11) Amount payable from
    the Integrated
    Waste Management
    Account,
    Integrated Waste
    Management Fund
    (Item 3940-001-
    0387)............... -6,757,000
    (12) Amount payable from
    the Water Recycling
    Subaccount (Item
    3940-001-0419)...... -1,150,000
    (13) Amount payable from
    the Drainage
    Management
    Subaccount (Item
    3940-001-0422)...... -515,000
    (14) Amount payable from
    the Seawater
    Intrusion Control
    Subaccount (Item
    3940-001-0424)...... -222,000
    (15) Amount payable from
    the Underground
    Storage Tank Tester
    Account (Item 3940-
    001-0436)........... -64,000
    (16) Amount payable from
    the 1984 State
    Clean Water Bond
    Fund (Item 3940-001-
    0740)............... -322,000
    (17) Amount payable from
    the Federal Trust
    Fund (Item 3940-001-
    0890)............... -51,353,000
    (18) Amount payable from
    the Water Rights
    Fund (Item 3940-001-
    3058)............... -11,197,000
    (19) Amount payable from
    the Watershed
    Protection
    Subaccount (Item
    3940-001-6013)...... -250,000
    (20) Amount payable from
    the Santa Ana River
    Watershed
    Subaccount (Item
    3940-001-6016)...... -250,000
    (21) Amount payable from
    the Lake Elsinore
    and San Jacinto
    Watershed
    Subaccount (Item
    3940-001-6017)...... -150,000
    (22) Amount payable from
    the Nonpoint Source
    Pollution Control
    Subaccount (Item
    3940-001-6019)...... -200,000
    (23) Amount payable from
    the State Revolving
    Fund Loan
    Subaccount (Item
    3940-001-6020)...... -81,000
    (24) Amount payable from
    the Wastewater
    Construction Grant
    Subaccount (Item
    3940-001-6021)...... -23,000
    (25) Amount payable from
    the Coastal
    Nonpoint Source
    Control
    Subaccount (Item
    3940-001-6022)...... -150,000
    (26) Amount payable from
    the Water Security,
    Clean Drinking
    Water, Coastal and
    Beach Protection
    Fund of 2002 (Item
    3940-001-6031)...... -3,000,000
    (27) Amount payable from
    the Safe Drinking
    Water, Water
    Quality and Supply,
    Flood Control,
    River and Coastal
    Protection Fund of
    2006 (Item 3940-001-
    6051)............... -4,073,000
    (28) Amount payable from
    the Petroleum
    Underground Storage
    Tank Financing
    Account (Item 3940-
    001-8026)........... -618,000
    (29) Amount payable from
    the State Water
    Pollution Control
    Revolving Fund
    Administration Fund
    (Item 3940-001-
    9739)............... -5,532,000
    Provisions:
    1. Notwithstanding any other
    provision of law, upon approval
    and order of the Director of
    Finance, the State Water
    Resources Control Board may
    borrow sufficient funds for
    cash purposes from special
    funds that otherwise provide
    support for the board. Any such
    loans are to be repaid with
    interest at the rate earned in
    the Pooled Money Investment
    Account.
    2. Of the amount contained in
    Schedule (2), $3,750,000 shall
    be used to fund 25.0 permanent
    positions in support of water
    rights enforcement.
    SEC. 10. Item 3940-001-3058 of Section 2.00 of the Budget Act of
    2009 is amended to read:
    3940-001-3058--For support of State Water
    Resources Control Board, for payment to Item
    3940-001-0439, payable from the Water Rights 11,197,00
    Fund......................................... 0
    Provisions:
    1. The increase in appropriation
    in this item shall be paid only
    from the fee revenue in the
    Water Rights Fund.
    SEC. 11. Commencing with the 2010-11 fiscal year, and
    notwithstanding Section 13340 of the Government Code, three million
    seven hundred fifty thousand dollars ($3,750,000) is hereby
    continuously appropriated, without regard to fiscal years, on an
    annual basis, only from the fee revenue in the Water Rights Fund to
    the State Water Resources Control Board for the purposes of funding
    25.0 permanent water right enforcement positions, as provided in
    Schedule (2) of Item 3940-001-0439 of Section 2.00 of the Budget Act
    of 2009, as amended by this act.
    SEC. 12. This act shall take effect only if Senate Bill 1, Senate
    Bill 6, and Senate Bill 7 of the 2009-10 Seventh Extraordinary
    Session of the Legislature are enacted and become effective.
  • Summary/Fact Sheet Title
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  • BILL NUMBER: SBX7 8 CHAPTERED
    BILL TEXT

    CHAPTER 2
    FILED WITH SECRETARY OF STATE NOVEMBER 6, 2009
    APPROVED BY GOVERNOR NOVEMBER 6, 2009
    PASSED THE SENATE NOVEMBER 4, 2009
    PASSED THE ASSEMBLY NOVEMBER 4, 2009
    AMENDED IN ASSEMBLY NOVEMBER 4, 2009
    AMENDED IN SENATE NOVEMBER 2, 2009

    INTRODUCED BY Senator Steinberg

    OCTOBER 28, 2009

    An act to amend Sections 5100, 5101, 5103, and 5107 of, to add
    Chapter 2.7 (commencing with Section 348) to Division 1 of, and to
    repeal Section 5108 of, the Water Code, and to amend and supplement
    the Budget Act of 2009 (Chapter 1 of the 2009-10 Third Extraordinary
    Session) by amending Items 3940-001-0439 and 3940-001-3058 of Section
    2.00 of the Budget Act of 2009, relating to water resources, and
    making an appropriation therefor.
    LEGISLATIVE COUNSEL`S DIGEST
    SB 8, Steinberg. Water diversion and use: reporting: resources:
    Disaster Preparedness and Flood Prevention Bond Act of 2006: Safe
    Drinking Water, Water Quality and Supply, Flood Control, River and
    Coastal Protection Bond Act of 2006.
    (1) Existing law, with certain exceptions, requires each person
    who diverts water after December 31, 1965, to file with the State
    Water Resources Control Board a prescribed statement of diversion and
    use. Existing law requires a statement to include specified
    information, including, on and after January 1, 2012, monthly records
    of water diversions. Under existing law, the monthly record
    requirement does not apply to a surface water diversion with a
    combined diversion capacity from a natural channel that is less than
    50 cubic feet per second or to diverters using siphons in the tidal
    zone. Existing law subjects a person who makes a material
    misstatement in connection with the filing of the diversion and use
    statements to administratively imposed civil penalties in the amount
    of $500 for each violation.
    This bill would revise the types of water diversions for which the
    reporting requirement does not apply, including, among other
    diversions, a diversion that occurs before January 1, 2009, if
    certain requirements are met. The bill would delete exceptions to the
    monthly record requirement, and revise requirements relating to the
    contents of the statement of diversion and use.
    The bill would subject a person to civil liability if that person
    fails to file, as required, a diversion and use statement for a
    diversion or use that occurs after January 1, 2009, tampers with any
    measuring device, or makes a material misstatement in connection with
    the filing of a diversion and use statement. The board would be
    authorized to impose the civil liability in accordance with a
    specified schedule.
    The bill would authorize the board and the Department of Water
    Resources to adopt emergency regulations for the filing of reports of
    water diversion or use that are required to be filed by those
    respective state agencies under specified statutory provisions.
    The bill would make additional conforming changes and would set
    forth related legislative findings and declarations.
    (2) The Budget Act of 2009 made appropriations for the support of
    the State Water Resources Control Board for the 2009-10 fiscal year,
    with certain payments from the Water Rights Fund.
    This bill would amend and supplement the Budget Act of 2009 by
    making an additional appropriation from the fund to support water
    rights enforcement. The bill would, commencing with the 2010-11
    fiscal year, continuously appropriate $3,750,000 on an annual basis
    only from fee revenue in the fund to the board for the purpose of
    funding permanent water right enforcement positions.
    (3) Under existing law, various bond acts have been approved by
    the voters to provide funds for water projects, facilities, and
    programs. The Disaster Preparedness and Flood Prevention Bond Act of
    2006, a bond act approved by the voters at the November 7, 2006,
    statewide general election, authorizes the issuance of bonds in the
    amount of $4,090,000,000 for the purposes of financing disaster
    preparedness and flood prevention projects. The Safe Drinking Water,
    Water Quality and Supply, Flood Control, River and Coastal Protection
    Bond Act of 2006, an initiative bond act approved by the voters at
    the November 7, 2006, statewide general election, authorizes the
    issuance of bonds in the amount of $5,388,000,000 for the purposes of
    financing a safe drinking water, water quality and supply, flood
    control, and resource protection program.
    This bill would appropriate $546,000,000 from these bond acts for
    integrated regional water management, flood control and management,
    and natural community conservation planing, as provided.
    (4) The bill would take effect only if SB 1, SB 6, and SB 7 of the
    2009-10 7th Extraordinary Session of the Legislature are enacted and
    become effective.
    Appropriation: yes.
    THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

    SECTION 1. The Legislature finds and declares all of the
    following:
    (a) The San Francisco Bay-Sacramento-San Joaquin River Delta
    (Delta) is in the midst of an ecological crisis. Its unique character
    and capacity to serve California are threatened by a variety of
    factors, including diversions of water, pollution, urbanization,
    flood and seismic risks, and invasive species.
    (b) The water that is found in, and delivered through, the Delta
    is the source of drinking water for 25,000,000 Californians, fuels a
    $37,000,000,000 agricultural industry, and serves as an important
    habitat for over 750 plant and animal species.
    (c) It has been estimated that there are over 1,800 agricultural,
    municipal, and industrial diversions in the Delta that, combined,
    divert 5 percent of the freshwater flows from the Delta watershed.
    However, because none of these in-Delta diverters are required to
    measure and report their water diversion and use, there is presently
    little data regarding the nature, extent, and location of these
    diversions.
    (d) Given the well-known importance of water to the state`s
    health, economy, and welfare, including to its ecosystems and natural
    resources, water measurement and reporting are required for most
    diversions.
    (e) The Delta Vision Committee Implementation Report recommends
    improved monitoring and reporting, including the elimination of
    exemptions from requirements for the filing of statements of water
    diversion and use.
    SEC. 2. Chapter 2.7 (commencing with Section 348) is added to
    Division 1 of the Water Code, to read:
    CHAPTER 2.7. WATER DIVERSION AND USE REPORTS
    348. (a) The department or the board may adopt emergency
    regulations providing for the electronic filing of reports of water
    diversion or use required to be filed with the department or board
    under this code, including, but not limited to, any report required
    to be filed under Part 5.1 (commencing with Section 5100) of Division
    2 and any report required to be filed by a water right permittee or
    licensee.
    (b) Emergency regulations adopted pursuant to this section, or any
    amendments thereto, shall be adopted by the department or the board
    in accordance with Chapter 3.5 (commencing with Section 11340) of
    Part 1 of Division 3 of Title 2 of the Government Code. The adoption
    of these regulations is an emergency and shall be considered by the
    Office of Administrative Law as necessary for the immediate
    preservation of the public peace, health, safety, and general
    welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340)
    of Part 1 of Division 3 of Title 2 of the Government Code, any
    emergency regulations or amendments to those regulations adopted
    under this section shall remain in effect until revised by the
    department or the board that adopted the regulations or amendments.
    SEC. 3. Section 5100 of the Water Code is amended to read:
    5100. As used in this part:
    (a) "Best available technologies" means technologies at the
    highest technically practical level, using flow totaling devices, and
    if necessary, data loggers and telemetry.
    (b) "Best professional practices" means practices attaining and
    maintaining the accuracy of measurement and reporting devices and
    methods.
    (c) "Diversion" means taking water by gravity or pumping from a
    surface stream or subterranean stream flowing through a known and
    definite channel, or other body of surface water, into a canal,
    pipeline, or other conduit, and includes impoundment of water in a
    reservoir.
    (d) "Person" means all persons whether natural or artificial,
    including the United States of America, State of California, and all
    political subdivisions, districts, municipalities, and public
    agencies.
    SEC. 4. Section 5101 of the Water Code is amended to read:
    5101. Each person who, after December 31, 1965, diverts water
    shall file with the board, prior to July 1 of the succeeding year, a
    statement of his or her diversion and use, except that a statement is
    not required to be filed if the diversion is any of the following:
    (a) From a spring that does not flow off the property on which it
    is located and from which the person`s aggregate diversions do not
    exceed 25 acre-feet in any year.
    (b) Covered by a registration for small domestic or livestock
    stockpond uses, or permit or license to appropriate water on file
    with the board.
    (c) Included in a notice filed pursuant to Part 5 (commencing
    with Section 4999).
    (d) Regulated by a watermaster appointed by the department and
    included in annual reports filed with a court or the board by the
    watermaster, which reports identify the persons who have diverted
    water and describe the general purposes and the place, the use, and
    the quantity of water that has been diverted from each source.
    (e) Included in annual reports filed with a court or the board by
    a watermaster appointed by a court or pursuant to statute to
    administer a final judgment determining rights to water, which
    reports identify the persons who have diverted water and give the
    general place of use and the quantity of water that has been diverted
    from each source.
    (f) For use in compliance with Article 2.5 (commencing with
    Section 1226) or Article 2.7 (commencing with Section 1228) of
    Chapter 1 of Part 2.
    (g) A diversion that occurs before January 1, 2009, if any of the
    following applies:
    (1) The diversion is from a spring that does not flow off the
    property on which it is located, and the person`s aggregate
    diversions do not exceed 25 acre-feet in any year.
    (2) The diversion is covered by an application to appropriate
    water on file with the board.
    (3) The diversion is reported by the department in its hydrologic
    data bulletins.
    (4) The diversion is included in the consumptive use data for the
    Delta lowlands published by the department in its hydrologic data
    bulletins.
    SEC. 5. Section 5103 of the Water Code is amended to read:
    5103. Each statement shall be prepared on a form provided by the
    board. The statement shall include all of the following information:
    (a) The name and address of the person who diverted water and of
    the person filing the statement.
    (b) The name of the stream or other source from which water was
    diverted, and the name of the next major stream or other body of
    water to which the source is tributary.
    (c) The place of diversion. The location of the diversion works
    shall be depicted on a specific United States Geological Survey
    topographic map, or shall be identified using the California
    Coordinate System, or latitude and longitude measurements. If
    assigned, the public land description to the nearest 40-acre
    subdivision and the assessor`s parcel number shall also be provided.
    (d) The capacity of the diversion works and of the storage
    reservoir, if any, and the months in which water was used during the
    preceding calendar year.
    (e) (1) On and after January 1, 2012, monthly records of water
    diversions. The measurements of the diversion shall be made using
    best available technologies and best professional practices. Nothing
    in this paragraph shall be construed to require the implementation of
    technologies or practices by a person who provides to the board
    documentation demonstrating that the implementation of those
    practices is not locally cost effective.
    (2) (A) The terms of, and eligibility for, any grant or loan
    awarded or administered by the department, the board, or the
    California Bay-Delta Authority on behalf of a person that is subject
    to paragraph (1) shall be conditioned on compliance with that
    paragraph.
    (B) Notwithstanding subparagraph (A), the board may determine that
    a person is eligible for a grant or loan even though the person is
    not complying with paragraph (1), if both of the following apply:
    (i) The board determines that the grant or loan will assist the
    grantee or loan recipient in complying with paragraph (1).
    (ii) The person has submitted to the board a one-year schedule for
    complying with paragraph (1).
    (C) It is the intent of the Legislature that the requirements of
    this subdivision shall complement and not affect the scope of
    authority granted to the board by provisions of law other than this
    article.
    (f) The purpose of use.
    (g) A general description of the area in which the water was used.
    The location of the place of use shall be depicted on a specific
    United States Geological Survey topographic map and on any other maps
    with identifiable landmarks. If assigned, the public land
    description to the nearest 40-acre subdivision and the assessor`s
    parcel number shall also be provided.
    (h) The year in which the diversion was commenced as near as is
    known.
    SEC. 6. Section 5107 of the Water Code is amended to read:
    5107. (a) The making of any willful misstatement pursuant to this
    part is a misdemeanor punishable by a fine not exceeding one
    thousand dollars ($1,000) or by imprisonment in the county jail for
    not to exceed six months, or both.
    (b) Any person who fails to file a statement required to be filed
    under this part for a diversion or use that occurs after January 1,
    2009, who tampers with any measuring device, or who makes a material
    misstatement pursuant to this part may be liable civilly as provided
    in subdivisions (c) and (d).
    (c) Civil liability may be administratively imposed by the board
    pursuant to Section 1055 in an amount not to exceed the following
    amounts:
    (1) For failure to file a statement, one thousand dollars
    ($1,000), plus five hundred dollars ($500) per day for each
    additional day on which the violation continues if the person fails
    to file a statement within 30 days after the board has called the
    violation to the attention of that person.
    (2) For a violation resulting from a physical malfunction of a
    measuring device not caused by the person or any other unintentional
    misstatement, two hundred fifty dollars ($250), plus two hundred
    fifty dollars ($250) per day for each additional day on which the
    measuring device continues to malfunction or the misstatement is not
    corrected if the person fails to correct or repair the measuring
    device or correct the misstatement within 60 days after the board has
    called the malfunction or violation to the attention of that person.

    (3) For knowingly tampering with any measuring device or knowingly
    making a material misstatement in a statement filed under this part,
    twenty-five thousand dollars ($25,000), plus one thousand dollars
    ($1,000) for each day on which the violation continues if the person
    fails to correct the violation within 30 days after the board has
    called the violation to the attention of that person.
    (4) For any other violation, five hundred dollars ($500), plus two
    hundred fifty dollars ($250) for each additional day on which the
    violation continues if the person fails to correct the violation
    within 30 days after the board has called the violation to the
    attention of that person.
    (d) When an additional penalty may be imposed under subdivision
    (c) for failure to correct a violation or correct or repair a
    malfunctioning measuring device within a specified period after the
    violation has been called to a person`s attention by the board, the
    board, for good cause, may provide for a longer period for correction
    of the problem, and the additional penalty shall not apply if the
    violation is corrected within the period specified by the board.
    (e) In determining the appropriate amount, the board shall
    consider all relevant circumstances, including, but not limited to,
    all of the following factors:
    (1) The extent of harm caused by the violation.
    (2) The nature and persistence of the violation.
    (3) The length of time over which the violation occurs.
    (4) Any corrective action undertaken by the violator.
    (f) All funds recovered pursuant to this section shall be
    deposited in the Water Rights Fund established pursuant to Section
    1550.
    (g) Remedies under this section are in addition to, and do not
    supersede or limit, any other remedies, civil or criminal.
    SEC. 7. Section 5108 of the Water Code is repealed.
    SEC. 8. The sum of five hundred forty-six million dollars
    ($546,000,000) is hereby appropriated as follows:
    (a) Two hundred fifty million dollars ($250,000,000) from the
    funds made available by, and consistent with, Section 75026 of the
    Public Resources Code to the Department of Water Resources for
    integrated regional water management grants and expenditures for
    programs and projects that, when implemented, will help reduce
    dependence on the Sacramento-San Joaquin Delta for water supply.
    (b) Thirty-two million dollars ($32,000,000) from the funds made
    available by, and consistent with, Section 75033 of the Public
    Resources Code to the Department of Water Resources for flood control
    projects in the Sacramento-San Joaquin Delta designed to reduce the
    potential for levee failures that would jeopardize water conveyance.
    (c) One hundred seventy million dollars ($170,000,000) from the
    funds made available by, and consistent with, subdivision (c) of
    Section 5096.821 of the Public Resources Code to the Department of
    Water Resources to reduce the risk of levee failure in the
    Sacramento-San Joaquin Delta that would jeopardize water conveyance.
    (d) Seventy million dollars ($70,000,000) from the funds made
    available by, and consistent with, Section 5096.827 of the Public
    Resources Code to the Department of Water Resources for grants for
    stormwater flood management projects.
    (e) Twenty-four million dollars ($24,000,000) from the funds made
    available by, and consistent with, subdivision (c) of Section 75055
    of the Public Resources Code to the Wildlife Conservation Board for
    grants to local agencies to implement, or assist in the establishment
    of, natural community conservation plans for areas in or around the
    Sacramento-San Joaquin Delta pursuant to Chapter 10 (commencing with
    Section 2800) of Division 3 of the Fish and Game Code.
    SEC. 9. Item 3940-001-0439 of Section 2.00 of the Budget Act of
    2009 is amended to read:
    3940-001-0439--For support of State Water
    Resources Control Board................... 238,113,000
    Schedule:
    (1) 10-Water Quality.... 439,650,000
    (2) 20-Water Rights..... 15,408,000
    (3) 30.01-
    Administration...... 21,059,000
    (4) 30.02-Distributed
    Administration...... -21,059,000
    (5) Reimbursements...... -8,932,000
    (6) Amount payable from
    the General Fund
    (Item 3940-001-
    0001)............... -40,575,000
    (7) Amount payable from
    the Unified Program
    Account (Item 3940-
    001-0028)........... -621,000
    (8) Amount payable from
    the Waste Discharge
    Permit Fund (Item
    3940-001-0193)...... -78,768,000
    (9) Amount payable from
    the Marine Invasive
    Species Control
    Fund (Item 3940-001-
    0212)............... -103,000
    (10) Amount payable from
    the Public
    Resources Account,
    Cigarette and
    Tobacco Products
    Surtax Fund (Item
    3940-001-0235)...... -2,039,000
    (11) Amount payable from
    the Integrated
    Waste Management
    Account,
    Integrated Waste
    Management Fund
    (Item 3940-001-
    0387)............... -6,757,000
    (12) Amount payable from
    the Water Recycling
    Subaccount (Item
    3940-001-0419)...... -1,150,000
    (13) Amount payable from
    the Drainage
    Management
    Subaccount (Item
    3940-001-0422)...... -515,000
    (14) Amount payable from
    the Seawater
    Intrusion Control
    Subaccount (Item
    3940-001-0424)...... -222,000
    (15) Amount payable from
    the Underground
    Storage Tank Tester
    Account (Item 3940-
    001-0436)........... -64,000
    (16) Amount payable from
    the 1984 State
    Clean Water Bond
    Fund (Item 3940-001-
    0740)............... -322,000
    (17) Amount payable from
    the Federal Trust
    Fund (Item 3940-001-
    0890)............... -51,353,000
    (18) Amount payable from
    the Water Rights
    Fund (Item 3940-001-
    3058)............... -11,197,000
    (19) Amount payable from
    the Watershed
    Protection
    Subaccount (Item
    3940-001-6013)...... -250,000
    (20) Amount payable from
    the Santa Ana River
    Watershed
    Subaccount (Item
    3940-001-6016)...... -250,000
    (21) Amount payable from
    the Lake Elsinore
    and San Jacinto
    Watershed
    Subaccount (Item
    3940-001-6017)...... -150,000
    (22) Amount payable from
    the Nonpoint Source
    Pollution Control
    Subaccount (Item
    3940-001-6019)...... -200,000
    (23) Amount payable from
    the State Revolving
    Fund Loan
    Subaccount (Item
    3940-001-6020)...... -81,000
    (24) Amount payable from
    the Wastewater
    Construction Grant
    Subaccount (Item
    3940-001-6021)...... -23,000
    (25) Amount payable from
    the Coastal
    Nonpoint Source
    Control
    Subaccount (Item
    3940-001-6022)...... -150,000
    (26) Amount payable from
    the Water Security,
    Clean Drinking
    Water, Coastal and
    Beach Protection
    Fund of 2002 (Item
    3940-001-6031)...... -3,000,000
    (27) Amount payable from
    the Safe Drinking
    Water, Water
    Quality and Supply,
    Flood Control,
    River and Coastal
    Protection Fund of
    2006 (Item 3940-001-
    6051)............... -4,073,000
    (28) Amount payable from
    the Petroleum
    Underground Storage
    Tank Financing
    Account (Item 3940-
    001-8026)........... -618,000
    (29) Amount payable from
    the State Water
    Pollution Control
    Revolving Fund
    Administration Fund
    (Item 3940-001-
    9739)............... -5,532,000
    Provisions:
    1. Notwithstanding any other
    provision of law, upon approval
    and order of the Director of
    Finance, the State Water
    Resources Control Board may
    borrow sufficient funds for
    cash purposes from special
    funds that otherwise provide
    support for the board. Any such
    loans are to be repaid with
    interest at the rate earned in
    the Pooled Money Investment
    Account.
    2. Of the amount contained in
    Schedule (2), $3,750,000 shall
    be used to fund 25.0 permanent
    positions in support of water
    rights enforcement.
    SEC. 10. Item 3940-001-3058 of Section 2.00 of the Budget Act of
    2009 is amended to read:
    3940-001-3058--For support of State Water
    Resources Control Board, for payment to Item
    3940-001-0439, payable from the Water Rights 11,197,00
    Fund......................................... 0
    Provisions:
    1. The increase in appropriation
    in this item shall be paid only
    from the fee revenue in the
    Water Rights Fund.
    SEC. 11. Commencing with the 2010-11 fiscal year, and
    notwithstanding Section 13340 of the Government Code, three million
    seven hundred fifty thousand dollars ($3,750,000) is hereby
    continuously appropriated, without regard to fiscal years, on an
    annual basis, only from the fee revenue in the Water Rights Fund to
    the State Water Resources Control Board for the purposes of funding
    25.0 permanent water right enforcement positions, as provided in
    Schedule (2) of Item 3940-001-0439 of Section 2.00 of the Budget Act
    of 2009, as amended by this act.
    SEC. 12. This act shall take effect only if Senate Bill 1, Senate
    Bill 6, and Senate Bill 7 of the 2009-10 Seventh Extraordinary
    Session of the Legislature are enacted and become effective.



  • View History
  • COMPLETE BILL HISTORY
    BILL NUMBER : S.B. No. 8 (7th Ex. Sess.)
    AUTHOR : Steinberg
    TOPIC : Water diversion and use: reporting: resources: Disaster
    Preparedness and Flood Prevention Bond Act of 2006: Safe
    Drinking Water, Water Quality and Supply, Flood Control, River
    and Coastal Protection Bond Act of 2006.

    TYPE OF BILL :
    Inactive
    Non-Urgency
    Appropriations
    Majority Vote Required
    Non-State-Mandated Local Program
    Fiscal
    Non-Tax Levy

    BILL HISTORY
    2009
    Nov. 6 Chaptered by Secretary of State. Chapter 2, Statutes of 2009-10
    Seventh Extraordinary Session.
    Nov. 6 Approved by Governor.
    Nov. 5 Enrolled. To Governor at 2:30 p.m.
    Nov. 4 In Senate. Senate concurs in Assembly amendments. (Ayes 23. Noes
    3. Page 34.) To enrollment.
    Nov. 4 Art. IV, Sec. 8(b), of Constitution dispensed with. (Ayes 57. Noes
    8. Page 39.) Read second time. Read third time. Amended. (Page
    40.) Read third time. Passed. (Ayes 49. Noes 20. Page 41.)
    To Senate.
    Nov. 3 In Assembly. Read first time. Held at Desk.
    Nov. 2 Re-referred to Com. on B. & F.R. pursuant to Joint Rule 10.5.
    Senate Rule 29.3 suspended. (Ayes 22. Noes 11. Page 22.) From
    committee: Do pass as amended. (Ayes 21. Noes 4. Page 37.)
    Read second time. Amended. Senate Rule 29 suspended. (Ayes 22.
    Noes 11. Page 22.) Placed on third reading. Read third time.
    Passed. (Ayes 21. Noes 12. Page 23.) To Assembly.
    Oct. 29 Withdrawn from committee. Placed on second reading file. Read
    second time. Placed on third reading.
    Oct. 28 Introduced. Read first time. To Com. on RLS.


    View Complete Text
  • View Analysis
  • 2009-11-04 00:00:00

    BILL ANALYSIS                                                                                                                                                                                                    

    SB 8 X7
    Page 1

    Revised - As Amended RN0925404

    SENATE THIRD READING
    SB 8 X7 (Steinberg)
    As Amended November 4, 2009
    Majority vote

    SENATE VOTE :21-12

    SUMMARY : Deletes water diversion reporting exemptions for
    diverters in the Sacramento-San Joaquin Delta (Delta).
    Appropriates funding from bonds and a special fund.
    Specifically, this bill :

    1)Authorizes the State Water Resources Control Board (SWRCB) and
    the Department of Water Resources (DWR) to adopt emergency
    regulations for the filing of reports of water diversion or
    use that are required to be filed by those respective state
    agencies under specified statutory provisions.

    2)Revises exemptions for the reporting of water diversions,
    after January 1, 2009, including:

    a) Limiting exemptions for diversions from a spring that
    does not flow off the property to annual diversions of 25
    acre-feet or less;

    b) Eliminating exemptions for diversions covered by a water
    right application at SWRCB, located in "Delta lowlands," or
    reported in DWR hydrologic bulletins;

    c) Adding exemption for small domestic or livestock stock
    pond uses;

    d) Limiting exemption for Delta diversions to those with a
    combined diversion capacity of less than 10 gallons per
    minute; and,

    e) Revising exemption for diversions regulated by the
    Watermaster, to require submission of information by the
    Watermaster.

    3)Eliminates the 50 cubic feet per second (cfs) threshold for
    reporting of diversions in the Delta.


    SB 8 X7
    Page 2

    4)Specifies required information as to the location of
    diversions.

    5)Allows diverters to avoid using best available water
    measurement technology for monthly reporting if not locally
    cost-effective.

    6)Subjects a person to civil liability if that person fails to
    file, as required, a diversion and use statement for a
    diversion or use that occurs after January 1, 2009, tampers
    with any measuring device, or makes a material misstatement in
    connection with the filing of a diversion and use statement.

    7)Authorizes SWRCB to impose the civil liability in accordance
    with a specified schedule and specified considerations,
    including ability to pay.

    8)Appropriates $546 million in bond funding from Propositions 1E
    (2006) and 84 (2006) as follows:

    a) $250 million from integrated regional water management
    funding to reduce dependence on the Sacramento-San Joaquin
    Delta (Delta) for water supply;

    b) $32 million from Delta flood control funding for flood
    control projects that reduce levee failure risk that would
    jeopardize water conveyance in the Delta;

    c) $170 million from Central Valley flood control funding
    for Delta flood control projects to protect water supply;

    d) $70 million from storm water flood management funding
    for storm water projects; and,

    e) $24 million in Natural Community Conservation Plan
    (NCCP) funding for NCCP projects in or around the Delta.

    9)Appropriates $3.75 million in fee-generated funding from the
    Water Rights Fund to hire 25 additional water rights
    enforcement personnel at SWRCB.

    10)Makes additional conforming changes and related legislative
    findings and declarations.

    11)Makes this bill contingent on enactment of SB 1 x7

    SB 8 X7
    Page 3

    (Simitian), SB 6 x7 (Steinberg) and SB 7 x7 (Steinberg).

    EXISTING LAW :

    1)Exempts surface water diversions of less than 50 cfs, or
    diversions by siphons from the tidal zone of the Delta from
    requirements for measurement and reporting to SWRCB. Delta
    diversions are also exempt if consumptive use data for the
    Delta lowlands is published by DWR in its hydrologic data
    bulletins.

    2)Authorizes bond funding for a variety of flood protection,
    water supply, water quality and watershed programs, based on
    November 2006 voter approval.

    FISCAL EFFECT : Appropriates $579.75 million. In addition,
    Senate Appropriations Committee estimated costs, for a
    predecessor bill in the regular session, AB 900 (De Leon), at
    approximately $500,000.

    COMMENTS : This bill would require all in-Delta diverters to
    record and report all diversions, regardless of method or volume
    of their diversion, to SWRCB. Historically, Delta diversions
    were exempt from water diversion reporting requirements, which
    date back to 1965, due to the distinct nature of Delta
    diversions. As discussion of the need for greater information
    on water diversions, particularly within the Delta`s watershed,
    has developed, the need for information on all diversions has
    become apparent. The conflict over state and federal water
    project (CVP/SWP) diversions intensified demand that all Delta
    diversions be monitored. In October 2008, the Delta Vision
    Strategic Plan (Plan), issued by the Delta Vision Blue Ribbon
    Task Force (Task Force), confirmed that need, noted the
    uncertainty of Delta decision-making without accurate reporting,
    and recommended repeal of the Delta`s reporting exemptions. The
    cabinet-level Delta Vision Committee concurred in that
    recommendation.

    Delta Reporting Exemptions : SB 8 X7 would repeal the portion of
    AB 1404 (Laird) from 2007 that exempts in-Delta diverters from
    reporting requirements and require those diverters to begin
    monitoring and reporting as soon as January 2011, rather than
    2012 for other diverters. AB 1404 exempted in-Delta users from
    post-2012 requirements to provide monthly reports of water
    diversions. The lack of any reporting on in-Delta diversions

    SB 8 X7
    Page 4

    (other than CVP/SWP diversions) leads to a lack of information
    on the quantity and timing of diversions within the region. By
    contrast, the CVP/SWP diversions are tracked with precision.
    The December 2007 Task Force report estimates that in-Delta
    diversions represent between 4% and 5% of total Delta inflow,
    compared to about 17% for Delta exports. The Task Force`s 2008
    report stated "the State Board has issued permits for the
    diversion of water from the Delta to less than a third of those
    currently assumed to be doing so. The State Board does not know
    how many divert water without permits." In recent years, there
    has been a surge in water rights and reporting litigation, much
    of it focused on diversions from the Delta watershed.

    Levee Bond Appropriations : In November 2006, voters approved a
    substantial amount of bond funding for watershed protection and
    Central Valley flood protection, including improvements to Delta
    levees. This bill relies on bond funding approved by voters in
    Propositions 1E (legislative bond) and 84 (initiative bond).
    This funding will address an urgent issue that was not foreseen
    in 2006 - the current drought - but the purposes of these
    appropriations were nevertheless authorized for bond funding.

    Water Rights Fund Appropriation : This bill also includes a
    $3.75 million appropriation from the Water Rights Fund, which is
    funded by fees on water right holders to support operation of
    the Water Rights Division of SWRCB.
    Analysis Prepared by : Alf W. Brandt / W., P. & W. / (916)
    319-2096
    FN: 0003501


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03/25/2010 3:42 PM

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