Bill Text: CA AB1905 | 2013-2014 | Regular Session | Chaptered
Bill Title: Water rights: appropriation: small domestic, small irrigation, and livestock stockpond use.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-08-22 - Chaptered by Secretary of State - Chapter 268, Statutes of 2014. [AB1905 Detail]
Download: California-2013-AB1905-Chaptered.html
BILL NUMBER: AB 1905 CHAPTERED
BILL TEXT
CHAPTER 268
FILED WITH SECRETARY OF STATE AUGUST 22, 2014
APPROVED BY GOVERNOR AUGUST 22, 2014
PASSED THE SENATE AUGUST 7, 2014
PASSED THE ASSEMBLY MAY 8, 2014
INTRODUCED BY Assembly Member Alejo
FEBRUARY 19, 2014
An act to amend Sections 1228.1 and 1228.2 of the Water Code,
relating to water rights.
LEGISLATIVE COUNSEL'S DIGEST
AB 1905, Alejo. Water rights: appropriation: small domestic, small
irrigation, and livestock stockpond use.
The Water Rights Permitting Reform Act of 1988 authorizes any
person to obtain a right to appropriate water for a small domestic,
small irrigation, or livestock stockpond use, as defined, upon
registering the use with the State Water Resources Control Board, as
prescribed, payment of a registration fee, and application of the
water to reasonable and beneficial use with due diligence. Existing
law defines "livestock stockpond" to mean a water impoundment
structure constructed for livestock watering use not to exceed
specified diversion amounts, including impoundment for incidental
aesthetic, recreational, or fish and wildlife purposes.
This bill would provide that impoundment for incidental fire
protection purposes is included within livestock stockpond use.
Existing law, with regard to an appropriation for small domestic
use, prohibits a registration from being filed if the facility is
already served by or used pursuant to a permit or license for
domestic or municipal use.
This bill would permit a small domestic use registration and a
livestock stockpond use registration to be in effect for the same
facility if the total combined water use covered by the registrations
does not exceed 10 acre-feet per annum.
Existing law permits a small domestic use registration and a small
irrigation use registration to be in effect for the same facility if
the total combined water use covered by the registrations does not
exceed 20 acre-feet per annum.
This bill would extend this authorization to a livestock stockpond
use registration and a small irrigation use registration in effect
for the same facility.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1228.1 of the Water Code is amended to read:
1228.1. (a) The Legislature finds and declares that it is in the
public interest to provide a timely, efficient, and economic
procedure for the acquisition of rights to appropriate water for a
small domestic use, including incidental stock watering and
irrigation uses, a small irrigation use, and for a livestock
stockpond subject to prior rights.
(b) As used in this article:
(1) "Small domestic use" means a domestic use, as that use is
defined by board rule, or a use for aesthetic, fire protection,
recreational, or fish and wildlife purposes that is associated with a
dwelling or other facility for human occupation, that does not
exceed direct diversion of 4,500 gallons per day or diversion to
storage of 10 acre-feet per annum.
(2) "Small irrigation use" means either of the following:
(A) An irrigation use, heat control use, or frost protection use,
not to exceed diversion to storage of 20 acre-feet per annum,
including impoundment for incidental aesthetic, fire protection,
recreational, or fish and wildlife purposes.
(B) An irrigation use not to exceed direct diversion of 42,000
gallons per day, up to a maximum of 20 acre-feet per annum.
(3) "Livestock stockpond" means a water impoundment structure
constructed for livestock watering use not to exceed direct diversion
of 4,500 gallons per day, or diversion to storage of 10 acre-feet
per year, as that use is defined by the board, and including
impoundment for incidental aesthetic, fire protection, recreational,
or fish and wildlife purposes.
SEC. 2. Section 1228.2 of the Water Code is amended to read:
1228.2. (a) (1) Subject to subdivision (b), any person may obtain
a right to appropriate water for a small domestic, small irrigation,
or livestock stockpond use upon first registering the use with the
board and thereafter applying the water to reasonable and beneficial
use with due diligence.
(2) With regard to an appropriation for small domestic use, a
registration shall not be filed for a facility served by or used
pursuant to a permit or license for domestic or municipal use, and
not more than one small domestic use registration shall be in effect
at any time for any facility. A small domestic use registration and a
livestock stockpond use registration may be in effect for the same
facility if the total combined water use covered by the registrations
does not exceed 10 acre-feet per annum.
(3) With regard to an appropriation for small irrigation use, more
than one registration may be in effect at any time for a registrant
if the diversion or storage facilities subject to registration for a
registrant do not exceed the ratio of one per 20 irrigated acres, and
if the total water use on all acreage covered by the registrations,
including any water use based on other rights, does not exceed 100
acre-feet per annum.
(4) A small domestic use registration and a small irrigation use
registration, or a livestock stockpond use registration and a small
irrigation use registration, may be in effect for the same facility
only if the total combined water use covered by the registrations
does not exceed 20 acre-feet per annum.
(5) With regard to an appropriation for livestock stockpond use,
more than one registration may be in effect at any time for a
registrant if stockponds subject to registration for that registrant
do not exceed the ratio of one per 50 acres.
(b) Initiation of rights to appropriate water pursuant to this
article shall be subject to Article 1.3 (commencing with Section
1205), relating to fully appropriated stream systems. The board shall
not accept any registration of water use which proposes as a source
of water supply any stream system which has been unconditionally
declared by the board to be fully appropriated pursuant to Section
1205, except that subdivision (b) of Section 1206, relating to
conditional declarations of fully appropriated stream systems, shall
apply to registration of water use pursuant to this article, and the
board shall accept those registrations where consistent with the
conditions specified in the declaration.
(c) On or before June 30, 1989, and annually thereafter, the
Division of Water Rights shall prepare and post on its Internet Web
site information summarizing the location, nature, and amount of
water appropriated pursuant to this article. The information shall
include a description of the availability of unappropriated water in
those stream systems which may become fully appropriated within the
next reporting period.
(d) If a registration is filed with a source of supply on a stream
system that the most recent report submitted under subdivision (c)
identifies as a stream system that may become fully appropriated
within the next reporting period, the registration shall not take
effect unless the board finds that unappropriated water is available
for the appropriation proposed by the registration. If the board
finds that unappropriated water is not available to supply the
proposed appropriation, the board shall, following notice and
hearing, determine whether that stream system should be declared
fully appropriated pursuant to Article 1.3 (commencing with Section
1205).
