Bill Text: CA AB441 | 2019-2020 | Regular Session | Amended
Bill Title: Water: underground storage.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB441 Detail]
Download: California-2019-AB441-Amended.html
Amended
IN
Assembly
March 27, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill | No. 441 |
Introduced by Assembly Member Eggman |
February 11, 2019 |
An act to amend Section 1242 of the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 441, as amended, Eggman.
Water: underground storage.
Under existing law, the right to water or to the use of water is limited to that amount of water that may be reasonably required for the beneficial use to be served. Existing law provides for the reversion of water rights to which a person is entitled when the person fails to beneficially use the water for a period of 5 years. Existing law declares that the storing of water underground, and related diversions for that purpose, constitute a beneficial use of water if the stored water is thereafter applied to the beneficial purposes for which the appropriation for storage was made.
This bill would revise the above declaration to additionally provide that certain uses of stored water while underground constitute beneficial use.
instead provide that any diversion of water to underground storage constitutes a diversion of water for beneficial use for which an appropriation may be made if the diverted water is put to beneficial use, as specified. The bill would provide that the forfeiture periods of a water right do not apply to include any period when the water is
being beneficially used, as provided, or used in the aquifer or storage area or is being held in underground storage for later application to beneficial use.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1242 of the Water Code is amended to read:1242.
TheThe storing of water underground, including the diversion of streams and the flowing of water on lands necessary to the accomplishment of that storage, constitutes a beneficial use of water for which an appropriation may be made if the stored water is thereafter applied to beneficial use, consistent with this division, or if beneficial use of water, including, but not limited to, the protection of water quality or recovery of groundwater levels, is made while the water is underground. The forfeiture periods described in this article do not apply to water being beneficially used in the aquifer or being held in storage for later beneficial use.