Bill Text: CA AB441 | 2019-2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 441

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Introduced by Assembly Member Eggman

February 11, 2019

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An act to amend Section 1242 of the Water Code, relating to water.

LEGISLATIVE COUNSEL'S DIGEST

AB 441, as introduced, 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. The bill would provide that the forfeiture periods of a water right do not apply to water being beneficially used, as provided, or being held in storage for later beneficial use.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill 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.

 The storing of water underground, including the diversion of streams and the flowing of water on lands necessary to the accomplishment of such that storage, constitutes a beneficial use of water for which an appropriation may be made if the stored water so stored is thereafter applied to beneficial use, consistent with this division, or if beneficial use of water, including, but not limited to, the beneficial purposes for which protection of water quality or recovery of groundwater levels, is made while the appropriation 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 storage was made. later beneficial use.