Bill Text: CA AB647 | 2015-2016 | Regular Session | Amended
Bill Title: Beneficial use: storing of water underground.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB647 Detail]
Download: California-2015-AB647-Amended.html
BILL NUMBER: AB 647 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 30, 2015
AMENDED IN SENATE JUNE 19, 2015
AMENDED IN ASSEMBLY MAY 5, 2015
AMENDED IN ASSEMBLY APRIL 15, 2015
INTRODUCED BY Assembly Member Eggman
(Principal coauthor: Assembly Member Olsen)
(Coauthor: Senator Berryhill)
FEBRUARY 24, 2015
An act to repeal and add Section 1242 of the Water Code, relating
to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 647, as amended, Eggman. Beneficial use: storing of water
underground.
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 repeal that declaration and instead declare that
the diversion of water to underground storage constitutes a
beneficial use of water if the water so stored is thereafter applied
to the beneficial purposes for which the appropriation for storage
was made, or if the water is so stored consistent with a sustainable
groundwater management plan, statutory authority to conduct
groundwater recharge, or a judicial decree and is for specified
purposes. This bill would require any person, regardless of
an existing water right, person seeking to store
water underground to first apply to the State Water Resources
Control Board for a permit to appropriate water or petition the board
for a change change, as specified .
This bill would require the board to include specified conditions in
an approved permit or petition. This bill would provide that the
period for the reversion of a water right does not include any period
when the water is being used in the aquifer or storage area
or is being held in storage for later application to beneficial use,
area, as prescribed.
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 1242 of the Water Code is repealed.
SEC. 2. Section 1242 is added to the Water Code, to read:
1242. (a) The diversion of water to underground storage
constitutes a beneficial use of water if either of the following
conditions are met:
(1) The water so stored is thereafter applied to the beneficial
purposes for which the appropriation for storage was made.
(2) The water is so stored consistent with a sustainable
groundwater management plan developed pursuant to Part 2.74
(commencing with Section 10720) of Division 6, statutory authority to
conduct groundwater recharge, or a judicial decree and is for one of
the following purposes:
(A) Protecting water quality from saline water intrusion or other
contamination.
(B) Preventing or remediating significant and unreasonable land
subsidence that substantially interferes with surface land uses.
(C) Preventing or remediating chronic lowering of groundwater
levels indicating a significant and unreasonable depletion of supply
if continued over the planning and implementation horizon of the
sustainable groundwater management plan.
(b) (1) Any person, regardless of an existing water
right, person seeking to use water for a purpose
described in paragraph (2) of subdivision (a) shall first apply to
the board for a permit to appropriate water if the person does
not hold a water right or a person holding a water
right subject to this division, or a pre-1914 appropriative water
right, shall petition the board for a change to
that water right. if the person holds a pre-1914 water
right, a permit, or a license. The board shall review the
application or petition pursuant to this part.
(2) An order by the board approving an application or petition
described in paragraph (1) shall include conditions that prohibit the
diversion of water at times when a legal user of water on the
watercourse from which water is proposed for diversion is releasing
previously stored water or is restricted from diverting water from
that watercourse either due to requirements established by the board
or a regional board to carry out water quality control plans prepared
pursuant to Division 7 (commencing with Section 13000) or imposed
pursuant to the Fish and Game Code or the federal Endangered Species
Act of 1973.
(3) In addition to the conditions described in paragraph (2), an
order by the board approving an application or petition to
appropriate water from a stream tributary to the Sacramento-San
Joaquin Delta, as defined in Section 12220, shall include conditions
that prohibit the diversion of water at either of the following
times:
(A) If the delta is in "balanced water conditions," as that term
is defined by the Agreement Between the United States of America and
the State of California for the Coordinated Operation of the Central
Valley Project and the State Water Project, dated November 24, 1986.
(B) When the Central Valley Project, the State Water Project, or
other permitted storage project is making releases of previously
stored water for instream purposes or delta outflow.
(4) Conditions that prohibit the diversion of water imposed
pursuant to subparagraph (B) of paragraph (3) shall not apply when
upstream releases are made solely for compliance points
upstream of the diversion.
(c)
(c) For any person holding a permit or license in which the board
has authorized, on or before January 1, 2016, the underground storage
of water, the diversion of water to underground storage consistent
with that permit or license is presumed to meet the condition
described in paragraph (1) of subdivision (a).
(d) The forfeiture periods in Sections 1240 and 1241 do
not include any period when, consistent with this section,
when the water is being used in the aquifer or
storage area or is being held in storage for later
application to beneficial use. pursuant to paragraph
(2) of subdivision (a).
