Bill Text: CA AB2619 | 2013-2014 | Regular Session | Amended

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Bill Title: Dams: fish: critically dry year.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-04-01 - Re-referred to Com. on W.,P. & W. [AB2619 Detail]

Download: California-2013-AB2619-Amended.html

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BILL NUMBER: AB 2619	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Beth Gaines

                        FEBRUARY 21, 2014

   An act to amend Section  10931 of the Water Code, relating
to groundwater   5937 of the Fish and Game Code,
relating to water  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2619, as amended, Beth Gaines.  Groundwater monitoring.
  Dams: fish: critically dry year.  
   Existing law requires that the owner of any dam allow sufficient
water at all times to pass through a fishway, or in the absence of a
fishway, allow sufficient water to pass over, around, or through the
dam, to keep in good condition any fish that may be planted or exist
below the dam. Existing law authorizes the Department of Fish and
Game, during the minimum flow of water in any river or stream, to
grant permission to the dam owner to allow sufficient water to pass
through a culvert, waste gate, or over or around the dam, to keep in
good condition any fish that may be planted or exist below the dam,
when, in the judgment of the department, it is impracticable or
detrimental to the owner to pass the water through the fishway. 

   This bill would prohibit these provisions from applying during a
critically dry year.  
   Existing law establishes a groundwater monitoring program, in
accordance with prescribed procedures, and requires the Department of
Water Resources to work cooperatively with each monitoring entity,
as defined, to determine the manner in which groundwater elevation
information should be reported to the department. Existing law, for
the purposes of the groundwater monitoring program, authorizes the
department to make recommendations for improving an existing
monitoring program and to require additional monitoring wells under
certain circumstances.  
   This bill would make a technical, nonsubstantive change in these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 5937 of the   Fish and
Game Code   is amended to read: 
   5937.   The   (a)    
Except as provided in subdiv   ision (b), the  owner of
any dam shall allow sufficient water at all times to pass through a
fishway, or in the absence of a fishway, allow sufficient water to
pass over, around  ,  or through the dam, to keep in good
condition any fish that may be planted or exist below the dam. During
the minimum flow of water in any river or stream, permission may be
granted by the department to the owner of any dam to allow sufficient
water to pass through a culvert, waste gate, or over or around the
dam, to keep in good condition any fish that may be planted or exist
below the dam, when, in the judgment of the department, it is
impracticable or detrimental to the owner to pass the water through
the fishway. 
   (b) In order for human consumption of water to take priority over
other beneficial uses of water, this section shall not apply during a
critically dry year.  
  SECTION 1.    Section 10931 of the Water Code is
amended to read:
   10931.  (a) The department shall work cooperatively with each
monitoring entity to determine the manner in which groundwater
elevation information should be reported to the department pursuant
to this part. In determining what information should be reported to
the department, the department shall defer to existing monitoring
programs if those monitoring programs result in information that
demonstrates seasonal and long-term trends in groundwater elevations.
The department shall collaborate with the State Department of Public
Health to ensure that the information reported to the department
will not result in the inappropriate disclosure of the physical
address or geographical location of drinking water sources, storage
facilities, pumping operational data, or treatment facilities.
   (b) (1) For the purposes of this part, the department may
recommend improvements to an existing monitoring program, including
recommendations for additional monitoring wells.
   (2) The department may not require additional monitoring wells
unless funds are provided for that purpose.