Bill Text: CA AB2619 | 2013-2014 | Regular Session | Amended
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
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 Section10931 of the Water Code, relating to groundwater5937 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:noyes . 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.