Bill Text: CA AB1914 | 2013-2014 | Regular Session | Amended

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Bill Title: Water resources: permits: terms and conditions: Trinity

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-23 - In committee: Set, second hearing. Held under submission. [AB1914 Detail]

Download: California-2013-AB1914-Amended.html

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BILL NUMBER: AB 1914	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2014

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 19, 2014

   An act to add Section 1394.5 to the Water Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1914, as amended, Chesbro. Water resources: permits: terms and
conditions : Trinity River  .
   Under existing law, the State Water Resources Control Board is
required to issue a water permit upon approval of an application if
certain facts exist subject to specified terms and conditions.
Existing law authorizes the board to reserve jurisdiction, in whole
or in part, to amend, revise, supplement, or delete terms and
conditions in a permit under specified circumstances.
   This bill would require the board, when approving an application
for a water permit or an application for renewal or amendment of a
water permit that affects  the Lower Klamath River or
 the Trinity River,  excluding tributaries,  to
conform the use of that permit to the minimum instream flows
established by the United States Department of the Interior's Record
of Decision, Trinity River Mainstem Fishery Restoration, Final
Environmental Impact Statement/Environmental Impact Report, adopted
December 19, 2000, and to adopt specified requirements.
   The bill would require the board to reserve jurisdiction over any
permit affecting  the Lower Klamath River or  the
Trinity River  , excluding tributaries,  and to apply the
terms and conditions adopted pursuant to the above-specified
provisions to any existing permit affecting  the Lower
Klamath River or  the Trinity River,  excluding
tributaries,  including, but not limited to, a permit issued for
unappropriated water, for water under an existing right, for an
amount of water over that which is available under an existing right
to meet the beneficial use requirements of a project, or for an
amount of water reasonably necessary for any other identified
beneficial use. 
   The bill would provide that these provisions do not diminish,
impair, or otherwise affect in any manner whatsoever any area of
origin, watershed of origin, county of origin, or any other water
rights protections, including, but not limited to, rights to water
appropriated prior to December 19, 1914, provided under the law, or
limit or otherwise affect the application of other specified
provisions of law. 
   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 1394.5 is added to the Water Code, to read:
   1394.5.  (a) When approving an application for a water permit or
an application for renewal or amendment of a water permit that
affects  the Lower Klamath River or  the Trinity
River,  excluding tributaries,  the board shall conform the
use of that permit to the minimum instream flows established by the
United States Department of the Interior's Record of Decision,
Trinity River Mainstem Fishery Restoration, Final Environmental
Impact Statement/Environmental Impact Report, adopted December 19,
2000, and do  all   both  of the following:

   (1) Designate the Lower Klamath River, from the confluence of the
Trinity River downstream to the Pacific Ocean, and the Trinity River,
from Trinity Dam to the confluence of the Klamath River, as an
authorized place of use.  
   (2) 
    (1)  Adopt the Trinity River temperature water quality
objectives contained in the Water Quality Control Plan for the North
Coast Region as standard permit terms and conditions. 
   (3) 
    (2)  Adopt minimum cold water carryover storage
operational criteria to ensure compliance with the Water Quality
Control Plan for the North Coast Region temperature objectives for
the Trinity River.
   (b) The board shall reserve jurisdiction over any permit affecting
 the Lower Klamath River or  the Trinity River 
, excluding tributaries,  and apply the terms and conditions
adopted pursuant to subdivision (a) to any existing permit affecting
 the Lower Klamath River or  the Trinity River, 
excluding tributaries,  including, but not limited to, a permit
issued for unappropriated water, for water under an existing right,
for an amount of water over that which is available under an existing
right to meet the beneficial use requirements of a project, or for
an amount of water reasonably necessary for any other identified
beneficial use. 
   (c) This section does not diminish, impair, or otherwise affect in
any manner whatsoever any area of origin, watershed of origin,
county of origin, or any other water rights protections, including,
but not limited to, rights to water appropriated prior to December
19, 1914, provided under the law. This section does not limit or
otherwise affect the application of Article 1.7 (commencing with
Section 1215) of Chapter 1 of Part 2 of Division 2, Sections 10505,
10505.5, 11128, 11460, 11461,11462, and 11463, and Sections 12200 to
12220, inclusive.