Bill Text: CA AB1986 | 2015-2016 | Regular Session | Amended
Bill Title: Water resources: permit to appropriate: application procedure.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2016-11-30 - From committee without further action. [AB1986 Detail]
Download: California-2015-AB1986-Amended.html
BILL NUMBER: AB 1986 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2016
INTRODUCED BY Assembly Member Wilk
FEBRUARY 16, 2016
An act to add Chapter 5.5 (commencing with Section 1355)
to Part 2 of Division 2 of Section 1305 to the
Water Code, relating to water resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 1986, as amended, Wilk. Water resources: permit to appropriate:
application procedure.
Under existing law, the State Water Resources Control Board
administers a water rights program pursuant to which the board grants
permits and licenses to appropriate water. Existing law requires an
application for a permit to appropriate water to include, among other
things, sufficient information to demonstrate a reasonable
likelihood that unappropriated water is available for the proposed
appropriation. Existing law requires the board to issue and deliver a
notice of an application as soon as practicable after the receipt of
an application for a permit to appropriate water that conforms to
the law. Existing law allows interested persons to file a written
protest with regard to an application to appropriate water and
requires the protestant to set forth the objections to the
application. Existing law declares that no hearing is necessary to
issue a permit in connection with an unprotested application, or if
the undisputed facts support the issuance of the permit and there is
no disputed issue of material fact, unless the board elects to hold a
hearing.
This bill, if the board has not rendered a final determination on
an application for a permit to appropriate water within 20 years from
the date the application was filed, would require the board to issue
another notice of application and mail the notice of
application, as prescribed. This bill would require the applicant to
publish and post the notice of application, as prescribed. This bill
would authorize any person interested to file with the board a
written protest against the approval of the application and require
the board to proceed on the application, as specified.
a notice and provide an opportunity for protests before
rendering a final determination, with specified exceptions. This bill
would provide that it is n ot a limitation on the
authority of the board to issue a notice or direct the applicant to
issue a notice if, because of changes in the project or other
circumstances, the issuance of a notice is necessary to provide a
fair opportunity for interested persons to file protests or is in the
public interest.
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 1305 is added to the
Water Code , to read:
1305. (a) If the board has not rendered a final determination on
an application for a permit to appropriate water within 20 years from
the date the application was filed, the board shall issue a new
notice and provide an opportunity for protests under Chapter 4
(commencing with Section 1330) before rendering a final
determination.
(b) A notice and opportunity for protests pursuant to subdivision
(a) is not required if any of the following apply:
(1) The application is canceled or denied.
(2) A notice and opportunity for protests has been provided within
five years prior to the board rendering a final approval.
(3) The board holds a hearing or conducts proceedings under
Article 1.5 (commencing with Section 1345), after public notice of
the hearing or proceeding, and allows any person requesting notice of
the hearing or proceedings to participate as a party in the hearing
or proceeding, including the presentation of evidence, without having
to have filed protests. The board shall provide not less than 45
days' written notice, in the same manner as would be provided to an
unresolved protestant, to any person requesting the notice.
(c) This section is not a limitation on the authority of the board
to issue a notice or direct the applicant to issue a notice if,
because of changes in the project or other circumstances, the
issuance of a notice is necessary to provide a fair opportunity for
interested persons to file protests or is in the public interest.
SECTION 1. Chapter 5.5 (commencing with Section
1355) is added to Part 2 of Division 2 of the Water Code, to read:
CHAPTER 5.5. PROCEDURES FOR DELAYED APPLICATIONS
1355. (a) If the board has not rendered a final determination on
an application for a permit to appropriate water within 20 years from
the date the application was filed, the board shall do the
following:
(1) Issue another notice of application in accordance with Article
1 (commencing with Section 1300) of Chapter 3.
(2) Mail the notice of application in accordance with Section
1321.
(b) The applicant shall do both of the following:
(1) Publish the notice of application in accordance with Article 2
(commencing with Section 1310) of Chapter 3.
(2) Post the notice of application in accordance with Article 3
(commencing with Section 1320) of Chapter 3.
(c) Any person interested may file with the board a written
protest against the approval of the application in accordance with
Chapter 4 (commencing with Section 1330) and the board shall conduct
proceedings on the application in accordance with Chapter 5
(commencing with Section 1340).
