BILL NUMBER: AB 2357 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Dahle
FEBRUARY 18, 2016
An act to amend Section 1840 1841 of
the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 2357, as amended, Dahle. Water rights: measurement of
diversion. monitoring and reporting.
Existing law authorizes the State Water Resources Control Board to
adopt regulations requiring measurement and reporting of water
diversion and use by persons including, among others, those
authorized to appropriate water under a permit, license, registration
for small domestic, small irrigation, or livestock stockpond use, or
a certification for livestock stockpond use.
This bill would restrict the state board's authorization to adopt
regulations requiring measurement and reporting of water diversion
and use by persons authorized to appropriate water under a
registration or certification to uses that are year-round.
Existing law requires a person who diverts 10 acre-feet of water
per year or more under a permit or license to install and maintain a
device or employ a method capable of measuring the rate of direct
diversion, rate of collection to storage, and rate of withdrawal or
release from storage, as specified, and with certain exceptions.
This bill would delay those requirements for 2 years.
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 1841 of the Water
Code is amended to read:
1841. (a) The board may adopt regulations requiring measurement
and reporting of water diversion and use by either of the following:
(1) Persons authorized to appropriate water under a permit,
license, registration for small domestic, small irrigation, or
livestock stockpond use, if the registered use is year-round,
or certification for livestock stockpond use.
use, if the certified use is year-round.
(2) Persons required to comply with measurement and reporting
regulations pursuant to subparagraph (B) of paragraph (1) of
subdivision (e) of Section 5103.
(b) The initial regulations that the board adopts pursuant to this
section shall be adopted as emergency regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code. The adoption of the initial
regulations is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health, safety, and general welfare. Notwithstanding
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, any emergency regulations adopted
under this section shall remain in effect until revised by the board.
(c) The adoption of the initial regulations pursuant to this
article is exempt from Division 13 (commencing with Section 21000) of
the Public Resources Code.
SECTION 1. Section 1840 of the Water Code is
amended to read:
1840. (a) (1) Except as provided in subdivision (b), a person
who, on or after January 1, 2018, diverts 10 acre-feet of water per
year or more under a permit or license shall install and maintain a
device or employ a method capable of measuring the rate of direct
diversion, rate of collection to storage, and rate of withdrawal or
release from storage. The measurements shall be made using the best
available technologies and best professional practices, as defined in
Section 5100, using a device or methods satisfactory to the board,
as follows:
(A) A device shall be capable of continuous monitoring of the rate
and quantity of water diverted and shall be properly maintained. The
permittee or licensee shall provide the board with evidence that the
device has been installed with the first report submitted after
installation of the device. The permittee or licensee shall provide
the board with evidence demonstrating that the device is functioning
properly as part of the reports submitted at five-year intervals
after the report documenting installation of the device, or upon
request of the board.
(B) In developing regulations pursuant to Section 1841, the board
shall consider devices and methods that provide accurate measurement
of the total amount diverted and the rate of diversion. The board
shall consider devices and methods that provide accurate measurements
within an acceptable range of error, including the following:
(i) Electricity records dedicated to a pump and recent pump test.
(ii) Staff gage calibrated with an acceptable streamflow rating
curve.
(iii) Staff gage calibrated for a flume or weir.
(iv) Staff gage calibrated with an acceptable storage capacity
curve.
(v) Pressure transducer and acceptable storage capacity curve.
(2) The permittee or licensee shall maintain a record of all
diversion monitoring that includes the date, time, and diversion rate
at time intervals of one hour or less, and the total amount of water
diverted. These records shall be included with reports submitted
under the permit or license, as required under subdivision (c), or
upon request of the board.
(b) (1) The board may modify the requirements of subdivision (a)
upon finding either of the following:
(A) That strict compliance is infeasible, is unreasonably
expensive, would unreasonably affect public trust uses, or would
result in the waste or unreasonable use of water.
(B) That the need for monitoring and reporting is adequately
addressed by other conditions of the permit or license.
(2) The board may increase the 10-acre-foot reporting threshold of
subdivision (a) in a watershed or subwatershed, after considering
the diversion reporting threshold in relation to quantity of water
within the watershed or subwatershed. The board may increase the
10-acre-foot reporting threshold to 25 acre-feet or more if it finds
that the benefits of the additional information within the watershed
or subwatershed are substantially outweighed by the cost of
installing measuring devices or employing methods for measurement for
diversions at the 10-acre-foot threshold.
(c) At least annually, a person who diverts water under a
registration, permit, or license shall report to the board the
following information:
(1) The quantity of water diverted by month.
(2) The maximum rate of diversion by months in the preceding
calendar year.
(3) The information required by subdivision (a), if applicable.
(d) Compliance with the applicable requirements of this section is
a condition of every registration, permit, or license.