Bill Text: CA AB2550 | 2015-2016 | Regular Session | Introduced
Bill Title: State Water Resources Control Board: instream flow curtailments: compensation.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2550 Detail]
Download: California-2015-AB2550-Introduced.html
BILL NUMBER: AB 2550 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Patterson
FEBRUARY 19, 2016
An act to add Section 1052.5 to the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 2550, as introduced, Patterson. State Water Resources Control
Board: instream flow curtailments: compensation.
Under existing law, the State Water Resources Control Board
administers a water rights program pursuant to which the board grants
permits and licenses to divert water. Existing law requires each
person who diverts water to file with the board a statement of his or
her diversion and use, unless the diversion is covered by a permit
or license to appropriate water on file with the board.
This bill would require the board to financially compensate a
person who is unable to divert the full amount of water authorized
under his or her permit or license due to a board-issued instream
flow curtailment, and a person who is required to file a statement of
diversion and use and is unable to divert the same amount of water
in the succeeding year due to a board-issued instream flow
curtailment. The bill would only apply this requirement to instream
flow curtailments issued by the board on and after January 1, 2017.
This bill would make various findings and declarations.
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. (a) The Legislature finds and declares all of the
following:
(1) The holder of a water right uses that right for beneficial
uses that benefit Californians, including municipal uses, such as
drinking water for families, and growing a variety of crops for
California families.
(2) Californians are dependent on water for uses such as drinking,
bathing, cooking, and growing food for both sustenance and economic
opportunities. One out of every five jobs in the Central Valley is
related to agriculture, from farm workers to salespersons, and, for
every dollar produced on a farm, more than $3.50 is generated in the
local and regional economy, providing real jobs in California.
(3) There is a direct and actual cost to Californians when the
State Water Resources Control Board issues curtailments for instream
flows and prioritizes these actions over the consequences of failure
to deliver water to people.
(4) Instream flow requirements restrict other users of water and
have unknown economic impacts.
(5) At the time the State Water Resources Control Board issues a
curtailment for instream flow, the action is tantamount to a taking,
a contractual violation of, or alteration to the terms of the water
permit that has associated costs.
(6) In determining instream flow requirements for a waterway, the
State Water Resources Control Board should be required to investigate
the potential impact a new or modified requirement will have on
rural and agricultural communities.
(7) Monetary compensation to the holder of a water right would
assist in the viability of purchasing and providing water through
alternative sources, purchasing water efficiency equipment, and
implementing water conservation programs for municipal and other
water users alike. These actions would help to meet California's
objectives of maintaining a diverse economy and assisting local
economies and municipalities in times of state emergencies such as
droughts.
(8) In extreme times of drought, the priorities of the State of
California are to the people it serves.
(b) The Legislature finds and declares that it intends affected
parties to be monetarily compensated when an action by the State
Water Resources Control Board curtails water delivery due to instream
flow priorities.
SEC. 2. Section 1052.5 is added to the Water Code, to read:
1052.5. (a) The state board shall financially compensate the
following persons in accordance with subdivision (b):
(1) A person who holds a permit or license to divert water
pursuant to this division who is unable to divert the full amount of
water authorized under his or her permit or license due to a
board-issued instream flow curtailment.
(2) A person who is required to file with the board a statement of
his or her diversion and use of water pursuant to Section 5101 and
who is unable to divert the same amount of water in the immediately
succeeding year due to a board-issued instream flow curtailment.
(b) Compensation shall be per acre-foot and at a rate comparable
to the average price that is paid for a similar type of water under
similar circumstances in the state. When determining compensation,
the state board shall consider costs of developing and providing the
water, including access, storage, conveyance, and field distribution
systems.
(1) Compensation for a person described in paragraph (1) of
subdivision (a) shall be based on the difference between the amount
of water the person is authorized to divert under his or her permit
and the amount the person is authorized to divert under the
curtailment.
(2) Compensation for a person described in paragraph (2) of
subdivision (a) shall be based on the difference between the amount
of water the person specified in his or her statement of diversion
and use in the previous year and the amount the person is authorized
to divert under the curtailment.
(c) This section shall only apply to an instream flow curtailment
issued on and after January 1, 2017.
