Bill Text: CA AB2919 | 2021-2022 | Regular Session | Amended
Bill Title: Dams: release of water: fish populations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-04-26 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2919 Detail]
Download: California-2021-AB2919-Amended.html
Amended
IN
Assembly
March 24, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2919
Introduced by Assembly Member Fong |
February 18, 2022 |
An act to amend Section 5937 of add Section 5937.5 to the Fish and Game Code, relating to dams.
LEGISLATIVE COUNSEL'S DIGEST
AB 2919, as amended, Fong.
Dams: release of water: fishway. fish populations.
Existing law requires the Department of Fish and Wildlife to examine all dams in all rivers and streams in the state naturally frequented by fish. If, in the opinion of the Fish and Game Commission, there is not free passage for fish over or around any dam, existing law requires the department to cause plans to be furnished for a suitable fishway, and to order in writing the owner of the dam to provide the dam with a durable and efficient fishway. Existing law requires the owner of a dam to 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.
This bill
would make nonsubstantive changes to that provision. provide that, notwithstanding any other law, the release of water from a dam shall only be regulated based on actual fish populations and not based on approximate fish populations.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 5937.5 is added to the Fish and Game Code, to read:5937.5.
Notwithstanding any other law, the release of water from a dam shall only be regulated based on actual fish populations and not based on approximate fish populations.The owner of a 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
a river or stream, permission may be granted by the department to the owner of a 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.