Bill Text: CA SB1205 | 2021-2022 | Regular Session | Chaptered
Bill Title: Water rights: appropriation.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2022-09-16 - Chaptered by Secretary of State. Chapter 369, Statutes of 2022. [SB1205 Detail]
Download: California-2021-SB1205-Chaptered.html
Senate Bill
No. 1205
CHAPTER 369
An act to add Section 1259.6 to the Water Code, relating to water.
[
Approved by
Governor
September 16, 2022.
Filed with
Secretary of State
September 16, 2022.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 1205, Allen.
Water rights: appropriation.
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. As a prerequisite to the issuance of a permit to appropriate water, existing law requires certain facts to exist, including that there is unappropriated water available to supply the applicant.
This bill would require the board to develop and adopt regulations to govern consideration of climate change effects in water availability analyses used in the board’s review of applications for water rights permits, including consideration of the effects of climate change, as specified, upon watershed
hydrology, as specified. The bill would require the board to consult with the Department of Water Resources, the Department of Fish and Wildlife, and qualified hydrologists and climate change scientists, among others, in preparing the regulations. The bill would prohibit the board from refusing to accept or delay processing or approval of an application on the grounds that the regulations have not yet been adopted.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1259.6 is added to the Water Code, to read:1259.6.
(a) (1) The board shall develop and adopt regulations to govern consideration of climate change effects in water availability analyses used in the board’s review of applications for water rights permits. The board, in developing and adopting the regulations, shall consider the effects of climate change upon watershed hydrology. The effects considered shall include, but are not limited to, drought extremes, floods, and groundwater-surface water interactions.(2) This section does not limit any authority held by the board under this code or any other law, including, but not limited to, the authority of the board to require applicants for water right permits to submit information pursuant to Section 1260 or
1275.
(3) In developing the regulations, the board shall consider the feasibility of accurately assessing the effects of climate change on watershed hydrology.
(b) In preparing the regulations pursuant to subdivision (a), the board shall consult with the Department of Water Resources, the Department of Fish and Wildlife, qualified hydrologists and climate change scientists, potential applicants, and other interested parties.
(c) This section does not limit the board’s authority to accept or process applications before the regulations required under this section are adopted.
The board shall not refuse to accept or delay processing or approval of an application on the grounds that the regulations have not yet been adopted.
