Bill Text: CA SB1205 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Amended.html

---

Amended  IN  Senate  April 27, 2022

Amended  IN  Senate  March 17, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 1205

---

Introduced by Senator Allen
(Coauthors: Senators Hueso and Stern)

February 17, 2022

---

An act to add Section 1259.6 to the Water Code, relating to water.

LEGISLATIVE COUNSEL'S DIGEST

SB 1205, as amended, 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 provide greater specificity as to the methods and practices for determining water availability in the issuance and administration of water right permits and licenses, including consideration of the effects of climate change, as specified, upon watershed hydrology as part of the preparation of water availability analyses. 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 scientists, among others, in preparing the regulations.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

---

Bill 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 provide greater specificity as to the methods and practices for determining water availability in the issuance of water right permits and the administration of water right permits and licenses.

(2) The board, in developing and adopting the regulations, shall consider the effects of climate change upon watershed hydrology as part of the preparation of water availability analyses.

(3) The effects of climate change to be considered pursuant to paragraph (2) include, but are not limited to, drought extremes, climate variability, wildfires, long-term watershed land use changes, groundwater-surface water interactions, and the uncertainties associated with each of those effects.

(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.

SECTION 1.Section 1259.6 is added to the Water Code, to read:

1259.6.

The board shall develop and adopt regulations to provide greater specificity as to the methods and practices for determining water availability in the issuance and administration of water right permits and licenses. The regulations shall include, but shall not be limited to, consideration of the effects of climate change, including drought extremes, climate variability, wildfires, long-term watershed land use changes, and ground-water-surface-water interactions, upon watershed hydrology as part of the preparation of water availability analyses. In preparing the regulations, the board shall consult with the Department of Water Resources, the Department of Fish and Wildlife, and qualified hydrologists and climate change scientists.