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  Assembly  June 30, 2022
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, govern consideration of climate change 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 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, among others, in preparing the regulations.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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. govern consideration of climate change in water availability analyses used in the board’s review of applications for water rights permits.
(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.

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