Bill Text: CA SB1340 | 2011-2012 | Regular Session | Enrolled
Bill Title: Appropriation of water: Sewerage Commission Oroville.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Vetoed) 2012-09-13 - In Senate. Consideration of Governor's veto pending. [SB1340 Detail]
Download: California-2011-SB1340-Enrolled.html
BILL NUMBER: SB 1340 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 21, 2012
PASSED THE ASSEMBLY AUGUST 16, 2012
AMENDED IN ASSEMBLY JULY 2, 2012
AMENDED IN ASSEMBLY JUNE 20, 2012
AMENDED IN SENATE APRIL 9, 2012
INTRODUCED BY Senator La Malfa
(Coauthor: Assembly Member Nielsen)
FEBRUARY 24, 2012
An act to add Section 1487 to, and to add and repeal Section 1488
of, the Water Code, relating to water resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 1340, La Malfa. Appropriation of water: Sewerage Commission
Oroville.
Under existing law, the State Water Resources Control Board
(board) administers a water rights program pursuant to which the
board grants permits and licenses to appropriate water.
Existing law requires the owner of a wastewater treatment plant to
obtain the approval of the board prior to making any changes in the
point of discharge, place of use, or purpose of use of treated
wastewater, and requires the board to review the proposed changes in
accordance with prescribed procedures.
Existing law authorizes any municipality, governmental agency, or
political subdivision operating a waste disposal plant that
discharges water meeting the requirements of the appropriate regional
board into the San Joaquin River to file an application for a permit
to appropriate an equal amount of water, as adjusted for seepage and
other factors, downstream from the disposal plant and out of the San
Joaquin River or the Sacramento-San Joaquin Delta, which water may
be sold or utilized for any beneficial purpose. Existing law
authorizes the board to grant the permit to appropriate on such terms
and conditions as in the board's judgment are necessary for the
protection of the rights of others.
This bill would authorize the Sewerage Commission Oroville to file
an application for a permit, on or after July 1, 2013, to
appropriate a specified amount of water that is based on the volume
of treated wastewater that it discharges into the Feather River, as
specified. The bill would authorize the board to grant a permit to
appropriate that treated wastewater upon terms and conditions
determined by the board. The bill would require the board, prior to
granting a permit pursuant to these provisions, to comply with
permit, approval, and review requirements and other laws applicable
to the appropriation of water.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the Sewerage Commission
Oroville.
The bill would require the board to prepare a report assessing the
potential cumulative effects of the above-described discharge and
appropriation provisions on the use of water rights by current water
rights holders, the ability to meet or exceed instream flow standards
in the Sacramento and San Joaquin Rivers, and the ability to meet or
exceed water quality standards in the Sacramento-San Joaquin Delta
and in the Sacramento and San Joaquin Rivers. The bill would require
the board to post the report on its Internet Web site and transmit an
electronic copy of the final report to subject matter committees of
the Legislature by July 1, 2013, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1487 is added to the Water Code, to read:
1487. (a) The Sewerage Commission Oroville, and any successor
thereto, with respect to treated wastewater produced by the
sanitation district that meets the requirements of the California
Regional Water Quality Control Board, Central Valley, as may be
amended or modified, and that is discharged into the Feather River,
may file an application with the board, on or after July 1, 2013, for
a permit to appropriate an amount of water up to the amount of
treated wastewater that the Sewerage Commission Oroville discharges
into the Feather River, less diminution by seepage, evaporation,
transportation, or other natural causes between the point of
discharge from the wastewater treatment plant and the point of
diversion out of the Feather River.
(b) Upon application for a permit to appropriate water pursuant to
subdivision (a), the board may grant the permit subject to the terms
and conditions as in the board's judgment are necessary for the
protection of the rights of any legal user of the water.
(c) Prior to the board granting a permit under subdivision (b),
the board shall comply with Part 2 (commencing with Section 1200) of
Division 2, and other applicable law, and may impose terms and
conditions authorized thereunder.
(d) Water appropriated in accordance with this section may be sold
or utilized for any beneficial purpose.
SEC. 2. Section 1488 is added to the Water Code, to read:
1488. (a) The board shall prepare a report assessing the
potential cumulative effects of the application of this article on
the following:
(1) The exercise of water rights by current water rights holders.
(2) The ability to meet or exceed instream flow standards for the
Sacramento and San Joaquin Rivers.
(3) The ability to meet or exceed water quality standards for the
Sacramento and San Joaquin Rivers.
(b) (1) The board shall keep an electronic mailing list of
interested parties. Before issuing a final report prepared pursuant
to subdivision (a), the board shall post a draft of the report on its
Internet Web site and notify all interested parties subscribed to
the electronic mailing list. The board shall accept written comments
on the report for a period of not less than 30 days from the date of
posting.
(2) The board shall post its final report on its Internet Web
site and notify interested parties subscribed to the electronic
mailing list. The board shall transmit an electronic copy of the
final report to the Senate Committee on Natural Resources and Water
and the Assembly Committee on Water, Parks and Wildlife by July 1,
2013.
(c) The report prepared pursuant to subdivision (a) shall not be
considered binding or precedential on any later proceeding before the
board.
(d) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on July 1, 2017.
SEC. 3. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique problems applicable to the full utilization of
the waters of the Feather River, into which treated wastewater
discharged by the Sewerage Commission Oroville flows.
