Today's Law As Amended


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AB-1914 Water resources: permits: terms and conditions: Trinity River.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 1394.5 is added to the Water Code, to read:

1394.5.
 (a) When approving an application for a water permit or an application for renewal or amendment of a water permit that affects the Trinity River, excluding tributaries, the board shall conform the use of that permit to the minimum instream flows established by the United States Department of the Interior’s Record of Decision, Trinity River Mainstem Fishery Restoration, Final Environmental Impact Statement/Environmental Impact Report, adopted December 19, 2000, and do both of the following:
(1) Adopt the Trinity River temperature water quality objectives contained in the Water Quality Control Plan for the North Coast Region as standard permit terms and conditions.
(2) Adopt minimum cold water carryover storage operational criteria to ensure compliance with the Water Quality Control Plan for the North Coast Region temperature objectives for the Trinity River.
(b) The board shall reserve jurisdiction over any permit affecting the Trinity River, excluding tributaries, and apply the terms and conditions adopted pursuant to subdivision (a) to any existing permit affecting the Trinity River, excluding tributaries, including, but not limited to, a permit issued for unappropriated water, for water under an existing right, for an amount of water over that which is available under an existing right to meet the beneficial use requirements of a project, or for an amount of water reasonably necessary for any other identified beneficial use.
(c) This section does not diminish, impair, or otherwise affect in any manner whatsoever any area of origin, watershed of origin, county of origin, or any other water rights protections, including, but not limited to, rights to water appropriated prior to December 19, 1914, provided under the law. This section does not limit or otherwise affect the application of Article 1.7 (commencing with Section 1215) of Chapter 1 of Part 2 of Division 2, Sections 10505, 10505.5, 11128, 11460, 11461,11462, and 11463, and Sections 12200 to 12220, inclusive.