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AB-2909 Water: transfer or exchange: expedited review.(2015-2016)

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AB2909:v96#DOCUMENT

Amended  IN  Senate  August 01, 2016
Amended  IN  Senate  June 21, 2016
Amended  IN  Assembly  April 05, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill
No. 2909


Introduced by Assembly Member Levine

March 09, 2016


An act to add and repeal Section 1733 to of the Water Code, relating to water.


LEGISLATIVE COUNSEL'S DIGEST


AB 2909, as amended, Levine. Water: transfer or exchange: expedited review.
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. Existing law provides procedures for a permittee or licensee to temporarily change the point of diversion, place of use, or purpose of use due to a transfer or exchange of water or water rights, as specified. These temporary transfers are defined as transfers of one year or less.
This bill would require the board to develop and implement an expedited 30-day review process for approval of petitions under those provisions to temporarily change the point of diversion, place of use, or purpose of use due to a transfer or exchange of water or water rights if the transfer is for a reoccurring water transfer, as defined, or an environmentally beneficial transfer, as defined. The bill would require the Department of Water Resources to develop a 30-day review process for reoccurring water transfers between contractors for State Water Project water and for reoccurring water transfers that utilize facilities of the State Water Project. The bill would repeal its provisions as of January 1, 2022.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1733 is added to the Water Code, to read:

1733.
 (a) For the purposes of this section:
(1) “Environmentally beneficial transfer” means a transfer that does not negatively impact an ecosystem’s health or local drinking water supply in the source area and includes any either of the following:
(A) A transfer between water users that is designed to benefit the environment.
(B) A transfer that protects habitat and sensitive wildlife or enhances managed wetland supply, wildlife refuges, ecosystems, and instream flow.

(C)A transfer that benefits local drinking water supplies by reducing local groundwater overdraft or improving water quality.

(D)A transfer that contributes to the implementation of the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6).

(2) “Reoccurring water transfer” means a transfer of one year or less that is substantially similar in volume, time of year, and hydrologic conditions to a transfer previously approved by the department or the board in the past 48 months.
(b) The board shall develop and implement an expedited 30-day review process for approval of petitions under this article to temporarily change the point of diversion, place of use, or purpose of use due to a transfer or exchange of water or water rights if the transfer is for a reoccurring water transfer or an environmentally beneficial transfer.
(c) The department shall develop a 30-day review process for reoccurring water transfers between contractors for State Water Project water and for reoccurring water transfers that utilize facilities of the State Water Project.
(d) Transfers under this section shall not alter the priority for use of conveyance facilities.
(e) This section applies in addition to any other law relating to water transfers or exchanges.
(f) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.