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SB-228 Groundwater storage: beneficial use.(2015-2016)

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CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Senate Bill
No. 228

Introduced by Senator Cannella

February 13, 2015

An act to amend Section 1242 of the Water Code, relating to water.


LEGISLATIVE COUNSEL'S DIGEST


SB 228, as introduced, Cannella. Groundwater storage: beneficial use.
Under existing law, the right to water or to the use of water is limited to that amount of water that may be reasonably required for the beneficial use to be served. Existing law declares that the storing of water underground, and related diversions for that purpose, constitute a beneficial use of water if the stored water is thereafter applied to the beneficial purposes for which the appropriation for storage was made.
This bill would declare that the recharging of a groundwater basin by a local groundwater management agency or a local groundwater sustainability agency for the purposes of repelling saline intrusion and recovering basin groundwater levels constitutes a beneficial use of water if the recharge is consistent with the local agency’s groundwater management plan or groundwater sustainability plan.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1242 of the Water Code is amended to read:

1242.
 (a) The storing of water underground, including the diversion of streams and the flowing of water on lands necessary to the accomplishment of such storage, constitutes a beneficial use of water if the water so stored is thereafter applied to the beneficial purposes for which the appropriation for storage was made.
(b) The recharging of a groundwater basin by a local groundwater management agency or a local groundwater sustainability agency for the purposes of repelling saline intrusion and recovering basin groundwater levels, including the diversion of streams, the flowing of water on lands, or other similar means necessary for the accomplishment of groundwater recharge for these purposes, constitutes a beneficial use of water if the local agency has determined that the recharge is consistent with the local agency’s groundwater management plan or groundwater sustainability plan adopted pursuant to Part 2.75 (commencing with Section 10750) or Part 2.74 (commencing with Section 10720) of Division 6, respectively.