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AB-1427 Water: underground storage.(2017-2018)

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Date Published: 03/22/2017 04:00 AM
AB1427:v98#DOCUMENT

Amended  IN  Assembly  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1427


Introduced by Assembly Member Eggman

February 17, 2017


An act to amend Section 66518 of the Government Code, relating to transportation. An act to amend Section 1242 of the Water Code, relating to water.


LEGISLATIVE COUNSEL'S DIGEST


AB 1427, as amended, Eggman. Metropolitan Transportation Commission. Water: underground storage.
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 provides for the reversion of water rights to which a person is entitled when the person fails to beneficially use the water for a period of 5 years. 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 revise the above declaration to additionally provide that certain uses of stored water while underground constitute beneficial use. The bill would provide that the forfeiture periods of a water right do not apply to water being beneficially used, as provided, or being held in storage for later beneficial use.

Existing law designates the Metropolitan Transportation Commission (MTC) as the regional transportation planning agency for the 9-county San Francisco Bay area, with various powers and duties relative to transportation planning, programming, and funding. Existing law requires the California Transportation Commission, when allocating funds for construction on the state highway system within the region under the jurisdiction of the MTC, to conform to the regional transportation plan and the schedule of priorities adopted by the MTC, but authorizes the California Transportation Commission to deviate from the MTC’s plan and schedule because of an overriding statewide interest. Existing law describes the authorized routes in the state highway system, which includes the routes in the interstate highway system in California.

This bill would, in this regard, delete a specific reference to the interstate highway system and instead refer solely to the state highway system.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   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.
 The storing of water underground, including the diversion of streams and the flowing of water on lands necessary to the accomplishment of such that storage, constitutes a beneficial use of water for which an appropriation may be made if the stored water so stored is thereafter applied to beneficial use, consistent with this division, or if beneficial use of water, including, but not limited to, the beneficial purposes for which protection of water quality or recovery of groundwater levels, is made while the appropriation water is underground. The forfeiture periods described in this article do not apply to water being beneficially used in the aquifer or being held in storage for storage was made. later beneficial use.

SECTION 1.Section 66518 of the Government Code is amended to read:
66518.

When allocating funds for construction on the state highway system within the region, the California Transportation Commission shall conform to the regional transportation plan and the schedule of priorities for construction included in the plan. The California Transportation Commission, however, may deviate from the regional transportation plan and the schedule of priorities established for construction on the state highway system within the region because of an overriding statewide interest.