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AB-947 Department of Fish and Wildlife: lake or streambed alteration agreements: definitions.(2017-2018)

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Date Published: 04/17/2017 09:00 PM
AB947:v97#DOCUMENT

Amended  IN  Assembly  April 17, 2017
Amended  IN  Assembly  March 27, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 947


Introduced by Assembly Member Gallagher
(Coauthor: Assembly Member Eduardo Garcia)

February 16, 2017


An act to amend Section 1601 of the Fish and Game Code, relating to fish and wildlife.


LEGISLATIVE COUNSEL'S DIGEST


AB 947, as amended, Gallagher. Department of Fish and Wildlife: lake or streambed alteration agreements: definitions.
Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake, without first notifying the Department of Fish and Wildlife of that activity, and entering into a lake or streambed alteration agreement if required by the department to protect fish and wildlife resources.
This bill would define “bank,” “bed,” “channel,” and “river” and “stream” for purposes of these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 It is the intent of the Legislature to enact legislation to codify definitions of “bank,” “bed,” and “channel” for purposes of Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code that are consistent with case law, including the foundational case Rutherford v. State of California (1987) 188 Cal.App.3d 1267, and the definition of “river” and “stream” in Section 1601 of the Fish and Game Code.

SECTION 1.SEC. 2.

 Section 1601 of the Fish and Game Code is amended to read:

1601.
 The following definitions apply to this chapter:
(a) “Agreement” means a lake or streambed alteration agreement.

(b)“Bank” means that portion of the land immediately along the side of the bed of a river, stream, or lake that serves to confine the waters of the river, stream, or lake within its bed during their ordinary flows.

(c)“Bed” means the land over which the water of a river, stream, or lake flows at least periodically or intermittently, and which extends to the ordinary high-water mark.

(d)“Channel” means the deepest portion of the bed of a river or stream over which the principal volume of water of the river or stream flows.

(e)

(b) “Day” means calendar day.

(f)

(c) “Emergency” has the same definition as in Section 21060.3 of the Public Resources Code.

(g)

(d) “Entity” means any person, state or local governmental agency, or public utility that is subject to this chapter.

(h)

(e) “River” and “stream” mean bodies a body of water that flow flows at least periodically or intermittently through a bed or channel having banks and supporting fish, supports fish or other aquatic life, or riparian vegetation. Flows include surface and occasional subsurface flows that support or have supported riparian vegetation. life. This includes watercourses having a surface or subsurface flow that supports or have supported riparian vegetation.