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SB-193 Monterey County Water Resources Agency: Lake Nacimiento and Lake San Antonio: white bass.(2017-2018)

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Date Published: 03/17/2017 04:00 AM
SB193:v98#DOCUMENT

Amended  IN  Senate  March 16, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 193


Introduced by Senator Cannella

January 30, 2017


An act to amend Section 10723 of the Water Code, relating to groundwater. add Section 11.2 to the Monterey County Water Resources Agency Act (Chapter 1159 of the Statutes of 1990), relating to water.


LEGISLATIVE COUNSEL'S DIGEST


SB 193, as amended, Cannella. Groundwater sustainability agencies. Monterey County Water Resources Agency: Lake Nacimiento and Lake San Antonio: white bass.
Existing law establishes the Monterey County Water Resources Agency as a flood control and water agency within the County of Monterey. Existing law authorizes the agency to award a design-build contract for the combined design and construction of a project to connect Lake San Antonio, located in the County of Monterey, and Lake Nacimiento, located in the County of San Luis Obispo, with an underground tunnel or pipeline for the purpose of maximizing water storage, supply, and groundwater recharge.
Existing law makes it unlawful to place, plant, or cause to be placed or planted, in any of the waters of this state, any live fish, any fresh or salt water animal, or any aquatic plant, whether taken without or within the state, without first submitting it for inspection to, and securing the written permission of, the Department of Fish and Wildlife. Existing law also makes it unlawful to transport or possess any live white bass, whether taken within or without the state, unless it is first submitted for inspection to, and written permission is obtained from, the department.
This bill would exempt the movement of white bass between Lake Nacimiento and Lake San Antonio through the interlake underground tunnel or pipeline from the above-described provisions relating to fish and wildlife. The bill would provide that, notwithstanding any other state law, the movement of white bass through the underground tunnel or pipeline is not unlawful under state law.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Monterey County Water Resources Agency.

Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. The act authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency for that basin, as prescribed.

This bill would make a nonsubstantive change to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) The Department of Fish and Wildlife planted white bass in Lake Nacimiento in 1965. The introduction of these white bass created the possibility that white bass would move with the flow of the waters of the Nacimiento Reservoir.
(2) The activities of the Monterey County Water Resources Agency are those of a public entity of the state, providing flood control, water conservation, and recreational services for the Salinas Valley Groundwater Basin.
(3) Construction of the Interlake Tunnel and San Antonio Spillway Modification Project will reduce the opportunities for white bass to be carried over the Nacimiento Dam spillway and into the Nacimiento River as a result of high flows and flood control releases. One consequence of the Interlake Tunnel and San Antonio Spillway Modification Project will be to minimize the opportunities for white bass to enter the Salinas River at its confluence with the Nacimiento River.
(b) It is the intent of the Legislature that Sections 6400 and 6400.5 of the Fish and Game Code not apply to the incidental movement of white bass that results or is caused by the Interlake Tunnel and San Antonio Spillway Modification Project constructed pursuant to Section 11.1 of the Monterey County Water Resources Agency Act (Chapter 1159 of the Statutes of 1990, as amended by Chapter 865 of the Statutes of 2014).

SEC. 2.

 Section 11.2 is added to the Monterey County Water Resources Agency Act (Chapter 1159 of the Statutes of 1990), to read:

Sec. 11.2.

 The movement of white bass between Lake Nacimiento in the County of San Luis Obispo and Lake San Antonio in the County of Monterey through a project constructed pursuant to Section 11.1 is exempt from Sections 6400 and 6400.5 of the Fish and Game Code. Notwithstanding any other state law, the movement of white bass through the project is not unlawful under state law.

SEC. 3.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the Monterey County Water Resources Agency.
SECTION 1.Section 10723 of the Water Code is amended to read:
10723.

(a)Except as provided in subdivision (c), any local agency or combination of local agencies overlying a groundwater basin may decide to become a groundwater sustainability agency for that basin.

(b)Before deciding to become a groundwater sustainability agency, and after publication of notice pursuant to Section 6066 of the Government Code, the local agency or agencies shall hold a public hearing in the county or counties overlying the basin.

(c)(1)Except as provided in paragraph (2), the following agencies created by statute to manage groundwater shall be deemed the exclusive local agencies within their respective statutory boundaries with powers to comply with this part:

(A)Alameda County Flood Control and Water Conservation District, Zone 7.

(B)Alameda County Water District.

(C)Desert Water Agency.

(D)Fox Canyon Groundwater Management Agency.

(E)Honey Lake Valley Groundwater Management District.

(F)Kings River East Groundwater Sustainability Agency.

(G)Long Valley Groundwater Management District.

(H)Mendocino City Community Services District.

(I)Mono County Tri-Valley Groundwater Management District.

(J)Monterey Peninsula Water Management District.

(K)North Fork Kings Groundwater Sustainability Agency.

(L)Ojai Groundwater Management Agency.

(M)Orange County Water District.

(N)Pajaro Valley Water Management Agency.

(O)Santa Clara Valley Water District.

(P)Sierra Valley Groundwater Management District.

(Q)Willow Creek Groundwater Management Agency.

(2)An agency identified in this subdivision may opt out of being the exclusive groundwater management agency within its statutory boundaries by sending a notice to the department, which shall be posted on the department’s Internet Web site within 15 days of receipt. If an agency identified in paragraph (1) opts out of being the exclusive groundwater management agency, any other local agency or combination of local agencies operating within the statutory boundaries of the agency that has opted out may notify the department pursuant to Section 10723.8 of its decision to be the groundwater sustainability agency.

(3)A local agency listed in paragraph (1) may comply with this part by meeting the requirements of Section 10733.6 or opting to become a groundwater sustainability agency pursuant to this section. A local agency with authority to implement a basin-specific management plan pursuant to its principal act shall not exercise any authority granted in this part in a manner inconsistent with any prohibitions or limitations in its principal act unless the governing board of the local agency makes a finding that the agency is unable to sustainably manage the basin without the prohibited authority.

(d)The decision of a local agency or combination of agencies to become a groundwater sustainability agency shall take effect as provided in Section 10723.8.