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AB-441 Water: underground storage.(2019-2020)

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Date Published: 03/27/2019 09:00 PM
AB441:v98#DOCUMENT

Amended  IN  Assembly  March 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 441


Introduced by Assembly Member Eggman

February 11, 2019


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


LEGISLATIVE COUNSEL'S DIGEST


AB 441, as amended, Eggman. 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. instead provide that any diversion of water to underground storage constitutes a diversion of water for beneficial use for which an appropriation may be made if the diverted water is put to beneficial use, as specified. The bill would provide that the forfeiture periods of a water right do not apply to include any period when the water is being beneficially used, as provided, or used in the aquifer or storage area or is being held in underground storage for later application to beneficial use.
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.
 The storing diversion of water underground, to underground storage, including the diversion of streams and water for groundwater recharge, constitutes a diversion of water for beneficial use for which an appropriation may be made if the flowing diverted water is put to beneficial use consistent with this division. The beneficial use of water on lands necessary to diverted to underground storage is not limited to uses requiring subsequent extraction or release of the accomplishment of stored water and may include beneficial uses such storage, constitutes a beneficial use as protection of water if quality made while the water so stored is thereafter applied to in underground storage. The forfeiture periods in Sections 1240 and 1241 do not include any period when the beneficial purposes for which water is being used in the appropriation aquifer or storage area or is being held in underground storage for storage was made. later application to beneficial use.

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 that storage, constitutes a beneficial use of water for which an appropriation may be made if the stored water is thereafter applied to beneficial use, consistent with this division, or if beneficial use of water, including, but not limited to, the protection of water quality or recovery of groundwater levels, is made while the 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 later beneficial use.