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AB-1361 Municipal water districts: water service: Indian tribes.(2017-2018)

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Date Published: 06/28/2017 09:00 PM
AB1361:v95#DOCUMENT

Amended  IN  Senate  June 28, 2017
Amended  IN  Senate  June 26, 2017
Amended  IN  Assembly  May 26, 2017
Amended  IN  Assembly  April 03, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1361


Introduced by Assembly Member Eduardo Garcia

February 17, 2017


An act to amend Section 71611.5 of the Water Code, relating to water.


LEGISLATIVE COUNSEL'S DIGEST


AB 1361, as amended, Eduardo Garcia. Municipal water districts: water service: Indian tribes.
Existing law, the Municipal Water District Law of 1911, provides for the formation of municipal water districts and grants to those districts specified powers. Existing law permits a district to acquire, control, distribute, store, spread, sink, treat, purify, recycle, recapture, and salvage any water for the beneficial use of the district, its inhabitants, or the owners of rights to water in the district. Existing law, upon the request of certain Indian tribes and the satisfaction of certain conditions, requires a district to provide service of water at substantially the same terms applicable to the customers of the district to the Indian tribe’s lands that are not within a district, as prescribed.
This bill would authorize, rather than require, additionally authorize a district to provide this service of water. The bill would apply this authorization to all Indian tribes whose lands water to an Indian tribe’s lands that are not within the district if the Indian tribe’s lands are owned by the tribe.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 71611.5 of the Water Code is amended to read:
71611.5.

Notwithstanding any other law:

(a)

71611.5.
 Upon (a) (1) Except as provided in paragraph (2), upon the request of an Indian tribe and the satisfaction of the conditions stated in subdivision (b), a district shall provide service of water at substantially the same terms applicable to the customers of the district to an Indian tribe’s lands that are not within a district as if the lands had been fully annexed into the district and into any other public agencies required for the provision of water service if the Indian tribe’s lands meet all of the following requirements:

(1)

(A) The lands were owned by the tribe on January 1, 2016.

(2)

(B) The lands are contiguous with at least two districts.

(3)

(C) The lands lie within the special study area of at least one district.

(4)

(D) At least 70 percent of the Indian tribe’s total Indian lands are currently within the boundaries of one or more districts.
(2) Upon the request of an Indian tribe that does not meet the requirements of paragraph (1) and upon the satisfaction of the conditions stated in subdivision (b), a district may provide service of water at substantially the same terms applicable to customers of the district to an Indian tribe’s lands that are not within a district as if the lands had been fully annexed into the district and into any other public agencies required for the provision of water service if the Indian tribe’s lands are owned by the tribe.
(b) Before a district provides service of water pursuant to this section, the Indian tribe shall satisfy all of the following conditions:
(1) The Indian tribe complies with all federal and tribal laws.
(2) The Indian tribe acquires all federal and tribal approvals necessary for the applicable district to provide water service to the tribal lands on substantially the same terms applicable to customers of the district.
(3) The Indian tribe shall by agreement accept accepts, by agreement, all terms of, and payments to (including service payments), the district and any public agency providing water to said district, as if the Indian tribe’s lands were fully annexed into the district and into the service area of any other public agency, which terms and payments are also a condition of continued service by a district and by any public agency providing water to said district.
(c) If a district provides service of water to an Indian tribe’s lands pursuant to this section, the service areas of the district and of any public agencies providing water to the district are deemed for all purposes to include the Indian tribe’s lands for the longest of the following periods of time:
(1) The time service of water is provided by the district to the Indian tribe.
(2) The time moneys are owed by the Indian tribe to the district for the service of water.
(3) The term of any agreement between the district and the Indian tribe.

SECTION 1.Section 71611.5 of the Water Code is amended to read:
71611.5.

Notwithstanding any other law:

(a)Upon the request of an Indian tribe and the satisfaction of the conditions stated in subdivision (b), a district may provide service of water at substantially the same terms applicable to the customers of the district to an Indian tribe’s lands that are not within a district as if the lands had been fully annexed into the district and into any other public agencies required for the provision of water service if the Indian tribe’s lands are owned by the tribe.

(b)Before a district provides service of water pursuant to this section, the Indian tribe shall satisfy all of the following conditions:

(1)The Indian tribe complies with all federal and tribal laws.

(2)The Indian tribe acquires all federal and tribal approvals necessary for the applicable district to provide water service to the tribal lands on substantially the same terms applicable to customers of the district.

(3)The Indian tribe accepts, by agreement, all terms of, and payments to (including service payments), the district and any public agency providing water to said district, as if the Indian tribe’s lands were fully annexed into the district and into the service area of any other public agency, which terms and payments are also a condition of continued service by a district and by any public agency providing water to said district.

(c)If a district provides service of water to an Indian tribe’s lands pursuant to this section, the service areas of the district and of any public agencies providing water to the district are deemed for all purposes to include the Indian tribe’s lands for the longest of the following periods of time:

(1)The time service of water is provided by the district to the Indian tribe.

(2)The time moneys are owed by the Indian tribe to the district for the service of water.

(3)The term of any agreement between the district and the Indian tribe.