Today's Law As Amended


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AB-1704 Water rights: small irrigation use: lake or streambed alteration agreements.(2015-2016)



As Amends the Law Today


SECTION 1.

 Section 1602 of the Fish and Game Code is amended to read:

1602.
 (a) An entity shall not substantially divert or obstruct the natural flow of, or substantially change or use any material from the bed, channel, or bank of, any river, stream, or lake, or deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake, unless all of the following occur:
(1) The department receives written notification regarding the activity in the manner prescribed by the department. The notification shall include, but is not limited to, all of the following:
(A) A detailed description of the project’s location and a map.
(B) The name, if any, of the river, stream, or lake affected.
(C) A detailed project description, including, but not limited to, construction plans and drawings, if applicable.
(D) A copy of any document prepared pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.
(E) A copy of any other applicable local, state, or federal permit or agreement already issued.
(F) Any other information required by the department.
(2) The department determines the notification is complete in accordance with Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, irrespective of whether the activity constitutes a development project for the purposes of that chapter.
(3) The entity pays the applicable fees, pursuant to Section 1609.
(4) One of the following occurs:
(A) (i) The department informs the entity, in writing, that the activity will not substantially adversely affect an existing fish or wildlife resource, and that the entity may commence the activity without an agreement, if the entity conducts the activity as described in the notification, including any measures in the notification that are intended to protect fish and wildlife resources.
(ii) Each region of the department shall log the notifications of activities where no agreement is required. The log shall list the date the notification was received by the department, a brief description of the proposed activity, and the location of the activity. Each item shall remain on the log for one year. Upon written request by any person, a regional office shall send the log to that person monthly for one year. A request made pursuant to this clause may be renewed annually.
(B) The department determines that the activity may substantially adversely affect an existing fish or wildlife resource and issues a final agreement to the entity that includes reasonable measures necessary to protect the resource, and the entity conducts the activity in accordance with the agreement.
(C) A panel of arbitrators issues a final agreement to the entity in accordance with subdivision (b) of Section 1603, and the entity conducts the activity in accordance with the agreement.
(D) The department does not issue a draft agreement to the entity within 60 days from the date notification is complete, and the entity conducts the activity as described in the notification, including any measures in the notification that are intended to protect fish and wildlife resources.
(b) (1) If an activity involves the routine maintenance and operation of water supply, drainage, flood control, or waste treatment and disposal facilities, notice to and agreement with the department shall not be required after the initial notification and agreement, unless the department determines either of the following:
(A) The work described in the agreement has substantially changed.
(B) Conditions affecting fish and wildlife resources have substantially changed, and those resources are adversely affected by the activity conducted under the agreement.
(2) This subdivision applies only if notice to, and agreement with, the department was attained prior to January 1, 1977, and the department has been provided a copy of the agreement or other proof of the existence of the agreement that satisfies the department, if requested.
(c) Notwithstanding subdivision (a), the department is not required to determine whether the notification is complete or otherwise process the notification until the department has received the applicable fees.
(d) (c)  (1) Notwithstanding subdivision (a), an entity shall not be required to obtain an agreement with the department pursuant to this chapter for activities authorized by a license or renewed license for cannabis cultivation issued by the Department of Cannabis Control for the term of the license or renewed license if all of the following occur: If an activity includes the diversion of water and the notification for the activity is accompanied with a proposed registration, renewal of registration, or amended registration of water use pursuant to Section 1228.3, 1228.5, or 1228.7 of the Water Code, the department shall do both of the following: 
(A) The entity submits all of the following to the department:
(i) The written notification described in paragraph (1) of subdivision (a).
(ii) A copy of the license or renewed license for cannabis cultivation issued by the Department of Cannabis Control that includes the requirements specified in Section 26060.1 of the Business and Professions Code.
(iii) (A)  The fee specified in paragraph (3) Determine whether the proposed registration, renewal of registration, or amended registration of water use is complete in the same manner as it determines whether a notification is complete in accordance with paragraph (2)  of subdivision (a).
(B) The department determines in its sole discretion that compliance with the requirements specified in Section 26060.1 of the Business and Professions Code that are included in the license will adequately protect existing fish and wildlife resources that may be substantially adversely affected by the cultivation without the need for additional measures that the department would include  Propose any lawful conditions on the registration, including, but not limited to, conditions upon the construction and operation of diversion works as authorized by Section 1228.3 of the Water Code,  in a draft streambed alteration agreement in accordance with agreement issued pursuant to  Section 1603.
(C) The department notifies the entity in writing that the exemption applies to the cultivation authorized by the license or renewed license.
(2) The department shall notify the entity in writing whether the exemption in paragraph (1) applies to the cultivation authorized by the license or renewed license within 60 days from the date that the notification is complete and the fee has been paid. Any conditions on a registration that are included in a final agreement issued pursuant to Section 1603 shall be deemed conditions upon the appropriation as provided in paragraph (2) of subdivision (a) of Section 1228.6 of the Water Code. 
(3) If an entity receives an exemption  It is the intent of the Legislature that this subdivision simplify and reduce the regulatory burden for activities that require notification  pursuant to this subdivision and fails to comply with any of the requirements described in Section 26060.1 of the Business and Professions Code that are included in the license, the failure shall constitute a violation under this section, and the department shall notify the Department of Cannabis Control of any enforcement action taken. section and the registration of water use pursuant to Article 2.7 (commencing with Section 1228) of Chapter 1 of Part 2 of Division 2 of the Water Code. 
(e) (d)  It is unlawful for any entity person  to violate this chapter.

SEC. 2.

 Section 1229 of the Water Code is amended to read:

1229.
 (a) The board is not required to adopt general conditions for small irrigation use pursuant to subdivision (a) of Section 1228.6 and this section  until the board determines that funds are available for that purpose.
(b) A registration for small irrigation use pursuant to this article is not authorized until the board establishes general conditions for small irrigation use pursuant to subdivision (a) of Section 1228.6 to protect instream beneficial uses.
(c) The board may establish general conditions for some methods of diversion or categories of small irrigation use before establishing general conditions for other methods or categories, in which case a registration for small irrigation use is authorized only for those methods or categories for which the board has established the general conditions for the protection of instream beneficial uses.
(d) On or before January 1, 2018, the board shall adopt general conditions that would permit a registrant to construct a facility that would store water for small irrigation use during times of high streamflow in exchange for that registrant reducing diversions during periods of low streamflow, pursuant to this section, as follows:
(1) For diversions from coastal streams entering the Pacific Ocean and streams entering the San Francisco Bay for the following:
(A) Off-stream storage reservoirs.
(B) On-stream storage reservoirs located on stream reaches where fish are not present.
(2) For diversions from streams not described in paragraph (1) that, in the judgment of the board, the reduction in existing diversions during low flow periods will result in a benefit to fish and wildlife.
(e) On or before June 30, 2019, the board shall adopt general conditions and, if necessary, amend existing general conditions for the registration of small irrigation use for purposes not described in subdivision (d).

SEC. 3.

 Section 1229.1 of the Water Code is amended to read:

1229.1.
 (a) On  This article does not apply to    those stream segments for which the Director of Fish and Wildlife establishes proposed streamflow requirements pursuant to Section 10002 of the Public Resources Code, notwithstanding the July 1, 1989, deadline for preparation of the  Code and for which the state board has adopted streamflow requirements, the board may issue and renew a registration in accordance with this article if the registration includes conditions consistent with the applicable streamflow  requirements.
(b) Notwithstanding subdivision (a), this article applies to a registration filed before the Director of Fish and Wildlife establishes proposed streamflow requirements for the source of water supply for the registration. The conditions for renewal under subdivision (c) of Section 1228.5 may include any conditions the Department of Fish and Wildlife determines to be necessary to protect stream-related fish and wildlife resources on a source of water supply for which the Director of Fish and Wildlife has established proposed streamflow requirements pursuant to Section 10002 of the Public Resources Code.
SEC. 4.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.