Today's Law As Amended


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AB-1024 Water rights: small irrigation use: lake or streambed alteration agreements.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 1602.1 is added to the Fish and Game Code, to read:

1602.1.
 (a) (1) Notwithstanding subdivision (a) of Section 1602, an entity that submits a registration of water use made pursuant to Section 1228.3 of the Water Code that has been approved by the State Water Resources Control Board is deemed to have given the notification required by paragraph (1) of subdivision (a) of Section 1602, and shall not be required to obtain an agreement from the department for the activity that the registration covers for the term of the registration, if all of the following occur:
(A) The fee specified in paragraph (3) of subdivision (a) of Section 1602 is submitted to the department with the registration.
(B) The entity submits to the department a copy of any conditions imposed by the department pursuant to paragraph (2) of subdivision (a) of Section 1228.6 of the Water Code.
(C) The department notifies the entity in writing that the exemption in this paragraph applies to the registered water use.
(2) The department shall notify the entity in writing whether the exemption in this paragraph applies to the registered water use within 60 days of receiving the registration and fee.
(3) If the department determines that an entity has failed to comply with any of the department conditions described in paragraph (1), the failure shall not constitute a violation of this chapter, and the exemption provided in paragraph (1), upon written notice by the department, shall no longer apply and the entity shall comply with Section 1602.
(b) (1) An entity that submits a renewal of registration or amended registration made pursuant to Section 1228.5 or 1228.7 of the Water Code that has been approved by the State Water Resources Control Board is deemed to have given the notification required by paragraph (1) of subdivision (a) of Section 1602, and shall not be required to obtain an agreement from the department for the activity that the registration covers for the term of the renewed or amended registration, if all of the following occur:
(A) The fee specified in paragraph (3) of subdivision (a) of Section 1602 is submitted to the department with the renewal of registration or amended registration, as applicable.
(B) The entity submits to the department a copy of any conditions imposed by the department pursuant to paragraph (2) of subdivision (a) of Section 1228.6 of the Water Code.
(C) The department determines the conditions described in subparagraph (B), together with any other conditions in the renewed or amended registration, will protect fish and wildlife resources that may be substantially adversely affected by the activity that the renewed or amended registration authorizes.
(D) The department notifies the entity in writing that the exemption in this paragraph applies to the registered water use.
(2) The department shall notify the entity in writing whether the exemption in paragraph (1) applies to the registered water use within 60 days of receiving the registration and fee.
(3) If the department determines the conditions described in paragraph (1), together with any other conditions in the renewed or amended registration, will not protect fish and wildlife resources that may be substantially adversely affected by the activity that the renewed or amended registration authorizes, the department shall modify the existing conditions, or add new conditions to the renewed or amended registration, and notify the entity in writing that the exemption in paragraph (1) applies to the registered water use with the modified or new conditions, which shall become part of the renewed or amended registration.
(4) If the department determines that an entity has failed to comply with any of the department conditions described in paragraph (1) or (3), the failure shall not constitute a violation of this chapter, and the exemption provided in paragraph (1), upon written notice by the department, shall no longer apply and the entity shall comply with Section 1602.
(c) (1) This section shall only apply to registrations in the following counties:
(A) County of Del Norte.
(B) County of Humboldt.
(C) County of Lake.
(D) County of Marin.
(E) County of Mendocino.
(F) County of Napa.
(G) County of San Luis Obispo.
(H) County of San Mateo.
(I) County of Sonoma.
(2) Registrations pursuant to this section shall be limited to 100 per calendar year for the first year of implementation. The department may, after the first year of implementation, increase or eliminate this limit on registrations.

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) (1) Except as necessary to adopt principles and guidelines implementing paragraph (1) of subdivision (a) of Section 1259.4 or Section 13149, and subject to subdivision (a), the board shall give priority to adopting, on or before June 30, 2027, general conditions that permit the registrants specified in subdivision (c) of Section 1602.1 of the Fish and Game Code to store water for small irrigation use during times of high streamflow in exchange for those registrants reducing diversions during periods of low streamflow for diversions from coastal streams entering the Pacific Ocean and streams entering the San Francisco Bay, not including the Sacramento River and San Joaquin River, for the following:
(A) Off-stream storage reservoirs.
(B) On-stream storage reservoirs located on stream reaches where fish are not present, if the reservoirs will not substantially affect fish habitat in downstream reaches where fish are present.
(2) An action of the board pursuant to this subdivision shall be deemed an action taken for the protection of the environment for purposes of Section 15308 of Title 14 of the California Code of Regulations, if those actions do not result in the relaxation of existing streamflow standards.

SEC. 3.

 Section 1229.1 of the Water Code is amended to read:

1229.1.
 (a) This article does not apply to those stream segments for which  For registrations issued on or after January 1, 2024, if  the Director of Fish and Wildlife establishes proposed streamflow requirements for a stream segment  pursuant to Section 10002 of the Public Resources Code, notwithstanding the  and the stream segment is subject to Section 1602.1 of the Fish and Game Code, regardless of whether those requirements were proposed before  July 1, 1989, deadline for preparation of the requirements. a registration for that stream segment pursuant to this article is not authorized until the board establishes instream flow requirements as a part of the general conditions applicable to that stream segment. The establishment of those instream flow requirements shall be done after the board considers the proposed streamflow requirements, if proposed by the Director of Fish and Wildlife. 
(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.  registration may be renewed even if the board has not yet adopted instream flow requirements.  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.
(c) For registrations issued prior to January 1, 2024, 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 requirements.