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SB-1386 Municipal water districts: water storage: groundwater.(2011-2012)

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Senate Bill No. 1386
CHAPTER 215

An act to amend Section 71610 of the Water Code, relating to water.

[ Approved by Governor  August 28, 2012. Filed with Secretary of State  August 28, 2012. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1386, Lowenthal. Municipal water districts: water storage: groundwater.
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.
This bill would prohibit a district located in a county with a population greater than 8 million persons and where at least 80% of the area of the district is included within the boundaries of a water replenishment district from having specified authority relating to the storage of groundwater.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 71610 of the Water Code is amended to read:

71610.
 (a) Except as provided in subdivision (b), a district may acquire, control, distribute, store, spread, sink, treat, purify, recycle, recapture, and salvage any water, including sewage and storm waters, for the beneficial use or uses of the district, its inhabitants, or the owners of rights to water in the district.
(b) For a district located in a county with a population greater than 8 million persons and where 80 percent of the area of the district is included within the boundaries of a water replenishment district organized pursuant to Division 18 (commencing with Section 60000), the district shall have no authority to do any of the following:
(1) Manage, control, or administer the importation of water for the storage of groundwater.
(2) Store water underground except pursuant to either of the following:
(A) A contract with an independent holder of adjudicated groundwater extraction rights within the boundaries of the district and for the account of the water rights holder.
(B) A court order issued by a court having jurisdiction over the adjudication of groundwater extraction rights within the groundwater basin where storage is sought.