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AB-1648 Water: Colorado River conservation.(2023-2024)

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Date Published: 03/16/2023 09:00 PM
AB1648:v98#DOCUMENT

Amended  IN  Assembly  March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1648


Introduced by Assembly Member Bains

February 17, 2023


An act to add Section 12566 to the Water Code, relating to water.


LEGISLATIVE COUNSEL'S DIGEST


AB 1648, as amended, Bains. Water: Colorado River conservation.
Existing law provides for implementation of the California Plan, which is defined to mean the plan being developed by the Colorado River Board of California, the public agencies represented on that board, and the Director of Water Resources to ensure that California can live within the state’s apportionment of Colorado River water.
This bill would prohibit the Metropolitan Water District of Southern California and the Department of Water and Power of the City of Los Angeles from achieving a reduction in, or conservation of, Colorado River water consumption required by an agreement with specified entities through increased water deliveries or imports from other regions of California, including the San Joaquin Valley and the Sacramento-San Joaquin Delta. The bill would require the Colorado River Board of California, the Department of Water Resources, and the State Water Resources Control Board to use their existing authority to enforce these provisions. The bill would specify that these provisions apply retroactively to January 1, 2023, and apply to any agreement entered into on or after that date.

Under existing law, any person, public agency, or agency of the United States undertaking a water conservation effort that results in reduced use of water from the Colorado River within the Imperial Irrigation District, has not forfeited, diminished, or impaired the right to use the conserved water, except as provided between the parties and the United States.

This bill would state that it is the intent of the Legislature to enact subsequent legislation that would prohibit the City and County of Los Angeles from achieving federally mandated conservation of Colorado River water supplies by increasing water imports from other regions, including the San Joaquin Valley.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 12566 is added to the Water Code, immediately following Section 12565, to read:

12566.
 (a) The Metropolitan Water District of Southern California and the Department of Water and Power of the City of Los Angeles are prohibited from achieving a reduction in, or conservation of, Colorado River water consumption required by an agreement with the United States Department of the Interior or the States of Arizona, Colorado, Nevada, New Mexico, Utah, or Wyoming, through increased water deliveries or imports from other regions of California, including the San Joaquin Valley and the Sacramento-San Joaquin Delta.
(b) The Colorado River Board of California, the Department of Water Resources, and the State Water Resources Control Board shall use their existing authority to enforce this section.
(c) This section shall apply retroactively to January 1, 2023, and shall apply to any agreement entered into on or after that date.
(d) This section is severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SECTION 1.

It is the intent of the Legislature to enact subsequent legislation that would prohibit the City and County of Los Angeles from achieving federally mandated conservation of Colorado River water supplies by increasing water imports from other regions, including the San Joaquin Valley.