(1)Existing law, the California Wild and Scenic Rivers Act, provides for a system of classification of those rivers or segments of rivers in the state that are designated as wild, scenic, or recreational rivers, for purposes of preserving the highest and most beneficial use of those rivers. The act requires the Secretary of the Natural Resources Agency to study and submit to the Governor and the Legislature a report that analyzes the suitability or nonsuitability for addition to the system of rivers or segments of rivers that are designated by the Legislature as potential additions to the system, and requires that each report contain specified information and recommendations with respect to the proposed designation.

This bill would require the secretary, in a report analyzing the suitability or nonsuitability of a proposed designation of the Mokelumne River, its tributaries, or segments thereof as additions to the system, to consider the potential effects of the proposed designation on future water requirements, as specified, and the effects of climate change on river values and current and projected water supplies, and to consider other factors. The bill would include any segment of the Mokelumne River designated for potential addition within certain protections afforded to wild and scenic rivers until the completion of the study period and the implementation of any recommendation to add the segment of the Mokelumne River to the system, or December 31, 2021, whichever occurs first.

The bill would also designate specified segments of the Mokelumne River for potential addition to the system. The bill would require the secretary to submit a report pursuant to the above-described requirements to the Legislature and Governor no later than December 31, 2017, and would require the report to include a clear recommendation on the suitability or nonsuitability for addition to the system of each of the designated segments of the Mokelumne River. The bill would require the secretary to enter into a cost-sharing agreement with the Upper Mokelumne River Watershed Authority that would require the state and the authority to each pay a specified portion of the cost of the report. By imposing new duties on a local government entity, the bill would impose a state-mandated local program.

(2)The bill would declare that due to the unique geographical features of the Mokelumne River and its tributaries, a general statute within the meaning of specified provisions of the California Constitution cannot be made applicable and a special statute is necessary.

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

(1)Existing law, the California Wild and Scenic Rivers Act, provides for a system of classification of those rivers or segments of rivers in the state that are designated as wild, scenic, or recreational rivers, for purposes of preserving the highest and most beneficial use of those rivers. The act requires the Secretary of the Natural Resources Agency to study and submit to the Governor and the Legislature a report that analyzes the suitability or nonsuitability for addition to the system of rivers or segments of rivers that are designated by the Legislature as potential additions to the system, and requires that each report contain specified information and recommendations with respect to the proposed designation.

This bill would require the secretary, in a report analyzing the suitability or nonsuitability of a proposed designation of the Mokelumne River, its tributaries, or segments thereof as additions to the system, to consider the potential effects of the proposed designation on future water requirements, as specified, and the effects of climate change on river values and current and projected water supplies, and to consider other factors. The bill would include any segment of the Mokelumne River designated for potential addition within certain protections afforded to wild and scenic rivers until the completion of the study period and the implementation of any recommendation to add the segment of the Mokelumne River to the system, or December 31, 2021, whichever occurs first.

The bill would also designate specified segments of the Mokelumne River for potential addition to the system. The bill would require the secretary to submit a report pursuant to the above-described requirements to the Legislature and Governor no later than December 31, 2017, and would require the report to include a clear recommendation on the suitability or nonsuitability for addition to the system of each of the designated segments of the Mokelumne River. The bill would require the secretary to enter into a cost-sharing agreement with the Upper Mokelumne River Watershed Authority that would require the state and the authority to each pay a specified portion of the cost of the report. By imposing new duties on a local government entity, the bill would impose a state-mandated local program.

(2)The bill would declare that due to the unique geographical features of the Mokelumne River and its tributaries, a general statute within the meaning of specified provisions of the California Constitution cannot be made applicable and a special statute is necessary.

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

(1)Existing law, the California Wild and Scenic Rivers Act, provides for a system of classification of those rivers or segments of rivers in the state that are designated as wild, scenic, or recreational rivers, for purposes of preserving the highest and most beneficial use of those rivers. The act requires the Secretary of the Natural Resources Agency to study and submit to the Governor and the Legislature a report that analyzes the suitability or nonsuitability for addition to the system of rivers or segments of rivers that are designated by the Legislature as potential additions to the system, and requires that each report contain specified information and recommendations with respect to the proposed designation.

This bill would require the secretary, in a report analyzing the suitability or nonsuitability of a proposed designation of the Mokelumne River, its tributaries, or portions segments thereof as additions to the system, to consider the potential effects of the proposed designation on future water requirements, as specified, and the effects of climate change on river values and current and projected water supplies, and to consider other factors. The bill would include any portion segment of the Mokelumne River designated for potential addition within certain protections afforded to wild and scenic rivers until the completion of the study period and the implementation of any recommendation to add the portion segment of the Mokelumne River to the system, or December 31, 2021, whichever occurs first.

The bill would also designate a specified portion specified segments of the Mokelumne River, or any segment of that portion, River for potential addition to the system. The bill would require the secretary to submit a report pursuant to the above-described requirements to the Legislature and Governor no later than December 31, 2017, and would require the report to include a clear recommendation on the suitability or nonsuitability for addition to the system of each of the designated portion segments of the Mokelumne River or any segment of that portion. River. The bill would require the secretary to enter into a cost-sharing agreement with the Upper Mokelumne River Watershed Authority that would require the state and the authority to each pay a specified portion of the cost of the report. By imposing new duties on a local government entity, the bill would impose a state-mandated local program.

(2)The bill would declare that due to the unique geographical features of the Mokelumne River and its tributaries, a general statute within the meaning of specified provisions of the California Constitution cannot be made applicable and a special statute is necessary.

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

(1)Existing law, the California Wild and Scenic Rivers Act, provides for a system of classification of those rivers or segments of rivers in the state that are designated as wild, scenic, or recreational rivers, for purposes of preserving the highest and most beneficial use of those rivers. The act requires the Secretary of the Natural Resources Agency to study and submit to the Governor and the Legislature a report that analyzes the suitability or nonsuitability for addition to the system of rivers or segments of rivers that are designated by the Legislature as potential additions to the system, and requires that each report contain specified information and recommendations with respect to the proposed designation.

This bill would require the secretary, in a report analyzing the suitability or nonsuitability of a proposed designation of the Mokelumne River, its tributaries, or portions thereof as additions to the system, to consider the potential effects of the proposed designation on future water requirements, as specified, and the effects of climate change on river values and current and projected water supplies, and to consider other factors. The bill would include any portion of the Mokelumne River designated for potential addition within certain protections afforded to wild and scenic rivers until the completion of the study period and the implementation of any recommendation to add the portion of the Mokelumne River to the system, or December 31, 2021, whichever occurs first.

The bill would also designate a specified portion of the Mokelumne River, or any segment of that portion, for potential addition to the system. The bill would require the secretary to submit a report pursuant to the above-described requirements to the Legislature and Governor no later than December 31, 2017, and would require the report to include a clear recommendation on the suitability or nonsuitability for addition to the system of the designated portion of the Mokelumne River or any segment of that portion. The bill would require the secretary to enter into a cost-sharing agreement with the Upper Mokelumne River Watershed Authority that would require the state and the authority to each pay a specified portion of the cost of the report. By imposing new duties on a local government entity, the bill would impose a state-mandated local program.

(2)The bill would declare that due to the unique geographical features of the Mokelumne River and its tributaries, a general statute within the meaning of specified provisions of the California Constitution cannot be made applicable and a special statute is necessary.

(1)Existing law, the California Wild and Scenic Rivers Act, provides for a system of classification of those rivers or segments of rivers in the state that are designated as wild, scenic, or recreational rivers, for purposes of preserving the highest and most beneficial use of those rivers. The act requires the Secretary of the Natural Resources Agency to study and submit to the Governor and the Legislature a report that analyzes the suitability or nonsuitability for addition to the system of rivers or segments of rivers that are designated by the Legislature as potential additions to the system, and requires that each report contain specified information and recommendations with respect to the proposed designation.

This bill would require the secretary, in a report analyzing the suitability or nonsuitability of a proposed designation of the Mokelumne River, its tributaries, or portions thereof as additions to the system, to consider the potential effects of the proposed designation on future water requirements, as specified, and the effects of climate change on river values and current and projected water supply, supplies, and to consider other factors. The bill would include any portion of the Mokelumne River designated for potential addition within certain protections afforded to wild and scenic rivers during until the completion of the study period and the implementation of any recommendation to add the portion of the Mokelumne River to the system. system, or December 31, 2021, whichever occurs first.

The bill would also designate a specified portion of the Mokelumne River, or any segments segment of that portion, for potential addition to the system. The bill would require the secretary to submit a report pursuant to the above-described requirements to the Legislature and Governor no later than December 31, 2016 2017, and would require the report to include a clear recommendation whether the Legislature should enact legislation to add the portion of the Mokelumne River, or any segments of that portion, to the system. on the suitability or nonsuitability for addition to the system of the designated portion of the Mokelumne River or any segment of that portion.

(2)The bill would declare that due to the unique geographical features of the Mokelumne River and its tributaries, a general statute within the meaning of specified provisions of the California Constitution cannot be made applicable and a special statute is necessary.

(1)Existing law, the California Wild and Scenic Rivers Act, provides for a system of classification of those rivers or segments of rivers in the state that are designated as wild, scenic, or recreational rivers, for purposes of preserving the highest and most beneficial use of those rivers. The act requires the Secretary of the Natural Resources Agency to study and submit to the Governor and the Legislature a report that analyzes the suitability or nonsuitability for addition to the system of rivers or segments of rivers that are designated by the Legislature as potential additions to the system, and requires that each report contain specified information and recommendations with respect to the proposed designation.

This bill would require the secretary, in a report analyzing the suitabliity suitability or nonsuitability of a proposed designation of the Mokelumne River, its tributaries, or portions thereof as additions to the system, to consider the potential effects of the proposed designation on future water requirements, as specified, and the effects of climate change. change on river values and water supply, and to consider other factors. The bill would include any portion of the Mokelumne River designated for potential addition within certain protections afforded to wild and scenic rivers during the study period and implementation of any recommendation to add the portion of the Mokelumne River to the system.

(2)The bill would declare that due to the unique geographical features of the Mokelumne River and its tributaries, a general statute within the meaning of specified provisions of the California Constitution cannot be made applicable and a special statute is necessary.

(1)Existing law, the California Wild and Scenic Rivers Act, provides for a system of classification of those rivers or segments of rivers in the state that are designated as wild, scenic, or recreational rivers, for purposes of preserving the highest and most beneficial use of those rivers. The act requires the Secretary of the Natural Resources Agency to study and submit to the Governor and the Legislature a report that analyzes the suitability or nonsuitability for addition to the system of rivers or segments of rivers that are designated by the Legislature as potential additions to the system, and requires that each report contain specified information and recommendations with respect to the proposed designation.

This bill would require the secretary, in a report analyzing the suitabliity or nonsuitability of a proposed designation of the Mokelumne River, its tributaries, or portions thereof as additions to the system, to consider the potential effects of the proposed designation on future water requirements, as specified, and the effects of climate change.

(2)The bill would declare that due to the unique geographical features of the Mokelumne River and its tributaries, a general statute within the meaning of specified provisions of the California Constitution cannot be made applicable and a special statute is necessary.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 142

Author:(Bigelow)

As Amended Ver:September 4, 2015

Majority vote

Original Committee Reference: NAT. RES.

SUMMARY: Requires the Secretary of the Natural Resources Agency (NRA) to conduct a study analyzing the suitability or non-suitability of adding segments of the Mokelumne River and its tributaries to the Wild and Scenic Rivers System (System). This bill also specifies what must be considered during the study, requires recommendations on the suitability or nonsuitability of segments for addition to the System, and creates interim protections while the study is being completed and implemented or until December 31, 2021.

The Senate amendments:

1. Add intent language clarifying that entities responsible for the Mokelumne Watershed Interregional Sustainability Evaluation Program are allowed to seek state funding for which the feasibility studies and assessments.

2. Add intent language that declares until the completion of the study and report and the implementation of any recommendation to add segments to the wild and scenic rivers system, or until December 31, 2021, whichever occurs first, state and local government entities are allowed to participate in any collaborative process convened by the Pacific Gas and Electric Company to discuss a pumped storage project in the upper Mokelumne River watershed, if the project is designed to avoid harm to the free-flowing condition and natural character of the segments of the river.

3. Require the study to consider feasibility specified studies and assessments.

4. Extend deadline of the study and report by a year and ends interim protections by December 31, 2021.

5. Require NRA to enter into a cost-sharing agreement with the Upper Mokelumne River Watershed Authority and allows the state to pay no more than 50% of the cost of the study and report.

6. Revise the segments of the Mokelumne River that are designated for potential addition to the system.

7. Add the maintenance, repair, or operation by the Pacific Gas and Electric Company of the Mokelumne River Project to projects exempt from prohibition of state assistance for projects that could have an adverse effect on the free-flowing condition and natural character of the segments designated for study.

EXISTING LAW, pursuant to the California Wild and Scenic Rivers Act (Act):

1. Declares that it is the policy of the state that certain rivers that possess extraordinary scenic, recreational, fishery, or wildlife values be preserved in their "free-flowing" state, together with their immediate environments, for the benefit and enjoyment of the people of the state. Declares that such use of these rivers is the highest and most beneficial use and is a reasonable and beneficial use of water.

2. Defines "free-flowing" as existing or flowing without artificial impoundment, diversion, or other modification of the river. (The presence of low dams, diversion works, and other minor structures does not automatically bar a river's inclusion within the System.)

3. Requires that those rivers or segments of rivers included in the System be classified as one of the following:

   1. Wild rivers, which are those rivers or segments of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted;

   2. Scenic rivers, which are those rivers or segments of rivers that are free of impoundments, with shorelines or watersheds still largely primitive and shorelines largely undeveloped, but accessible in places by roads; or

   3. Recreational rivers, which are those rivers or segments of rivers that are readily accessible by road or railroad, may have some development along their shorelines, and may have undergone some impoundment or diversion in the past.

4. Designates several California rivers and segments thereof as components of the System.

5. Requires the NRA to be responsible for coordinating the activities of state agencies whose activities affect the rivers in the System with those of other state, local, and federal agencies with jurisdiction over matters that may affect the rivers.

6. Requires the NRA to study and submit to the Governor and Legislature reports on the suitability or nonsuitability for addition to the system when the Legislature designates potential additions to the system. The reports shall include the following:

   1. Recommendations and proposals with respect to the designation of a river or segment;

   2. Maps and illustrations to show the area included within the report;

   3. Characteristics which do or do not make the area a worthy addition to the system;

   4. Status of land ownership and use;

   5. Potential uses which will be enhanced, foreclosed, or curtailed if included in the System.

FISCAL EFFECT: According to the Senate Appropriations Committee, one-time costs of up to $125,000 to the General Fund for NRA to complete the required study with 50% of the resources for the study coming from the upper Mokelumne River Watershed Authority.

COMMENTS: The Act was passed in 1972 to preserve designated rivers possessing extraordinary scenic, recreation, fishery, or wildlife values. With its initial passage, the System protected segments of the Smith River and tributaries, Klamath River and tributaries, Scott River, Salmon River, Trinity River, Eel River, Van Duzen River, and American River. The System was subsequently expanded by the Legislature to include the East Carson and West Walker rivers in 1989, the South Yuba River in 1999, the Albion River and Gualala Rivers in 2003, and Cache Creek in 2005. In addition, segments of the McCloud River, Deer Creek, and Mill Creek were protected under the Act in 1989 and 1995 respectively, although these segments were not formally designated as components of the System.

The Act provides a number of legal protections for rivers included within the System. The Act defines "free-flowing" as "existing or flowing without artificial impoundment, diversion, or other modification of the river." The existence of minor structures, or even major dams located upstream or downstream of a specific segment, does not preclude a river from designation. Several rivers, such as the Klamath, Trinity, Eel, and lower American, are included in the System despite substantial flow modifications by existing upstream dams and impoundments.

No dam, reservoir, diversion, or other water impoundment facility may be constructed on any river segment included in the System. However, there are exemptions, which include temporary flood storage facilities on the Eel River and temporary recreational impoundments on river segments with a history of such impoundments. NRA cannot authorize these temporary recreational impoundments without first making a number of findings.

Located in the Central Sierra, the Mokelumne is a hard-working river with dams and diversions providing irrigation water for agriculture in the Central Valley while also generating hydro-electricity for more than 200,000 homes. The water quality found in the North Fork and main stem of the Mokelumne River has been found to be extremely high. The East Bay Municipal Utilities District serves approximately 1.4 million residents of the East Bay with drinking water from this river segment.

The river is home to diverse wildlife populations, rare wildlife, and a trout fishery. It also features deep granite canyons, the massive Devil's Nose and Calaveras Dome, cascading waterfalls, dramatic gorges, and mature riparian forests that afford increasingly rare opportunities to view isolated, primitive mid-Sierra natural beauty. The river is enjoyed by many for recreation such as swimming, whitewater kayaking and rafting, and hiking.

While Public Resources Code Section 5093.547 does require the NRA to study potential additions to the system, no study has been conducted in over 20 years. AB 3101 (Sher) of 1986 and AB 653 (Sher) of 1993 required studies by the NRA, which included a proposed designation, interim protections while the study was conducted, and a due date for the study.

Rivers have been added to the system by the Legislature without studies. The Legislature added the South Yuba River in 1999, the Albion River and Gualala Rivers in 2003, and Cache Creek in 2005 to the System without a study.

Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0002344

 THIRD READING  

Bill No: AB 142

Author: Bigelow (R), et al.

Amended: 9/4/15 in Senate

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 7/14/15

AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning, Vidak, Wolk

SENATE APPROPRIATIONS COMMITTEE: 5-0, 8/27/15

AYES: Lara, Beall, Hill, Leyva, Mendoza

NO VOTE RECORDED: Bates, Nielsen

ASSEMBLY FLOOR: 71-3, 6/1/15 - See last page for vote

SUBJECT: Wild and scenic rivers: Mokelumne River

SOURCE: Author

DIGEST: This bill requires the secretary of the Natural Resources Agency (secretary) to study and report on the suitability of designating the Mokelumne River, its tributaries, or portions thereof, under the California Wild and Scenic Rivers Act.

Senate Floor Amendments of 9/4/15 add an intent provision, restructure the boundaries of the segment of the river that will be studied as a potential addition to the wild and scenic river system, and state that the bill does not affect the Federal Energy Regulatory Commission license for the Mokelumne River Project of Pacific Gas and Electric Co.

ANALYSIS:

Existing law, the California Wild and Scenic Rivers Act (Act):

1. Declares that it is the policy of the state that certain rivers that possess extraordinary scenic, recreational, fishery, or wildlife values be preserved in their "free-flowing" state, together with their immediate environments, for the benefit and enjoyment of the people of the state.

2. Declares that such use of these rivers is the highest and most beneficial use, and is a reasonable and beneficial use of water.

3. Defines "free-flowing" as existing or flowing without artificial impoundment, diversion, or other modification of the river. (The presence of low dams, diversion works, and other minor structures does not automatically bar a river's inclusion within the wild and scenic rivers system (system).

4. Requires that those rivers or segments of rivers included in the system be classified as one of the following: a) Wild rivers, which are those rivers or segments of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted; b) Scenic rivers, which are those rivers or segments of rivers that are free of impoundments, with shorelines or watersheds still largely primitive and shorelines largely undeveloped, but accessible in places by roads; or c) Recreational rivers, which are those rivers or segments of rivers that are readily accessible by road or railroad, may have some development along their shorelines, and may have undergone some impoundment or diversion in the past.

5. Designates several California rivers and segments thereof as components of the system.

6. Requires the California Natural Rivers Agency (NRA) to be responsible for coordinating the activities of state agencies whose activities affect the rivers in the system with those of other state, local, and federal agencies with jurisdiction over matters that may affect the rivers.

7. Requires the NRA to study and submit to the Governor and Legislature reports on the suitability or nonsuitability for addition to the system when the Legislature designates potential additions to the system. The reports shall include the following:

1. Recommendations and proposals with respect to the designation of a river or segment;

2. Maps and illustrations to show the area included within the report;

3. Characteristics which do or do not make the area a worthy addition to the system;

4. Status of land ownership and use; and

5. Potential uses which will be enhanced, foreclosed, or curtailed if included in the system.

This bill:

1. Requires a study by the NRA that analyzes the suitability or non-suitability of the designation of the Mokelumne River, its tributaries, or portions thereof as additions to the system. The costs of the study will be divided between the state and the Upper Mokelumne River Watershed Authority. The local share may be from appropriated funds or a contribution of services.

2. Requires the study to include:

1. A suitability analysis that includes the potential effects on the ability of public agencies and utilities within the watershed to feasible and projected future water requirements through the development of new water supplies from the Mokelumne River;

2. Any effects of climate change on river values and water supply;

3. Specified feasibility studies of the Mokelumne Watershed Interregional Sustainability Evaluation Final Report.

4. Instances in which the secretary of the NRA allowed a water diversion to be constructed on a river segment listed in the system;

5. Instances in which the State Water Resources Control Board approved an application to appropriate water from a river segment that is a part of the system and what restrictions, if any, were placed on the appropriation of water as a result of that river segment’s inclusion in the system.

6. Maps and illustrations to show the area included within the report;

7. Characteristics which do or do not make the area a worthy addition to the system;

8. Status of land ownership and use; and

9. Potential uses which will be enhanced, foreclosed, or curtailed if included in the system.

3. Requires the NRA’s clear recommendation on whether the designated portion of the Mokelumne River or any segment of that portion is suited or not to be added to the system in a report due on or before December 31, 2017.

4. Establishes interim protections for the Mokelumne until December 31, 2021, or until the study is completed (whichever occurs first) and implementation of any recommendation to add segments to the system that prohibit dams, reservoirs, or other water impoundment facilities from construction unless the secretary determines that the facility is needed to supply domestic water to the residents of the county or counties through which the river and segment flows and the secretary also determines that the facility will not adversely affect the freeflowing condition and natural character of the river. This provision exempts the Amador Water Agency’s water rights application (5647X03) that is pending before the State Water Resources Control Board and also states that the bill does not affect the Mokelumne River Project operated by PGE.

5. Defines the segments of the Mokelumne that may be added to the system after the study is completed.

6. Extends existing law prohibiting state agencies from cooperating with new dams on rivers in the system to the stretch of the Mokelumne that is subject to the study.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee, one-time costs of up to $125,000 to the General Fund for the Natural Resources Agency to complete the required study with 50% of the resources for the study coming from the Upper Mokelumne River Watershed Authority.

SUPPORT: (Verified 9/4/15)

Amador City

Amador City

Amador County Board of Supervisors

Amador County Business Council

Amador County Republican Central Committee

Amador Water Agency

American Whitewater

Association of California Water Agencies

CA Wildlife Foundation

CA Oaks

Calaveras Amador Mokelumne River Authority

Calaveras Community Action Project

Calaveras County Board Of Supervisors

Calaveras County Republican Party

Calaveras County Taxpayers Association

Calaveras County Water District

Calaveras Public Utility District

California League of Conservation Voters

California Outdoors

California Sportfishing Protection Alliance

California Water Impact Network

Center for Sierra Nevada Conservation

Central Sierra Mining

City of Ione

City of Jackson

City of Plymouth

City of Sutter Creek

Clean Water Action

East Bay Municipal Utility District

El Dorado Irrigation District

Environmental Water Caucus

First Mace Water Association

Foothill Conservancy

Friends of the River

Jackson Valley Irrigation District

Mountain Counties Water Resources Association

My Valley Springs

Natural Heritage Institute

North Coast Rivers Alliance

Northern California Council of the International Federation of Fly Fishers

O.A.R.S. Companies, Inc.

Pine Grove CSD

Planning and Conservation League

Rabb Park CSD

Sierra Business Council

South Yuba River Citizens League

Terre Rouge & Easton Wines

OPPOSITION: (Verified 9/4/15)

None received

ARGUMENTS IN SUPPORT: The goal of the author and many of the supporters is to ensure that a study is completed before designation of the Mokelumne is considered in legislation. Last year, Senator Hancock carried SB 1199 which would have achieved such a designation without a study. That bill was held in the Assembly Appropriations Committee.

ASSEMBLY FLOOR: 71-3, 6/1/15

AYES: Achadjian, Alejo, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gordon, Gray, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Santiago, Steinorth, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NOES: Grove, Levine, Mark Stone

NO VOTE RECORDED: Travis Allen, Dahle, Beth Gaines, Gallagher, Gonzalez, Salas

Prepared by: William Craven / N.R. & W. / (916) 651-4116

9/8/15 17:26:25

**** END ****

 THIRD READING  

Bill No: AB 142

Author: Bigelow (R)

Amended: 9/1/15 in Senate

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 7/14/15

AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning, Vidak, Wolk

SENATE APPROPRIATIONS COMMITTEE: 5-0, 8/27/15

AYES: Lara, Beall, Hill, Leyva, Mendoza

NO VOTE RECORDED: Bates, Nielsen

ASSEMBLY FLOOR: 71-3, 6/1/15 - See last page for vote

SUBJECT: Wild and scenic rivers: Mokelumne River

SOURCE: Author

DIGEST: This bill requires the secretary of the Natural Resources Agency (secretary) to study and report on the suitability of designating the Mokelumne River, its tributaries, or portions thereof, under the California Wild and Scenic Rivers Act.

ANALYSIS:

Existing law, the California Wild and Scenic Rivers Act (Act):

1. Declares that it is the policy of the state that certain rivers that possess extraordinary scenic, recreational, fishery, or wildlife values be preserved in their "free-flowing" state, together with their immediate environments, for the benefit and enjoyment of the people of the state.

2. Declares that such use of these rivers is the highest and most beneficial use, and is a reasonable and beneficial use of water.

3. Defines "free-flowing" as existing or flowing without artificial impoundment, diversion, or other modification of the river. (The presence of low dams, diversion works, and other minor structures does not automatically bar a river's inclusion within the wild and scenic rivers system (system).

4. Requires that those rivers or segments of rivers included in the system be classified as one of the following:

1. Wild rivers, which are those rivers or segments of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted;

2. Scenic rivers, which are those rivers or segments of rivers that are free of impoundments, with shorelines or watersheds still largely primitive and shorelines largely undeveloped, but accessible in places by roads; or

3. Recreational rivers, which are those rivers or segments of rivers that are readily accessible by road or railroad, may have some development along their shorelines, and may have undergone some impoundment or diversion in the past.

5. Designates several California rivers and segments thereof as components of the system.

6. Requires the California Natural Rivers Agency (NRA) to be responsible for coordinating the activities of state agencies whose activities affect the rivers in the system with those of other state, local, and federal agencies with jurisdiction over matters that may affect the rivers.

7. Requires the NRA to study and submit to the Governor and Legislature reports on the suitability or nonsuitability for addition to the system when the Legislature designates potential additions to the system. The reports shall include the following:

1. Recommendations and proposals with respect to the designation of a river or segment;

2. Maps and illustrations to show the area included within the report;

3. Characteristics which do or do not make the area a worthy addition to the system;

4. Status of land ownership and use; and

5. Potential uses which will be enhanced, foreclosed, or curtailed if included in the system.

This bill:

1. Requires a study by the NRA that analyzes the suitability or non-suitability of the designation of the Mokelumne River, its tributaries, or portions thereof as additions to the system. The costs of the study will be divided between the state and the Upper Mokelumne River Watershed Authority. The local share may be from appropriated funds or a contribution of services.

2. Requires the study to include:

1. A suitability analysis that includes the potential effects on the ability of public agencies and utilities within the watershed to feasible and projected future water requirements through the development of new water supplies from the Mokelumne River;

2. Any effects of climate change on river values and water supply;

3. Specified feasibility studies of the Mokelumne Watershed Interregional Sustainability Evaluation Final Report.

4. Instances in which the secretary of the NRA allowed a water diversion to be constructed on a river segment listed in the system;

5. Instances in which the State Water Resources Control Board approved an application to appropriate water from a river segment that is a part of the system and what restrictions, if any, were placed on the appropriation of water as a result of that river segment’s inclusion in the system.

6. Maps and illustrations to show the area included within the report;

7. Characteristics which do or do not make the area a worthy addition to the system;

8. Status of land ownership and use; and

9. Potential uses which will be enhanced, foreclosed, or curtailed if included in the system.

3. Requires the NRA’s clear recommendation on whether the designated portion of the Mokelumne River or any segment of that portion is suited or not to be added to the system in a report due on or before December 31, 2017.

4. Establishes interim protections for the Mokelumne until December 31, 2021, or until the study is completed (whichever occurs first) and implementation of any recommendation to add segments to the system that prohibit dams, reservoirs, or other water impoundment facilities from construction unless the secretary determines that the facility is needed to supply domestic water to the residents of the county or counties through which the river and segment flows and the secretary also determines that the facility will not adversely affect the free-flowing condition and natural character of the river. This provision exempts the Amador Water Agency’s water rights application (5647X03) that is pending before the State Water Resources Control Board.

5. Defines the reach of the Mokelumne that may be added to the system as from one-half mile downstream of the Salt Springs 97-066 Dam to the upper extend of the Pardee Reservoir at the elevation of not less than 580 feet above mean sea level.

6. Extends existing law prohibiting state agencies from cooperating with new dams on rivers in the system to the stretch of the Mokelumne that is subject to the study.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to Senate Appropriations Committee, one-time costs of up to $125,000 to the General Fund for the Natural Resources Agency to complete the required study

SUPPORT: (Verified 8/28/15)

Amador City

Amador County Board of Supervisors

Amador County Business Council

Amador County Republican Central Committee

Amador Water Agency

American Whitewater

Association of California Water Agencies

CA Wildlife Foundation/CA Oaks

Calaveras Amador Mokelumne River Authority

Calaveras Community Action Project

Calaveras County Board Of Supervisors

Calaveras County Republican Party

Calaveras County Taxpayers Association

Calaveras County Water District

Calaveras Public Utility District

California League of Conservation Voters

California Outdoors

California Sportfishing Protection Alliance

California Water Impact Network

Center for Sierra Nevada Conservation

Central Sierra Mining

City of Ione

City of Jackson

City of Plymouth

City of Sutter Creek

Clean Water Action

East Bay Municipal Utility District

El Dorado Irrigation District

Environmental Water Caucus

First Mace Water Association

Foothill Conservancy

Friends of the River

Jackson Valley Irrigation District

Mountain Counties Water Resources Association

My Valley Springs

Natural heritage Institute

North Coast Rivers Alliance

Northern California Council of the International Federation of Fly Fishers

O.A.R.S. Companies, Inc.

Pine Grove CSD

Planning and Conservation League

Rabb Park CSD

Sierra Business Council

South Yuba River Citizens League

Terre Rouge & Easton Wines

One individual

OPPOSITION: (Verified 8/28/15)

Calaveras County Republican Party

ARGUMENTS IN SUPPORT: The goal of the author and many of the supporters is to ensure that a study is completed before designation of the Mokelumne is considered in legislation. Last year, Senator Hancock carried SB 1199 which would have achieved such a designation without a study. That bill was held in the Assembly Appropriations Committee.

ARGUMENTS IN OPPOSITION: The Calaveras County Republican Party objects to a study in advance of a proposal to designate the river as wild and scenic, and it also objects to any cost-sharing with local agencies.

ASSEMBLY FLOOR: 71-3, 6/1/15

AYES: Achadjian, Alejo, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gordon, Gray, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Santiago, Steinorth, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NOES: Grove, Levine, Mark Stone

NO VOTE RECORDED: Travis Allen, Dahle, Beth Gaines, Gallagher, Gonzalez, Salas

Prepared by: William Craven / N.R. & W. / (916) 651-4116

9/1/15 20:25:21

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 142 (Bigelow) - Wild and scenic rivers: Mokelumne River

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 27, 2015

Bill Summary:

AB 142 would require the secretary of the Natural Resources Agency (secretary) to study and report on the suitability of designating the Mokelumne River, its tributaries, or portions thereof, under the California Wild and Scenic Rivers Act.

Fiscal Impact:

One-time costs of up to $125,000 to the General Fund for the Natural Resources Agency to complete the required study.

Committee Amendments:

Amend to require that the Upper Mokelumne River Watershed Authority provide 50% of the resources for the required study.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 142 (Bigelow) - Wild and scenic rivers: Mokelumne River.

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 142 would require the secretary of the Natural Resources Agency (secretary) to study and report on the suitability of designating the Mokelumne River, its tributaries, or portions thereof, under the California Wild and Scenic Rivers Act.

Fiscal Impact:

One-time costs of up to $250,000 to the General Fund for the Natural Resources Agency to complete the required study.

Background:

The California Wild and Scenic Rivers Act (act) declares that it is the policy of the state that certain rivers that possess extraordinary scenic, recreational, fishery, or wildlife values be preserved in their “free-flowing” state, together with their immediate environments, for the benefit of the people of the state. The act declares that such use of these rivers is the highest and most beneficial use, and is a reasonable and beneficial use of water.

Rivers or segments of rivers designed under the act (i.e. “the system”) are classified as one of the following:

• Wild rivers, which are those rivers or segments of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted;

• Scenic rivers, which are those rivers or segments of rivers that are free of impoundments, with shorelines or watersheds still largely primitive and shorelines largely undeveloped, but accessible in places by roads; or

• Recreational rivers, which are those rivers or segments of rivers that are readily accessible by road or railroad, may have some development along their shorelines, and may have undergone some impoundment or diversion in the past.

Proposed Law:

This bill would require the secretary to study the suitability of designating the Mokelumne River, its tributaries, or portions thereof, as additions to the system. The study would be required to consider the following:

• The potential effects of the proposed designation on the ability of public agencies and utilities within the watershed to meet current and future water requirements;

• Any effects of climate change on river values;

• The Mokelumne Watershed interregional Sustainability Evaluation, Final Report dated June 12, 2015;

• The instances where the a water diversion facility may be constructed on a river or segment of a river that is part of a system;

• The instances where the State Water Resources Control Board has approved an application to appropriate water from a river or segment of a river that is part of the system; and

• Public input from abroad range of stakeholders.

The study would be required to include the secretary’s recommendations and to be submitted to the Governor and the Legislature by December 31, 2017.

No dam, reservoir, diversion, or other water impoundment facility may be constructed on any segment of the Mokelumne River that is a potential addition to the system until the completion of the study and report, or December 31, 2021, whichever occurs first, unless the secretary determines that the facility is needed to supply domestic water and that the facility will not adversely affect the free-flowing condition and natural character of the river and segment.

Related Legislation:

SB 1199 (Hancock), 2014) would have designated a 37-mile portion of the Mokelumne River in Calaveras and Amador Counties in the Sierra Nevada as a wild and scenic river. SB 1199 was held in the Assembly Appropriation Committee on suspense.

Staff Comments:

Supporters of the bill note that there are a number of existing studies and reports that can contribute to the study required by the bill. Specifically, the supporters note the US Forest Service Final Environmental Impact Report for its North Fork Mokelumne Wild and Scenic River study and sections of the BLM Resource Management Plan that relate to Wild and Scenic eligibility and suitability for the river.

The Natural Resources Agency anticipates that the study required by the bill will cost approximately $250,000 to the General Fund. According to the agency, these costs take into account the existing information. The agency notes that although there is a fair amount of existing data, it will still require a significant amount of workload to review and compile the information. Also, there will are some areas that aren’t covered by existing documents that will require study.

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Fran Pavley, Chair

2015 - 2016 Regular

Bill No: AB 142 Hearing Date: July 14, 2015

Subject: Wild and scenic rivers: Mokelumne River.

BACKGROUND AND EXISTING LAW

The California Wild and Scenic Rivers Act (Act):

1. Declares that it is the policy of the state that certain rivers that possess extraordinary scenic, recreational, fishery, or wildlife values be preserved in their "free-flowing" state, together with their immediate environments, for the benefit and enjoyment of the people of the state. Declares that such use of these rivers is the highest and most beneficial use, and is a reasonable and beneficial use of water.

2. Defines "free-flowing" as existing or flowing without artificial impoundment, diversion, or other modification of the river. (The presence of low dams, diversion works, and other minor structures does not automatically bar a river's inclusion within the wild and scenic rivers system (system).
   
   

3. Requires that those rivers or segments of rivers included in the system be classified as one of the following:
   
   

   1. Wild rivers, which are those rivers or segments of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted;

2. Scenic rivers, which are those rivers or segments of rivers that are free of impoundments, with shorelines or watersheds still largely primitive and shorelines largely undeveloped, but accessible in places by roads; or

3. Recreational rivers, which are those rivers or segments of rivers that are readily accessible by road or railroad, may have some development along their shorelines, and may have undergone some impoundment or diversion in the past.

4. Designates several California rivers and segments thereof as components of the system.
   
   

5. Requires the California Natural Rivers Agency (NRA) to be responsible for coordinating the activities of state agencies whose activities affect the rivers in the system with those of other state, local, and federal agencies with jurisdiction over matters that may affect the rivers.

6. Requires the NRA to study and submit to the Governor and Legislature reports on the suitability or nonsuitability for addition to the system when the Legislature designates potential additions to the system. The reports shall include the following:

   1. Recommendations and proposals with respect to the designation of a river or segment;

   2. Maps and illustrations to show the area included within the report;

   3. Characteristics which do or do not make the area a worthy addition to the system;

   4. Status of land ownership and use; and

   5. Potential uses which will be enhanced, foreclosed, or curtailed if included in the system.

PROPOSED LAW

The bill would:

1. Require a study by the NRA that analyzes the suitability or non-suitability of the designation of the Mokelumne River, its tributaries, or portions thereof as additions to the system.

2. Require the study to include:

   1. A suitability analysis that includes the potential effects on the ability of public agencies and utilities within the watershed to feasible and projected future water requirements through the development of new water supplies from the Mokelumne River;

   2. Any effects of climate change on river values and water supply;

   3. Instances in which the secretary of the NRA allowed a water diversion to be constructed on a river segment listed in the system;

   4. Instances in which the State Water Resources Control Board approved an application to appropriate water from a river segment that is a part of the system and what restrictions, if any, were placed on the appropriation of water as a result of that river segment’s inclusion in the system.

   5. Maps and illustrations to show the area included within the report;

   6. Characteristics which do or do not make the area a worthy addition to the system;

   7. Status of land ownership and use; and

   8. Potential uses which will be enhanced, foreclosed, or curtailed if included in the system.

3) Require the NRA’s clear recommendation on whether the Legislature should enact legislation to add the portion or any segment of the Mokelumne River to the system in a report due on or before December 31, 2016.

4) Establish interim protections for the Mokelumne during the study period and implementation of any recommendation to add segments to the system that prohibit dams, reservoirs, or other water impoundment facilities from construction unless the secretary determines that the facility is needed to supply domestic water to the residents of the county or counties through which the river and segment flows and the secretary also determines that the facility will not adversely affect the free-flowing condition and natural character of the river. This provision exempts the Amador Water Agency’s water rights application (5647X03) that is pending before the State Water Resources Control Board.

5) Define the reach of the Mokelumne that may be added to the system as upstream from the upper extent of the Pardee Reservoir at the elevation of not less than 580 feet above mean sea level.

6) Extend existing law prohibiting state agencies from cooperating with new dams on rivers in the system to the stretch of the Mokelumne that is subject to the study.

ARGUMENTS IN SUPPORT

The goal of the author and many of the supporters is to ensure that a study is completed before designation of the Mokelumne is considered in legislation. Last year, Senator Hancock carried SB 1199 which would have achieved such a designation without a study. That bill was held in the Assembly Appropriations Committee.

The author and supporters also have requested protection of the existing water right proposal of the Amador Water Agency now pending before the State Water Resources Control Board, and the effect of any designation on water supply reliability.

ARGUMENTS IN OPPOSITION

According to the author, there is no longer any opposition to the bill.

COMMENTS

There are different points of agreement among the supporters of this bill, and there have been active discussions among them to consider possible amendments. Committee staff was involved in a recent meeting at which several amendments were agreed upon by the author and the lead supporters from the conservation community and the affected water agency. Those amendments resolve all but one or two of the items still under discussion. The bill may be amended later by agreement of the stakeholders, or not. The following amendments have been agreed to by the stakeholders. These add specified studies and assessments into the secretary’s study, add a date certain by which the interim protections terminate, geographically define the upper limit of the river segment to be included in the study, and make other changes.

SUGGESTED AMENDMENTS

AMENDMENT 1

Page 3, line 1 Add cross reference to 5093.50 for “river values” – 5093.548(a)(2)

AMENDMENT2

Add as 5093.548(a) (3) – page 3 after line 2

“The following feasibility studies and assessments included within the implementation Plan of the Mokelumne Watershed Interregional Sustainability Evaluation, Final Report dated June 2015: 7a, 7b, 7d, 7f. The inclusion of these studies and assessments in this subsection shall not be construed as an exemption from a wild scenic designation.”

AMENDMENT 3

Page 3, line 19. Extend the report deadline to 12/31/17.

AMENDMENT 4

page 3, line 31 and page 4, line 24) 5093.548(f) – Add outside limit on interim protection date of December 31, 2021.

AMENDMENT 5

page 4, line 6. Add upper limit on potential designation area to 5093.549– “from 0.50 miles miles downstream of the Salt Springs 97-066 Dam to upstream”

AMENDMENT 6

Add uncodified language to allow for state funding of the following feasibility studies and assessments included within the implementation Plan of the Mokelumne Watershed Interregional Sustainability Evaluation, Final Report dated June 12, 2015 that are identified as: 7a, 7b, 7d, 7f

ASSEMBLY THIRD READING

ATR Bill Id:AB 142

Author:(Bigelow)

As Amended Ver:April 6, 2015

Majority vote

SUMMARY: Requires the Secretary of the Natural Resources Agency (NRA) to conduct a study analyzing the suitability or non-suitability of adding potions of the Mokelumne River and its tributaries to the Wild and Scenic Rivers System (System).

This Bill:

1. Requires the Secretary of NRA to conduct a study analyzing the suitability or non-suitability of adding potions of the Mokelumne River and its tributaries to the System.

2. Requires the study to consider, in addition to what is already required for a wild and scenic study, all of the following:

   1. Effects of the proposed designation on the ability of public agencies and utilities within the Mokelumne River watershed to meet current and projected future water requirements.

   2. Requires only feasible projects to meet foreseeable demands be considered for projected future water requirements.

   3. Effects of climate change.

   4. Instances when the Secretary has determined a water diversion facility may be constructed on a river or segment of a river that is part of the system.

   5. Instances when the State Water Resources Control Board has approved an application to appropriate water from a river or a segment of a river that is part of the system and what restrictions were placed on the appropriation of water as a result of the river or segment of a river’s inclusion in the system.

3. Requires the study to include a clear recommendation and be submitted to the Governor and Legislature by December 31, 2016.

4. Prohibits the construction of any dam, reservoir, diversion or water impoundment facility during the study period or during the implementation of the recommendation.

5. Prohibits the assistance from the state in the planning or construction of a dam, reservoir, diversion, or other water impoundment facility.

6. Exempts Amador Water Agency’s water rights application 5647X03 pending before the State Water Resources Control Board water rights from the prohibitions above.

EXISTING LAW, pursuant to the California Wild and Scenic Rivers Act (Act):

1. Declares that it is the policy of the state that certain rivers that possess extraordinary scenic, recreational, fishery, or wildlife values be preserved in their "free-flowing" state, together with their immediate environments, for the benefit and enjoyment of the people of the state. Declares that such use of these rivers is the highest and most beneficial use and is a reasonable and beneficial use of water.

2. Defines "free-flowing" as existing or flowing without artificial impoundment, diversion, or other modification of the river. (The presence of low dams, diversion works, and other minor structures does not automatically bar a river's inclusion within the System.)

3. Requires that those rivers or segments of rivers included in the System be classified as one of the following:

   1. Wild rivers, which are those rivers or segments of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted;

   2. Scenic rivers, which are those rivers or segments of rivers that are free of impoundments, with shorelines or watersheds still largely primitive and shorelines largely undeveloped, but accessible in places by roads; or

   3. Recreational rivers, which are those rivers or segments of rivers that are readily accessible by road or railroad, may have some development along their shorelines, and may have undergone some impoundment or diversion in the past.

4. Designates several California rivers and segments thereof as components of the System.

5. Requires the NRA to be responsible for coordinating the activities of state agencies whose activities affect the rivers in the System with those of other state, local, and federal agencies with jurisdiction over matters that may affect the rivers.

6. Requires the NRA to study and submit to the Governor and Legislature reports on the suitability or nonsuitability for addition to the system when the Legislature designates potential additions to the system. The reports shall include the following:

   1. Recommendations and proposals with respect to the designation of a river or segment;

   2. Maps and illustrations to show the area included within the report;

   3. Characteristics which do or do not make the area a worthy addition to the system;

   4. Status of land ownership and use;

   5. Potential uses which will be enhanced, foreclosed, or curtailed if included in the System.

FISCAL EFFECT: According to the Assembly Appropriations Committee, one-time GF costs in the $250,000 range for the Agency to conduct the study, analyze the criteria specified in this bill, conduct public outreach and submit the report to the Governor and Legislature.

COMMENTS:

1. Purpose. According to the author, the study of the portion of the Mokelumne River (or any segment of that portion, located upstream from the upper extent of Pardee Reservoir, as specified) required by this bill will ensure all environmental, water supply and climate effects of designating this section of the Mokelumne as Wild and Scenic are thoroughly analyzed by the Natural Resources Secretary prior to potentially designating this segment as an addition to the Wild and Scenic river system in California.

2. The Act. The Act was passed in 1972 to preserve designated rivers possessing extraordinary scenic, recreation, fishery, or wildlife values. With its initial passage, the System protected segments of the Smith River and tributaries, Klamath River and tributaries, Scott River, Salmon River, Trinity River, Eel River, Van Duzen River, and American River. The System was subsequently expanded by the Legislature to include the East Carson and West Walker rivers in 1989, the South Yuba River in 1999, the Albion River and Gualala Rivers in 2003, and Cache Creek in 2005. In addition, segments of the McCloud River, Deer Creek, and Mill Creek were protected under the Act in 1989 and 1995 respectively, although these segments were not formally designated as components of the System.

The Act provides a number of legal protections for rivers included within the System. The Act defines "free-flowing" as "existing or flowing without artificial impoundment, diversion, or other modification of the river." The existence of minor structures, or even major dams located upstream or downstream of a specific segment, does not preclude a river from designation. Several rivers, such as the Klamath, Trinity, Eel, and lower American, are included in the System despite substantial flow modifications by existing upstream dams and impoundments.

No dam, reservoir, diversion, or other water impoundment facility may be constructed on any river segment included in the System. However, there are exemptions, which include temporary flood storage facilities on the Eel River and temporary recreational impoundments on river segments with a history of such impoundments. NRA cannot authorize these temporary recreational impoundments without first making a number of findings.

3. The Mokelumne River. Located in the Central Sierra, the Mokelumne is a hard-working river with dams and diversions providing irrigation water for agriculture in the Central Valley while also generating hydro-electricity for more than 200,000 homes. The water quality found in the North Fork and main stem of the Mokelumne River has been found to be extremely high. The East Bay Municipal Utilities District serves approximately 1.4 million residents of the East Bay with drinking water from this river segment.

The river is home to diverse wildlife populations, rare wildlife, and a trout fishery. It also features deep granite canyons, the massive Devil’s Nose and Calaveras Dome, cascading waterfalls, dramatic gorges, and mature riparian forests that afford increasingly rare opportunities to view isolated, primitive mid-Sierra natural beauty. The river is enjoyed by many for recreation such as swimming, whitewater kayaking and rafting, and hiking.

4. Studies. While Section Public Resources Code Section 5093.547 does require the NRA to study potential additions to the system, no study has been conducted in over 20 years. AB 3101 (Sher) of 1986 and AB 653 (Sher) of 1993 required studies by the NRA, which included a proposed designation, interim protections while the study was conducted, and a due date for the study.

Rivers have been added to the system by the Legislature without studies. The Legislature added the South Yuba River in 1999, the Albion River and Gualala Rivers in 2003, and Cache Creek in 2005 to the System without a study.

Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0000721

Date of Hearing: April 15, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 142

Author:(Bigelow) – As Amended Ver:April 6, 2015

Urgency: No State Mandated Local Program: No Reimbursable:

SUMMARY:

This bill requires the Secretary of the Natural Resources Agency (Agency) to conduct a study analyzing the suitability or non-suitability of adding potions of the Mokelumne River and its tributaries to the Wild and Scenic Rivers System. The study must include a clear recommendation and be submitted to the Governor and Legislature by December 31, 2016.

This bill prohibits the construction of any dam, reservoir, diversion or water impoundment facility during the study period or during the implementation of the recommendation. The prohibition shall not apply to or affect in any way a specified water rights application currently pending before the State Water Resources Control Board.

FISCAL EFFECT:

One-time GF costs in the $250,000 range for the Agency to conduct the study, analyze the criteria specified in the bill, conduct public outreach and submit the report to the Governor and Legislature.

COMMENTS:

1. Purpose. According to the author, the study of the portion of the Mokelumne River (or any segment of that portion, located upstream from the upper extent of Pardee Reservoir, as specified) required by this bill will ensure all environmental, water supply and climate effects of designating this section of the Mokelumne as Wild and Scenic are thoroughly analyzed by the Natural Resources Secretary prior to potentially designating this segment as an addition to the Wild and Scenic river system in California.

2. Background. The California Wild and Scenic Rivers Act established State policy to protect the designated segments of these classified rivers in their free-flowing state for the benefit and enjoyment of the people. The law contains a declaration that such use of rivers is the highest and most beneficial use of these rivers and constitutes a reasonable and beneficial use within the meaning of the State Constitution. Consequently, these segments are considered fully appropriated by the California Division of Water Rights. Those who obtain new water rights may not "impair" the designated segments of Wild and Scenic rivers.

The Act defines “free-flowing” as “existing or flowing without artificial impoundment, diversion, or other modification of the river.” The existence of minor structures, or even major dams located upstream or downstream of a specific segment, does not preclude a river from designation. Several rivers, such as the Klamath, Trinity, Eel, and lower American, are included in the System despite substantial flow modifications by existing upstream dams and impoundments.

3. California's Wild and Scenic Rivers. California law now considers segments of the Smith River and tributaries, Klamath River and tributaries, Scott River, Salmon River, East Carson and West Walker Rivers, South Yuba River, Albion and Gualala Rivers, and Cache Creek as Wild and Scenic.

Segments of the McCloud River, Deer Creek, and Mill Creek are also protected under the state act although not formally designated. The Cache Creek designation, which covers 31 miles of that stream, was the most recent designation, in 2005.

The California Wild and Scenic Rivers Act requires the Natural Resources Agency (NRA) to perform a study to consider future additions to the state wild and scenic river system, however, segments have been added to the system as a result of such studies, but also through legislative action, without studies.

4. Prior Legislation. Last year, SB 1199 (Hancock) would have designated a 37 mile portion of the Mokelumne River in Calaveras and Amador counties a Wild and Scenic. This bill was held on suspense in the Assembly Appropriations Committee.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: March 23, 2015

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Das Williams, Chair

ABPCA Bill Id:AB 142

Author:(Bigelow) – As Introduced Ver:January 12, 2015

SUBJECT: Wild and scenic rivers: Mokelumne River

SUMMARY: Requires, prior to the designation of the Mokelumne River, the Secretary of the Natural Resources Agency (NRA) to conduct a study analyzing the suitability or non-suitability of the Mokelumne River, its tributaries, or portions of the river for addition to the Wild and Scenic Rivers System (System). The study shall include the Secretary’s recommendations on whether the river should be designated.

EXISTING LAW, pursuant to the California Wild and Scenic Rivers Act (Act):

1. Declares that it is the policy of the state that certain rivers that possess extraordinary scenic, recreational, fishery, or wildlife values be preserved in their "free-flowing" state, together with their immediate environments, for the benefit and enjoyment of the people of the state. Declares that such use of these rivers is the highest and most beneficial use and is a reasonable and beneficial use of water.

2. Defines "free-flowing" as existing or flowing without artificial impoundment, diversion, or other modification of the river. (The presence of low dams, diversion works, and other minor structures does not automatically bar a river's inclusion within the System.)
   
   

3. Requires that those rivers or segments of rivers included in the System be classified as one of the following:
   
   

   1. Wild rivers, which are those rivers or segments of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted;

2. Scenic rivers, which are those rivers or segments of rivers that are free of impoundments, with shorelines or watersheds still largely primitive and shorelines largely undeveloped, but accessible in places by roads; or

3. Recreational rivers, which are those rivers or segments of rivers that are readily accessible by road or railroad, may have some development along their shorelines, and may have undergone some impoundment or diversion in the past.

4. Designates several California rivers and segments thereof as components of the System.
   
   

5. Requires the NRA to be responsible for coordinating the activities of state agencies whose activities affect the rivers in the System with those of other state, local, and federal agencies with jurisdiction over matters that may affect the rivers.

6. Requires the NRA to study and submit to the Governor and Legislature reports on the suitability or nonsuitability for addition to the system when the Legislature designates potential additions to the system. The reports shall include the following:

   1. Recommendations and proposals with respect to the designation of a river or segment;

   2. Maps and illustrations to show the area included within the report;

   3. Characteristics which do or do not make the area a worthy addition to the system;

   4. Status of land ownership and use;

   5. Potential uses which will be enhanced, foreclosed, or curtailed if included in the System.

THIS BILL:

1. Requires a study by the NRA that analyzes the suitability or non-suitability of a proposed designation prior to the designation of the Mokelumne River, its tributaries, or portions thereof as additions to the System.

2. Requires the study to include:

   1. A suitability analysis that includes the potential effects on the ability of public agencies and utilities within the watershed to meet current and projected future water requirements through the development of new water supplies from the Mokelumne River;

   2. Any effects of climate change;

   3. Maps and illustrations to show the area included within the report;

   4. Characteristics which do or do not make the area a worthy addition to the system;

   5. Status of land ownership and use;

   6. Potential uses which will be enhanced, foreclosed, or curtailed if included in the System.

3. Requires the NRA’s recommendations and proposals with respect the proposed designation.
   
   

FISCAL EFFECT: Unknown

COMMENTS:

1. Author's Statement:

AB 142 directs the Secretary of the Natural Resources Agency to conduct a study of the Mokelumne River, prior to a designation as wild and scenic, to ensure that all environmental and water supply effects are taken into account. The impacts of climate change are also to be taken into account.

2. The Act. The Act was passed in 1972 to preserve designated rivers possessing extraordinary scenic, recreation, fishery, or wildlife values. With its initial passage, the System protected segments of the Smith River and tributaries, Klamath River and tributaries, Scott River, Salmon River, Trinity River, Eel River, Van Duzen River, and American River. The System was subsequently expanded by the Legislature to include the East Carson and West Walker rivers in 1989, the South Yuba River in 1999, the Albion River and Gualala Rivers in 2003, and Cache Creek in 2005. In addition, segments of the McCloud River, Deer Creek, and Mill Creek were protected under the Act in 1989 and 1995 respectively, although these segments were not formally designated as components of the System.

The Act provides a number of legal protections for rivers included within the System, beginning with the following legislative declaration:

It is the policy of the State of California that certain rivers which possess extraordinary scenic, recreational, fishery, or wildlife values shall be preserved in their free-flowing state, together with their immediate environments, for the benefit and enjoyment of the people of the state. The Legislature declares that such use of these rivers is the highest and most beneficial use and is a reasonable and beneficial use of water within the meaning of Section 2 of Article X of the California Constitution.

The Act defines “free-flowing” as “existing or flowing without artificial impoundment, diversion, or other modification of the river.” The existence of minor structures, or even major dams located upstream or downstream of a specific segment, does not preclude a river from designation. Several rivers, such as the Klamath, Trinity, Eel, and lower American, are included in the System despite substantial flow modifications by existing upstream dams and impoundments.

No dam, reservoir, diversion, or other water impoundment facility may be constructed on any river segment included in the System. However, there are exemptions, which include temporary flood storage facilities on the Eel River and temporary recreational impoundments on river segments with a history of such impoundments. NRA cannot authorize these temporary recreational impoundments without first making a number of findings.

A cornerstone of the Act is the non-degradation clause, which prohibits new projects and activities from adversely affecting the free-flowing condition and natural character of river segments included in the System.

The Act was patterned after the 1968 National Wild and Scenic Rivers Act. The state and federal acts share similar criteria and definitions in regard to the purpose of protecting rivers, the identification of free flowing rivers and extraordinary or outstanding values suitable for protection, establishing a study process to include rivers in the system, as well as an identical classification system. The primary purpose of both the state and federal acts is to prohibit new water impoundments on designated rivers.

3. The Mokelumne River. Located in the Central Sierra, the Mokelumne is a hard-working river with dams and diversions providing irrigation water for agriculture in the Central Valley while also generating hydro-electricity for more than 200,000 homes. The water quality found in the North Fork and main stem of the Mokelumne River has been found to be extremely high. The East Bay Municipal Utilities District serves approximately 1.4 million residents of the East Bay with drinking water from this river segment.

The river is home to diverse wildlife populations, rare wildlife, and a trout fishery. It also features deep granite canyons, the massive Devil’s Nose and Calaveras Dome, cascading waterfalls, dramatic gorges, and mature riparian forests that afford increasingly rare opportunities to view isolated, primitive mid-Sierra natural beauty. The river is enjoyed by many for recreation such as swimming, whitewater kayaking and rafting, and hiking.

4. Studies. While Section 5093.547 of the Public Resources Code does require the NRA to study potential additions to the system, no study has been conducted in over 20 years. AB 3101 (Sher, 1986) and AB 653 (Sher, 1993) required studies by the NRA, which included a proposed designation, interim protections while the study was conducted, and a due date for the study.

Rivers have been added to the system by the Legislature without studies. The Legislature added the South Yuba River in 1999, the Albion River and Gualala Rivers in 2003, and Cache Creek in 2005 to the System without a study.

AB 142 does not propose a designation on the Mokelumne River to be studied. Therefore, the Secretary will not actually conduct a wild and scenic study of the Mokelumne River unless another bill proposes a designation or if the Secretary proposes a designation. The author and committee may wish to amend the bill to propose a designation on the Mokelumne upstream from the upper extent of Pardee Reservoir.

AB 142 requires extra consideration beyond what is already considered in a wild and scenic study for the impacts to water supply projects and climate change. While climate change was not considered in prior wild and scenic studies, potential uses, such as water supply development, are already required to be considered. This creates confusion and may require the study to consider the impact of unneeded projects that could not realistically be built. The author and committee may wish to amend the bill to define “projected future water requirements” to be “feasible projects to meet foreseeable demands.”

Prior study bills also included public input, a due date by which the study should be complete, and interim protections for the river proposed for designation. This bill does not contain any of those components. The author and committee may wish to amend the bill to take public input from a broad range of stakeholders, include a due date of December 31, 2016 and have interim protections including a prohibition on construction of any dam, reservoir, diversion, or other water impoundment facility and a prohibition on the state assistance or funding for projects that could adversely impact the free-flowing condition of the river.

Proponents of the bill have concerns that interim protections may impact their water right application before the State Water Resources Control Board (SWRCB). Last year SB 1199 included a provision saying wild and scenic designation could have no impact on this water right. However, it is unclear how wild and scenic status has affected water rights historically. The author and committee may wish to amend the bill to protect Amador Water Agency’s (AWA) water right application pending before the SWRCB and include in the study how wild and scenic status has affected water rights historically to better understand the impacts of designation.

5. Prior legislation. Last year, SB 1199 attempted to designate a 37 mile portion of the Mokelumne River in Calaveras and Amador Counties in the Sierra Nevada as a wild and scenic river. SB 1199 was held in the Assembly Appropriation Committee.

The AWA opposed SB 1199 last year. Chief among their concerns was the scope of the anti-degradation provision, which, as stated above, requires future diversion projects to have no adverse effect on the free-flowing condition and natural character of the river and segment. The analysis of SB 1199 pointed out that there are no known cases where the anti-degradation provision has been invoked to preclude a diversion project. However, AWA was concerned about the plain meaning of the provision and the uncertainty it creates for future projects.

5. Support. AWA supports AB 142, "because Amador County has very limited amounts of groundwater, the Mokelumne River has always been the principal source of water for AWA to meet the needs of Amador County. Dependence on the river will only increase. Moreover, California’s ongoing drought condition has helped heighten awareness in the region of a critical need to shore-up existing supplies with supplemental storage at existing facilities to meet current and future demands."

7. Opposition. Friends of the River and the Foothill Conservancy raise concerns that “AB 142 would thwart state protection of the river if wild and scenic designation might possibly result in any negative impact on undefined future local water supply or complications due to climate change.” They also point out that “the Mokelumne has been the subject of two federal Wild and Scenic River studies, a watershed assessment, and most recently, an interregional water planning process that has cost nearly $900,000--all paid for by the taxpayers.”
   
   

REGISTERED SUPPORT / OPPOSITION:

Support

Amador County Board of Supervisors

Amador Water Agency

Association of California Water Agencies

Calaveras County Republican Party

Calaveras County Taxpayers Association

Calaveras County Water District

Calaveras Public Utility District

City of Jackson

City of Plymouth

City of Sutter Creek

First Mace Water Association

Jackson Valley Irrigation District

Mountain Counties Water Resources Association

Pine Grove Community Services District

Rabb Park Community Services District

Opposition

Amador Olive Oil
American River Touring Association
American Whitewater
AquAlliance
Bear Yuba Land Trust
Butte Environmental Council
California Canoe & Kayak

California League of Conservation Voters
California Outdoors
California River Watch
California Sportfishing Protection Alliance
California Water Impact Network
California Wilderness Coalition
Center for Sierra Nevada Conservation
Chico Paddleheads
Clean Water Action
Coast Action Group
Community Action Project
Defenders of Wildlife
East Bay Municipal Utility District (unless amended)
Ebbetts Pass Forest Watch
El Dorado Chapter of Trout Unlimited
Environmental Water Caucus
Foothill Conservancy
Forest Issues Group
Friends of Hope Valley
Friends of the River
Mariposans for the Environment and Responsible Government
Natural Heritage Institute
Northcoast Environmental Center
North Coast Rivers Alliance
O.A.R.S Companies
Planning and Conservation League
Protect American River Canyons
Restore the Delta
Safe Alternatives for Our Forest Environment
San Francisco Crab Boat Owners’ Association
Save the American River Association
Sierra Club California
Sierra Foothills Audubon Society
Sierra Nevada Adventure Co.
Sierra Nevada Alliance
South Yuba River Citizens League
Terre Rouge and Easton Wines
The Fish Sniffer
The River Store and Current Adventures
Tuolumne River Trust
West Point News & Upcountry News
Winnemem Wintu Tribe

Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092