Existing law requires a person who diverts 10 acre-feet of water per year or more under a permit or license to install and maintain a device or employ a method capable of measuring the rate of direct diversion, rate of collection to storage, and rate of withdrawal or release from storage, as specified, and with certain exceptions.

This bill would make a nonsubstantive change to this provision. delay those requirements for 2 years.

Existing law requires a person who diverts 10 acre-feet of water per year or more under a permit or license to install and maintain a device or employ a method capable of measuring the rate of direct diversion, rate of collection to storage, and rate of withdrawal or release from storage, as specified, and with certain exceptions.

This bill would make a nonsubstantive change to this provision.

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Fran Pavley, Chair

2015 - 2016 Regular

Bill No: AB Hearing Date: June 28, 2016

Subject: Water rights: monitoring and reporting

BACKGROUND AND EXISTING LAW

The FY 2015/16 Resources Trailer Bill (SB 88), among other things, authorized the State Water Resources Control Board to adopt regulations requiring measurement and reporting of water diversion and use by either of the following:

• Persons authorized to appropriate water under a permit, license, registration for small domestic, small irrigation, or livestock stockpond use, or certification for livestock stockpond use.
• Persons diverting 10 acre-feet of water or more per year.

In January 2016, the State Board adopted such regulations. The regulations require those who divert more than 10 acre-feet of water per year to measure their diversions.

PROPOSED LAW

This bill would exempt from the State Board’s annual measurement and reporting regulations water diversion and uses for livestock stockponds if the diversions are less than year-round.

ARGUMENTS IN SUPPORT

According to the author, “SB 88, which was enacted in 2015, implemented new measuring, monitoring and reporting requirements on any individual or entity diverting surface water of more than 10 acre-feet. Although the statute allows the State Water Resources Control Board the ability to provide exemptions based on the cost of compliance, the regulations provide little flexibility for diverters to comply. It’s estimated that the cost of the monitoring equipment could cost $20,000-$50,000 which for these small diverters is very hard to afford. AB 2357 is a narrowly drafted exemption from the emergency monitoring, measuring and reporting regulations to help farmers and ranchers who are already struggling to fully understand and comply with the new regulations. While it won’t take away from the primary intent of SB 88, AB 2357 will clarify that only stock ponds that are filled by a year-round diversion to storage are subject to the regulations and exempts small livestock ponds that are filled intermittently during rainy months. This will provide necessary regulatory relief to small family farmers and ranchers without impeding on the legislature’s ability to collect more accurate data about surface water.”

ARGUMENTS IN OPPOSITION:

The Sierra Club writes, “We oppose AB 2357, which delays implementation of SB 88, passed last year. SB 88 required more reporting of diversions to the Water Board, so that they can better manage water resources during this and future droughts. Water diversion information is needed now, not in 2018. We urge your NO vote on AB 2357.”

COMMENTS

What Problem Are We Solving? Some livestock stockponds are in areas where there is no way to physically access the stockponds in the winter to read a staff gauge or other measuring device. This would make it difficult to report monthly storage amounts. However, the regulations provide specific compliance rules only for storage facilities of over 10 acre-feet.

There is one place in the regulations that suggests that livestock stockpond storage must be measured monthly. However, it could also simply be a case of inelegant drafting of that section or a case of reading more into the regulation than is really there.

SUGGESTED AMENDMENTS: None

SUPPORT

California Waterfowl Association

California Farm Bureau Federation

California Cattlemen’s Association

OPPOSITION

Sierra Club California

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2357

Author:(Dahle)

As Amended Ver:April 5, 2016

Majority vote

SUMMARY: Limits the State Water Resources Board's (SWRCB) authority to adopt regulations requiring the measurement and reporting of water diversion and use by small domestic and agricultural users to only those in year-round use.

EXISTING LAW:

1. Requires a water right holder who diverts 10 acre-feet or more per year to be capable of continuously measuring and reporting with a month to month breakdown at a minimum annually. Permits adoption of measurement and reporting requirements on all water right holders.
2. Allows for a registration and certification water right for small agricultural uses that are capped at 10 acre-feet or less annually. Allows registrations and certifications to be conditioned by the SWRCB.

FISCAL EFFECT: According to the Assembly Appropriations Committee this bill has:

1. Increased one-time costs of approximately $100,000 (Water Rights Fund) for SWRCB to revise and re-adopt the regulations under a regular rulemaking process.
2. Potential increased one-time costs of up to $500,000 (Water Rights Fund) if SWRCB determines an Environmental Impact Report (EIR) is required under the California Environmental Quality Act (CEQA) to revise and re-adopt the regulations.

COMMENTS:

Last year, SB 88 (Budget Committee) Chapter 27, Statutes of 2015, added measurement and reporting requirements for a substantial number of water diverters. In January of this year, SWRCB adopted regulations applying measurement requirements on all water right holders who divert more than 10 acre-feet of water per year. Reporting requirements in the regulation apply to all water right holders irrespective of size, including registrations and certifications. The reporting requirements for registrations and certifications do not take effect until January 1, 2018.

SB 88 allowed SWRCB to adopt emergency regulations rather than going through a regular rulemaking process. SB 88 also provided a CEQA exemption for the initial adoption of the regulations.

According to proponents, exempting small livestock stockponds that are filled intermittently only during rainy months will provide necessary regulatory relief to small family farmers and ranchers without impeding the Legislature's desire to collect more accurate and timely information.

According to opponents, this bill will impair implementation of SB 88. Oftentimes, management decisions have been dealing with small margins of error, and all information is necessary so the SWRCB can do its job.

This bill applies to any permits, licenses or registrations required for small domestic, small irrigation or livestock stockpond use.

Analysis Prepared by: Ryan Ojakian / W., P., & W. / (916) 319-2096 FN: 0003211

Date of Hearing: April 27, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2357

Author:(Dahle) – As Amended Ver:April 5, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill limits the State Water Resources Board's (SWRCB) authority to adopt regulations requiring the measurement and reporting of water diversion and use by small domestic and agricultural users to only those in year-round use.

FISCAL EFFECT:

1. Increased one-time costs of approximately $100,000 (Water Rights Fund) for SWRCB to revise and re-adopt the regulations under a regular rulemaking process.
2. Potential increased one-time costs of up to $500,000 (Water Rights Fund) if SWRCB determines an Environmental Impact Report (EIR) is required under the California Environmental Quality Act (CEQA) to revise and re-adopt the regulations.

COMMENTS:

1. Background. Last year, SB 88 (Budget Committee) Chapter 27, Statutes of 2015, added measurement and reporting requirements for a substantial number of water diverters. In January of this year, SWRCB adopted regulations applying measurement requirements on all water right holders who divert more than 10 acre-feet of water per year. Reporting requirements in the regulation apply to all water right holders irrespective of size, including registrations and certifications. The reporting requirements for registrations and certifications do not take effect until January 1, 2018.

SB 88 allowed SWRCB to adopt emergency regulations rather than going through a regular rulemaking process. SB 88 also provided a CEQA exemption for the initial adoption of the regulations.

1. Purpose. According to the author, although current law allows SWRCB to provide exemptions based on the compliance costs, the newly adopted measurement and reporting regulation provides little flexibility. The author estimates the cost of monitoring equipment may range from $20,000 to $50,000. According to proponents, exempting small livestock stockponds that are filled intermittently only during rainy months will provide necessary regulatory relief to small family farmers and ranchers without impeding Legislature’s desire to collect more accurate and timely information.

This bill applies to any permits, licenses or registrations required for small domestic, small irrigation or livestock stockpond use.

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

Date of Hearing: April 12, 2016

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Marc Levine, Chair

ABPCA Bill Id:AB 2357 (

Author:Dahle) – As Amended Ver:April 5, 2016

SUBJECT: Water rights: monitoring and reporting

SUMMARY: Restricts specific existing measurement and reporting requirements on small agricultural water users to only those in year round use.

EXISTING LAW:

1. Requires a water right holder who diverts 10 acre-feet or more per year to be capable of continuously measuring and reporting with a month to month breakdown at a minimum annually. Permits adoption of measurement and reporting requirements on all water right holders.
2. Allows for a registration and certification water right for small agricultural uses that are capped at 10 acre-feet or less annually. Allows registrations and certifications to be conditioned by the State Water Resources Control Board (State Water Board)

FISCAL EFFECT: Unknown.

COMMENTS: Restricts specific existing measurement and reporting requirements on small agricultural water users to only those in year round use.

1. Author’s statement: SB 88, which was enacted in 2015, implemented new measuring, monitoring and reporting requirements on any individual or entity diverting surface water of more than 10 acre-feet. Although the statute allows the State Water Board the ability to provide exemptions based on the cost of compliance, the regulations provide little flexibility for diverters to comply. It’s estimated that the cost of the monitoring equipment could cost $20,000-$50,000, which for these small diverters is very hard to afford. AB 2357 will clarify that only stock ponds that are filled by a year-round diversion to storage are subject to the regulations, and exempts small livestock ponds that are filled intermittently during rainy months.
2. Background: Last year SB 88 (Budget) Chapter 27, Statutes of 2015, added measurement and reporting requirements for a substantial number of diverters. The additional requirements are administered by the State Water Board. In January of this year the State Water Board adopted regulations applying measurement requirements on all water right holders who divert more than 10 acre-feet of water per year. Reporting requirements in the regulation apply to all water right holders irrespective of size, including registrations and certifications. The reporting requirements for registrations and certifications do not take effect until January 1, 2018.

The State Water Board has anticipated that the new requirements could present challenges and is holding meetings and workshops around the state to receive input on key issues in the emergency regulation.

This bill creates a narrow exemption from reporting requirements in the State Water Board regulations by exempting short lived small agricultural use storage ponds.

1. Prior and Related Legislation: SB 88 (Budget) Chapter 27, Statutes of 2015, added measurement and reporting requirements for a substantial number of diverters.
2. Supporting Arguments: Active surface water diversions to small stock ponds typically occur during California’s rainy season. Ponds fill with runoff from precipitation and dry up near the end of the summer grazing season. In order to fully comply with monitoring, measuring, and reporting requirements a rancher must be physically present to monitor a diversion. Many stock ponds for summer pasture fill during the rainy season but the rancher is not present to monitor the diversion. Exempting small livestock stock ponds that are filled intermittently only during rainy months will provide necessary regulatory relief to small family farmers and ranchers and not impede on the Legislature’s desire to collect more accurate and timely information.
3. Opposition Arguments: This bill will impair implementation of SB 88. Oftentimes, management decisions have been dealing with small margins of error, and all information is necessary so the State Water Board can do its job. Water diversion information is needed now.

REGISTERED SUPPORT / OPPOSITION:

Support

California Cattlemen’s Association

California Farm Bureau Federation

California Waterfowl Association

Opposition

Sierra Club California

Analysis Prepared by: Ryan Ojakian / W., P., & W. / (916) 319-2096