AB 1272: State Water Resources Control Board: drought planning.

(1)Existing law establishes the State Water Resources Control Board and the California regional water quality control boards. Existing law requires the state board to formulate and adopt state policy for water quality control.

The bill would require the state board, in consultation with the Department of Fish and Wildlife, to adopt principles and guidelines for diversion and use of water in coastal watersheds, as specified, during times of water shortage for drought preparedness and climate resiliency. The bill would require that the principles and guidelines allow for the development of locally generated watershed-level plans to support public trust uses, public health and safety, and the human right to water in times of water shortage, among other things. The bill also would require the state board, prior to adopting those principles and guidelines, to allow for public comment and hearing, as provided. The bill would make the implementation of these provisions contingent upon an appropriation of funds by the Legislature for this purpose.

(2)Existing law authorizes the state board to issue a cease and desist order against a person who is violating, or threatening to violate, certain requirements relating to water use. Existing law authorizes civil liability for a person or entity in violation of a term or condition of a permit, license, certificate, or registration issued by, an order adopted by, or regulations adopted by, the state board in an amount not to exceed $500 for each day that the violation occurs.

This bill would authorize the state board to issue a cease and desist order when a diversion or use violates or threatens to violate an applicable principle or guideline adopted by the state board for the diversion and use of water in specified coastal watersheds during times of water shortage, and would authorize up to a $500-per-day civil liability for a person or entity who violates one of those principles or guidelines.