AB 1337: State Water Resources Control Board: water diversion curtailment.

(1)Under existing law, the diversion or use of water other than as authorized by specified provisions of law is a trespass, subject to specified civil liability.

This bill would expand the instances when the diversion or use of water is considered a trespass.

(2)Existing law establishes the State Water Resources Control Board in the California Environmental Protection Agency and vests the board with various powers and duties, including, among other things, to ascertain whether or not water heretofore filed upon or attempted to be appropriated is appropriated under the laws of this state. Existing law authorizes the board to adopt emergency regulations if, among other things, the regulations are adopted to prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverters priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.

This bill would authorize the board to issue a curtailment order for any diversion, regardless of basis of right, when water is not available under the diverters priority of right. The bill would authorize require the board to adopt regulations to implement this provision.

(3)Existing law authorizes the board to issue a cease and desist order against a person who is violating, or threatening to violate, certain requirements relating to water use.

This bill would additionally authorize the board to issue a cease and desist order when a water right holder fails to curtail diversions when water is unavailable under the water right holders priority of right.