AB 1146: Water infrastructure: dams and reservoirs: water release: false pretenses.

Existing law provides for the regulation and supervision of dams and reservoirs exclusively by the state. Under existing law, a person who violates certain provisions related to the regulation and supervision of dams and reservoirs or of any approval, order, rule, regulation, or requirement of the Department of Water Resources is guilty of a misdemeanor, as specified.

This bill would prohibit the release of stored water from a reservoir owned and operated by the United States in this state if the release is done under false pretenses, which the bill would define to mean a release of water from a reservoir owned and operated by the United States in a manner that is knowingly, designedly, and intentionally under any false or fraudulent representation as to the purpose and intended use of the water. The bill would authorize the State Water Resources Control Board to issue an interim relief order, as specified, to a reservoir operator to prohibit the release of stored water in or the Attorney General, as provided, to bring an action for injunctive relief for a violation of the above-described prohibition. The bill would authorize the board to commence an interim relief proceeding on its own motion. The bill would make any person who violates these provisions civilly liable in an amount not to exceed $10,000 for each day in which the violation occurs. The bill would also require these penalties to apply to the United States to the extent authorized under federal law, as specified. By expanding the scope of a crime, the bill would impose a state-mandated local program.