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

Plain English Breakdown

The official source does not provide specific enforcement mechanisms or penalties for federal agencies.

Water Release Rules for Federal Reservoirs

AB-1146 makes it illegal to release water from federal reservoirs in California under false pretenses and sets penalties for violations.

What This Bill Does

• Makes it against the law to release stored water from a federal reservoir if the reason given is not true or honest.
• Allows the State Water Resources Control Board to issue an interim relief order to stop the release of water temporarily if there's a problem with false pretenses.
• Gives the Attorney General permission to take legal action to prevent water releases that break these rules.
• Says anyone who breaks this law can be fined up to $10,000 for each day they keep breaking it.

Who It Names or Affects

• People and organizations that operate or manage water from federal reservoirs in California.
• The State Water Resources Control Board and the Attorney General of California.

Terms To Know

False Pretenses

When someone lies about why they are doing something, like releasing water from a reservoir for reasons that aren't true or honest.

Interim Relief Order

A temporary order issued by the State Water Resources Control Board to stop an action until more information is gathered.

Limits and Unknowns

• The bill does not specify how it will be enforced or what happens if federal agencies do not follow these rules.
• It's unclear who would pay any fines imposed under this law, especially since the United States might be involved.

Official Summary Text

AB 1146, as amended, Papan.
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.
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.

Current Bill Text

Download Bill PDF