Plain English Breakdown
The official source text is truncated at the end of Section (3), so any details following that point are not included in this summary.
AB-2026: Updates to Floodwater Diversion Rules for Groundwater Recharge
This law extends deadlines and expands exemptions so that diverting floodwaters to recharge groundwater requires fewer permits, environmental reviews, and streambed agreements if tribal consultation occurs.
What This Bill Does
- Extends the deadline for exempting certain floodflow diversions from needing a full water right permit until January 1, 2034.
- Exempts these specific floodwater diversions from standard environmental impact reports and streambed alteration agreements if tribal consultation is conducted as provided by law.
- Expands the definition of 'floodflow' to include flows downstream of a dam that are releasing water for flood control purposes.
- Allows certain permit terms in applications within or upstream of the Sacramento-San Joaquin Delta to satisfy requirements that diverting water will not harm legal users of the Central Valley Project or State Water Project until January 1, 2037.
- Broadens the definition of a 'minor application' to include private entities working with groundwater sustainability agencies under specific agreements.
Who It Names or Affects
- Local and regional agencies managing flood control or general plans
- Private entities that have agreements with groundwater sustainability agencies
- The State Water Resources Control Board and the Division of Water Rights
Terms To Know
- Floodflow
- Water flowing during flood events, now including releases from dams for flood control purposes.
- Groundwater recharge
- The process of moving water into underground storage to replenish aquifers.
- Minor application
- A simplified permit request for small or previously authorized diversions that may skip some standard review steps like field investigations under specific conditions.
Limits and Unknowns
- The exemption from environmental reviews and streambed agreements only applies if tribal consultation is conducted as provided.
- Provisions regarding water diversion in the Sacramento-San Joaquin Delta will end on January 1, 2037.
- Exceptions for field investigations require that new diversions be substantially similar to those authorized under temporary permits for at least five years and involve no greater amount or different points of diversion.