Water policy: California Native American tribes.

Plain English Breakdown

The candidate explanation includes some speculative claims that are not supported by the official source material.

Water Policy for California Native American Tribes

This law requires state agencies to support and consult with California Native American tribes on water policies, aiming to address past inequities.

What This Bill Does

• Requires the state government to help California Native American tribes maintain cultural traditions and engage in good faith consultations regarding policies that may affect them.
• Declares it is the state's policy to recognize and address inequities inflicted upon all California Native American tribes through financial assistance, protection of tribal water uses, consultation on water projects, plans, and policies, and incorporation of indigenous knowledge.
• Requires certain state agencies to consider and incorporate this policy when revising or establishing new rules or policies related to water.

Who It Names or Affects

• California Native American tribes
• State agencies such as the Department of Water Resources, State Water Resources Control Board, regional water quality control boards, and the Natural Resources Agency

Terms To Know

Ecosystem stewardship

Taking care of natural environments to keep them healthy.

Government-to-government consultations

Talking directly between the government and Native American tribes about important decisions that affect them.

Limits and Unknowns

• The bill does not specify how much financial assistance will be given to tribes.
• It is unclear if this law will change existing water rights for tribes or non-tribal members.

Official Summary Text

AB 2218, as amended, Kalra.
Water policy: California Native American tribes.
Existing law establishes the sovereignty of the state.
This bill would require the state government to support California Native Americans to maintain cultural and linguistic traditions, practice ecosystem stewardship, and engage in good faith government-to-government consultations with all California Native American tribes regarding policies that may affect tribal communities.
Existing law establishes various state water policies, including the policy that the use of water for domestic purposes is the highest use of water and the human right to water.
Existing law requires the State Water Resources Control Board to act upon all applications for a permit to appropriate water.
This bill would declare that it is the established policy of the state to
acknowledge and correct
recognize and address
the
inequities caused by state-sanctioned acts of termination, removal, and assimilation
inequities, as described,
inflicted upon all California Native American tribes through
compensation, legal recognition of rights, or replacement of benefits lost.
financial assistance, protection of tribal water uses, consultation on water projects, plans, and policies, and incorporation of indigenous knowledge to restore and protect ecosystems.
The bill would require
all relevant
specified
state agencies, including the
Department of Water Resources and the
State Water Resources Control Board,
regional water quality control boards, and the Natural Resources Agency,
to
consider and
incorporate this policy when revising, adopting, or establishing
rights,
policies, regulations, permits, or grant criteria to address identified
inequities.
inequities. The bill would require those state entities to identify and offer financial assistance to the tribes consistent with existing legal and policy requirements for financial assistance programs.
Existing law authorizes the board to conduct investigations and to issue information orders in administering water rights, as provided.
The bill would require the state board, in furtherance of an investigation and upon request, to consult with a tribe
whose ancestral territory includes the water body or water bodies at issue for the claimed riparian or appropriative right.

Current Bill Text

Download Bill PDF