Water: restoration management: small restoration use.

Plain English Breakdown

Checked against official source text during the last sync.

Water Restoration Management for Small Projects

This law allows individuals to register a 'small restoration use' with the State Water Resources Control Board and obtain rights to appropriate water, similar to other small uses like domestic or irrigation purposes.

What This Bill Does

• Allows individuals to register a 'small restoration use' with the State Water Resources Control Board to obtain rights to appropriate water.
• Defines 'small restoration use' as using water for fish and wildlife preservation and enhancement in connection with projects that restore, enhance, or provide habitat for native species.
• Requires the board to prioritize processing registrations for small restoration uses if they are linked to petitions for mandatory dedication to instream beneficial uses or wetlands habitat.
• Extends existing renewal requirements for other small water use registrations to include small restoration uses.
• Authorizes the Department of Fish and Wildlife to issue permits that allow continued diversion and use of water necessary to maintain long-term benefits from qualifying restoration projects.

Who It Names or Affects

• Individuals seeking permission to use water for small restoration projects.
• The State Water Resources Control Board, which will process these new types of registrations.
• The Department of Fish and Wildlife, responsible for issuing permits related to the diversion and use of water in restoration projects.

Terms To Know

Small Restoration Use

A specified use of water aimed at preserving or enhancing fish and wildlife habitat through restoration projects.

Instream Beneficial Uses

Uses of water that benefit the environment, such as maintaining flows for fish migration or wetlands preservation.

Limits and Unknowns

• The bill does not specify how long it will take to process small restoration use registrations.
• It is unclear what specific conditions must be met for a project to qualify as having substantial net benefits from water management changes.

Official Summary Text

AB 2260, as amended, Connolly.
Water: restoration management: small restoration use.
(1) Existing law, the Water Rights Permitting Reform Act of 1988, authorizes any person to obtain a right to appropriate water for a small domestic, small irrigation, or livestock stockpond use, as defined, upon registering the use with the State Water Resources Control Board, as prescribed, payment of a registration fee, and application of the water to reasonable and beneficial use with due diligence.
This bill would extend the above-described ability to obtain a right to appropriate water to a small restoration use, as provided. The bill would define several terms for these purposes, including defining a small restoration use as a specified use of water for fish and wildlife preservation and enhancement in connection with a project to restore, enhance, or provide habitat for native fish and wildlife, as provided. The
bill would require the board to give priority to processing small restoration use registrations that are coupled with a petition for mandatory dedication to instream beneficial uses or wetlands habitat, as specified.
Existing
(2) Existing
law requires renewal of registration of a small domestic, small irrigation, or livestock
pond
stockpond
use pursuant to a specified process prior to the expiration of each 5-year period following
complete
completed
registration. Existing law authorizes the board to establish general conditions for some methods of diversion or categories of small irrigation use before establishing general conditions
or
for
other methods or categories, as specified.
This bill would also apply the above-described provisions to a small restoration use.
(2)
Existing law, the Restoration Management Permit Act, authorizes the Department of Fish and Wildlife to issue a restoration management
permit to authorize take, possession, import, or export of any species or subspecies of fish, wildlife, or plant in association with a qualifying restoration project, as provided. Under existing law, if a qualifying restoration project includes the substantial diversion or obstruction of the natural flow of, or substantial change or use of any material from the bed, channel, or bank of, any river, stream, or lake, and the department determines the activity may substantially adversely affect an existing fish or wildlife resource, the department may authorize those activities through a restoration management permit.
This bill would authorize the department to authorize the continued diversion and use of water through a restoration management permit as necessary to ensure the water management changes are maintained over time, if the substantial net benefit resulting from a qualifying restoration project will be obtained through changes to the diversion and use of
water as compared to baseline conditions, as provided.

Current Bill Text

Download Bill PDF