Water rights: appropriation: small restoration use.

Plain English Breakdown

The exact nature of 'nonsubstantive' changes is not specified in the official source material.

Water Rights for Small Restoration Projects

AB-717 allows people to obtain water rights for small restoration projects and requires them to follow certain rules set by the Department of Fish and Wildlife.

What This Bill Does

• Allows people to obtain water rights for small restoration uses, as defined.
• Requires a person applying for these water rights to also apply for a restoration management permit from the Department of Fish and Wildlife if required.
• If the Director of Fish and Wildlife establishes proposed streamflow requirements for a stream segment, it prohibits new registrations until instream flow requirements are established by the State Water Resources Control Board.

Who It Names or Affects

• People who want water rights for small restoration projects
• The Department of Fish and Wildlife
• The State Water Resources Control Board

Terms To Know

Restoration use

Using water to fix damaged ecosystems or habitats.

Instream flow requirements

Rules about how much water must stay in a stream to protect the environment.

Limits and Unknowns

• The bill does not specify what happens if someone cannot get a restoration management permit.
• It is unclear how long it will take for new instream flow requirements to be established after they are proposed by the Director of Fish and Wildlife.

Official Summary Text

AB 717, as amended, Aguiar-Curry.
Water rights:
small irrigation use.
appropriation: small restoration use.
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. Existing law requires a person, in registering their water use to the board, to set forth a certification that the registrant has contacted the Department of Fish and Wildlife and to include a copy of any conditions required by the department.
This bill would authorize any person to also obtain a right to appropriate water for a small restoration use, as defined. The
bill would also authorize a person to apply for a restoration management permit from the Department of Fish and Wildlife, as provided, and if the permit is issued, the person would be required to include a copy of any conditions required by the restoration management permit with the required certification.
Existing law exempts certain stream segments subject to certain minimum streamflow requirements from the provisions of the act upon proper registration.
This bill, if the Director of Fish and Wildlife establishes proposed streamflow requirements for a stream segment, as specified, would instead prohibit the authorization of a registration for that stream segment until the board establishes instream flow requirements as a part of the general conditions applicable to that stream segment. The bill would require that the establishment of those instream flow requirements be done after the board considers the proposed
streamflow requirements, if proposed by the director.
Existing law, the Water Rights Permitting Reform Act of 1988, authorizes a person to obtain a right to appropriate water for a small domestic use, small irrigation use, or livestock stockpond use upon first registering the use, as those uses are defined by the act, with the State Water Resources Control Board and thereafter applying the water to reasonable and beneficial use with due diligence. Existing law exempts certain stream segments subject to certain minimum streamflow requirements from the provisions of the act upon proper registration.
This bill would make a nonsubstantive change to the above-described exemption.

Current Bill Text

Download Bill PDF