Signed by Governor Arnold Schwarzenegger

Vote Smart's Synopsis:

Vote to concur with Assembly amendments and pass a bill that appropriates funds and amends existing law regarding water diversion.

Highlights:

-Appropriates $546 million, including the following allocations (Sec. 8):

-$250 million for integrated regional water management grants and expenditures for programs to help reduce dependence on the Sacramento-San Joaquin Delta for water supply; -$170 million to reduce the risk of levee failure in the Sacramento-San Joaquin Delta that would jeopardize water conveyance; -$70 million for grants for stormwater flood management projects; -$32 million for flood control projects in the Sacramento-San Joaquin Delta designed to reduce the potential for levee failures that would jeopardize water conveyance; -$24 million for grants to local agencies to implement or assist in the establishment of natural community conservation plans for areas in or around the Sacramento-San Joaquin Delta.

-Sets up a continuous appropriation of $3.75 million to be made annually beginning in fiscal year 2010-2011 to fund 25 permanent water right enforcement positions (Sec. 11). -Provides that a person who fails to file a required statement for water diversion or use that occurs after January 1, 2009 or who tampers with a measuring device may be subject to civil liability, and sets the following limits on such civil liability (Sec. 6):

-For failure to file a required statement, up to $1,000 plus up to $500 per day for each additional day on which the violation continues if the person fails to file a statement within 30 days after the board has called the violation to the person's attention; -For a violation resulting from physical malfunction of a measuring device not caused by tampering or for any other unintentional misstatement, up to $250 plus up to $250 per day for each additional day on which the device continues to malfunction or the misstatement is not corrected if the person fails to correct or repair the device or misstatement within 60 days after the board has called the malfunction or violation to the attention of the person; -For knowingly tampering with a measuring device or knowingly making a material misstatement in a required statement for water diversion or use, $25,000 plus $1,000 for each day on which the violation continues if the person fails to correct it within 30 days after the board has called the violation to the person's attention; and -For any other violation, $500 plus $250 for each additional day on which the violation continues if the person fails to correct it within 30 days after the board has called the violation to the person's attention.

-Provides a new exception to annual water diversion statement requirements so that a statement is not required if the water diversion is covered by a registration for small domestic or livestock stockpond uses, or permit or license to appropriate water on file with the board (Sec. 4). -Modifies two existing exceptions to annual water diversion statement requirements in the following ways (Sec. 4):

-First modified exception:
-Existing law: A statement is not required if the water diversion is from a spring that does not flow off the property on which it is located; -New law: A statement is not required if the water diversion is from a spring that does not flow off the property on which it is located and from which the person's aggregate diversions do not exceed 25 acre-feet in any year; and
-Second modified exception:
-Existing law: A statement is not required if the water diversion is regulated by a watermaster appointed by the department; -New law: A statement is not required if the water diversion is regulated by a watermaster appointed by the department and included in annual reports filed with a court or the board by the watermaster which identify the persons diverting water and describe the general purposes, place, and use of the diversion as well as the quantity of water that has been diverted from each source.

-Stipulates that this bill will only take effect if SBx7 1, SBx7 6, SBx7 7 are enacted and become effective (Sec. 12).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that appropriates funds and amends existing law regarding water diversion.

Highlights:

-Appropriates $546 million, including the following allocations (Sec. 8):

-$250 million for integrated regional water management grants and expenditures for programs to help reduce dependence on the Sacramento-San Joaquin Delta for water supply; -$170 million to reduce the risk of levee failure in the Sacramento-San Joaquin Delta that would jeopardize water conveyance; -$70 million for grants for stormwater flood management projects; -$32 million for flood control projects in the Sacramento-San Joaquin Delta designed to reduce the potential for levee failures that would jeopardize water conveyance; -$24 million for grants to local agencies to implement or assist in the establishment of natural community conservation plans for areas in or around the Sacramento-San Joaquin Delta.

-Sets up a continuous appropriation of $3.75 million to be made annually beginning in fiscal year 2010-2011 to fund 25 permanent water right enforcement positions (Sec. 11). -Provides that a person who fails to file a required statement for water diversion or use that occurs after January 1, 2009 or who tampers with a measuring device may be subject to civil liability, and sets the following limits on such civil liability (Sec. 6):

-For failure to file a required statement, up to $1,000 plus up to $500 per day for each additional day on which the violation continues if the person fails to file a statement within 30 days after the board has called the violation to the person's attention; -For a violation resulting from physical malfunction of a measuring device not caused by tampering or for any other unintentional misstatement, up to $250 plus up to $250 per day for each additional day on which the device continues to malfunction or the misstatement is not corrected if the person fails to correct or repair the device or misstatement within 60 days after the board has called the malfunction or violation to the attention of the person; -For knowingly tampering with a measuring device or knowingly making a material misstatement in a required statement for water diversion or use, $25,000 plus $1,000 for each day on which the violation continues if the person fails to correct it within 30 days after the board has called the violation to the person's attention; and -For any other violation, $500 plus $250 for each additional day on which the violation continues if the person fails to correct it within 30 days after the board has called the violation to the person's attention.

-Provides a new exception to annual water diversion statement requirements so that a statement is not required if the water diversion is covered by a registration for small domestic or livestock stockpond uses, or permit or license to appropriate water on file with the board (Sec. 4). -Modifies two existing exceptions to annual water diversion statement requirements in the following ways (Sec. 4):

-First modified exception:
-Existing law: A statement is not required if the water diversion is from a spring that does not flow off the property on which it is located; -New law: A statement is not required if the water diversion is from a spring that does not flow off the property on which it is located and from which the person's aggregate diversions do not exceed 25 acre-feet in any year; and
-Second modified exception:
-Existing law: A statement is not required if the water diversion is regulated by a watermaster appointed by the department; -New law: A statement is not required if the water diversion is regulated by a watermaster appointed by the department and included in annual reports filed with a court or the board by the watermaster which identify the persons diverting water and describe the general purposes, place, and use of the diversion as well as the quantity of water that has been diverted from each source.

-Stipulates that this bill will only take effect if SBx7 1, SBx7 6, SBx7 7 are enacted and become effective (Sec. 12).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that appropriates $546 million for integrated regional water management, flood control, and community conservation plans.

Highlights:

-Appropriates $546 million, including the following allocations (Sec. 8):

-$250 million for integrated regional water management grants and expenditures for programs to help reduce dependence on the Sacramento-San Joaquin Delta for water supply; -$170 million to reduce the risk of levee failure in the Sacramento-San Joaquin Delta that would jeopardize water conveyance; -$70 million for grants for stormwater flood management projects; -$32 million for flood control projects in the Sacramento-San Joaquin Delta designed to reduce the potential for levee failures that would jeopardize water conveyance; -$24 million for grants to local agencies to implement or assist in the establishment of natural community conservation plans for areas in or around the Sacramento-San Joaquin Delta.

-Stipulates that this bill will only take effect if SBx7 1, SBx7 5, SBx7 6, and SBx7 7 are enacted and become effective (Sec. 12).

Full Bill Text