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2009 Session on California Water Policy

The following is a more detailed although not comprehensive summary of the series of water policy bills that were passed by the California Legislature during special session in October 2009.  WPHA will provide additional information on the potential impact of these bills as information is developed.

SB X7 1: Public Resources
Creates major changes to Delta governance to address Sacramento-San Joaquin Delta's water infrastructure and watershed issues. Bill does not authorize the construction of a peripheral canal, but does provide for a new seven-member governing council to oversee management of the Delta, which is then authorized to approve or disapprove a peripheral canal. This bill:

  • Creates a new state agency, the Delta Stewardship Council (Council), which is authorized to develop and implement a comprehensive management plan for the Delta. The Council will have jurisdiction over certain state and local agency actions that will occur within the boundaries of the Delta.
  • Revises the existing Delta Protection Act of 1992 to reduce the members on the existing Delta Protection Commission from 23 to 15. Requires the Commission to appoint at least one advisory committee, consisting of representatives from state agencies and stakeholders interested in the Delta's water supply, ecosystem, socioeconomic sustainability, as well as other interests.
  • Establishes the Sacramento-San Joaquin Delta Conservancy, whose primary authority will be to implement ecosystem restoration, environmental protection, and economic sustainability of the Delta.
  • Requires the State Water Resources Control Board (SWRCB) to establish new flow criteria for the Delta ecosystem necessary to protect public trust resources.

SB X7 2: Safe, Clean and Reliable Drinking Water Act of 2010
The $11.14 billion water bond is targeted for the November 2010 ballot. It includes:

  • $3 billion for water storage projects, including surface storage & groundwater storage.
  • $2.25 billion for Delta sustainability.
  • $1.5 billion for water supply reliability.
  • $1 billion for groundwater protection and water quality.
  • $1 billion for water recycling programs.
  • $1.785 million for conservation and watershed protection.
  • $455 million for drought relief, including water conservation and efficiency projects.

SB X7 6: Groundwater 
Creates new regulations to monitor groundwater levels throughout the state. Entities will be required to file standardized groundwater monitoring reports. Including:

  • Groundwater elevations in all groundwater basins to be monitored locally.
  • Allows local agencies to qualify as the monitoring agency for certain portions of a basin or sub-basin as designated by the Department of Water Resources (DWR).

 

SB X7 7: Water Conservation
Requires sustainable water use and mandatory reductions. Requirements include:

  • The state must achieve a 20 percent reduction in urban water use by Dec. 31, 2020 with additional reduction of 10 percent reduction by 2015.
  • Urban water suppliers must develop water use targets by 2011.
  • Agricultural water suppliers must implement efficient water management practices by July 2012 and prepare water management plans by December 2012.
  • The DWR to develop water use reporting forms.
  • Urban and agricultural water supplier must comply with conservation requirements to be eligible for state water grants or loans.

SB X7 8: Water Diversion and Use
Amended heavily prior to passage, it is likely to see additional legislation to reinstate language in the next session. Currently the bill:

  • Requires most diverters of surface water, including riparian and pre-1914 users, to submit diversion and use statements to the SWRCB. The statements require specific information regarding the person submitting the statement, the area in which the water is diverted, the purpose of the use, the water source, the capacity of the diversion, and the year in which the diversion commenced.
  • Misdemeanor penalty of $1,000 or six months imprisonment for making a material mis-statement in the diversion and use statement.
  • Civil liability of $1,000, plus $500 per day for failing to file a use statement after the SWRCB has notified diverter of the violation.
  • Civil liability of $25,000, plus $1,000 for each day for tampering with a measuring device or failing to correct the violation after notification from the SWRCB.
  • Appropriates money from bond acts to support the SWRCB enforcement efforts, including the additional staff.

 

   

 

 

 

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