AB-1986: Water resources: permit to appropriate: application procedure. Wilk

Session Year: 2015-2016

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Hearings for AB-1986

Bill Details

  • Text
  • Votes
  • History
  • Bill Analysis
  • Today's Law As Amended
  • Status
  • Comments to Author

Text

An act to add Section 1305 to the Water Code, relating to water resources.

LEGISLATIVE COUNSEL'S DIGEST

AB 1986, Assembly Member Wilk. Water resources: permit to appropriate: application procedure.

Under existing law, the State Water Resources Control Board administers a water rights program pursuant to which the board grants permits and licenses to appropriate water. Existing law requires an application for a permit to appropriate water to include, among other things, sufficient information to demonstrate a reasonable likelihood that unappropriated water is available for the proposed appropriation. Existing law requires the board to issue and deliver a notice of an application as soon as practicable after the receipt of an application for a permit to appropriate water that conforms to the law. Existing law allows interested persons to file a written protest with regard to an application to appropriate water and requires the protestant to set forth the objections to the application. Existing law declares that no hearing is necessary to issue a permit in connection with an unprotested application, or if the undisputed facts support the issuance of the permit and there is no disputed issue of material fact, unless the board elects to hold a hearing.

This bill, if the board has not rendered a final determination on an application for a permit to appropriate water within 20 years from the date the application was filed, would require the board to issue a notice and provide an opportunity for protests before rendering a final determination, with specified exceptions. This bill would provide that it is not a limitation on the authority of the board to issue a notice or direct the applicant to issue a notice if, because of changes in the project or other circumstances, the issuance of a notice is necessary to provide a fair opportunity for interested persons to file protests or is in the public interest.

Vote Required: majority Appropriation: no Fiscal Committee: yes Local Program: no

The people of the State of California do enact as follows:

SECTION 1. Section 1305 is added to the Water Code, to read:
1305.

(a)If the board has not rendered a final determination on an application for a permit to appropriate water within 20 years from the date the application was filed, the board shall issue a new notice and provide an opportunity for protests under Chapter 4 (commencing with Section 1330) before rendering a final determination.

(b)A notice and opportunity for protests pursuant to subdivision (a) is not required if any of the following apply:

(1)The application is canceled or denied.

(2)A notice and opportunity for protests has been provided within five years prior to the board rendering a final approval.

(3)The board holds a hearing or conducts proceedings under Article 1.5 (commencing with Section 1345), after public notice of the hearing or proceeding, and allows any person requesting notice of the hearing or proceedings to participate as a party in the hearing or proceeding, including the presentation of evidence, without having to have filed protests. The board shall provide not less than 45 days’ written notice, in the same manner as would be provided to an unresolved protestant, to any person requesting the notice.

(c)This section is not a limitation on the authority of the board to issue a notice or direct the applicant to issue a notice if, because of changes in the project or other circumstances, the issuance of a notice is necessary to provide a fair opportunity for interested persons to file protests or is in the public interest.

Bill Version

April 14, 2016 - Amended in Assembly

Bill Activity

Introduced by

Assembly Member Wilk
February 16, 2016

Amended in Assembly

April 14, 2016

Votes

Date Result Location Ayes Noes NVR Motion
04/12/16 (PASS) Asm Water, Parks and Wildlife 12 2 0 Do pass as amended and be re-referred to the Committee on [Appropriations]
  Ayes: Cristina Garcia, Dodd, Eduardo Garcia, Eggman, Gomez, Harper, Levine, Lopez, Medina, Olsen, Salas, Williams
  Noes: Bigelow, Gallagher
  No Votes Recorded: Mathis

History

Date Action
05/27/16 In committee: Held under submission.
04/27/16 In committee: Set, first hearing. Referred to APPR. suspense file.
04/18/16 Re-referred to Com. on APPR.
04/14/16 Read second time and amended.
04/13/16 From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 2.) (April 12).
03/28/16 In committee: Set, first hearing. Hearing canceled at the request of author.
02/25/16 Referred to Com. on W., P., & W.
02/17/16 From printer. May be heard in committee March 18.
02/16/16 Read first time. To print.
04/27/16 In committee: Set, first hearing. Referred to APPR. suspense file.
04/18/16 Re-referred to Com. on APPR.
04/14/16 Read second time and amended.
04/13/16 From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 2.) (April 12).
03/28/16 In committee: Set, first hearing. Hearing canceled at the request of author.
02/25/16 Referred to Com. on W., P., & W.
02/17/16 From printer. May be heard in committee March 18.
02/16/16 Read first time. To print.
04/18/16 Re-referred to Com. on APPR.
04/14/16 Read second time and amended.
04/13/16 From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 2.) (April 12).
03/28/16 In committee: Set, first hearing. Hearing canceled at the request of author.
02/25/16 Referred to Com. on W., P., & W.
02/17/16 From printer. May be heard in committee March 18.
02/16/16 Read first time. To print.
04/14/16 Read second time and amended.
04/13/16 From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 2.) (April 12).
03/28/16 In committee: Set, first hearing. Hearing canceled at the request of author.
02/25/16 Referred to Com. on W., P., & W.
02/17/16 From printer. May be heard in committee March 18.
02/16/16 Read first time. To print.
04/13/16 From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 2.) (April 12).
03/28/16 In committee: Set, first hearing. Hearing canceled at the request of author.
02/25/16 Referred to Com. on W., P., & W.
02/17/16 From printer. May be heard in committee March 18.
02/16/16 Read first time. To print.
03/28/16 In committee: Set, first hearing. Hearing canceled at the request of author.
02/25/16 Referred to Com. on W., P., & W.
02/17/16 From printer. May be heard in committee March 18.
02/16/16 Read first time. To print.
02/25/16 Referred to Com. on W., P., & W.
02/17/16 From printer. May be heard in committee March 18.
02/16/16 Read first time. To print.
02/17/16 From printer. May be heard in committee March 18.
02/16/16 Read first time. To print.
02/16/16 Read first time. To print.

Bill Analysis

Date Analysis
04/25/16 Assembly Appropriations
04/08/16 Assembly Water, Parks And Wildlife
03/24/16 Assembly Water, Parks And Wildlife

Today's Law as Amended

Status

Bill Status
Measure: AB-1986
Lead Authors: Wilk
Principal Coauthors: -
Coauthors: -
Topic: Water resources: permit to appropriate: application procedure.
31st Day in Print: 03/18/16
Title: An act to add Section 1305 to the Water Code, relating to water resources.
House Location: Assembly
Introduced Date: 02/16/16
Type of Measure
Active Bill - In Committee Process
Majority Vote Required
Non-Appropriation
Fiscal Committee
Non-Local Program
Non-Urgency
Non-Tax Levy
Last 5 History Actions
Date Action
05/27/16 In committee: Held under submission.
04/27/16 In committee: Set, first hearing. Referred to APPR. suspense file.
04/18/16 Re-referred to Com. on APPR.
04/14/16 Read second time and amended.
04/13/16 From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 2.) (April 12).

Comments to Author