BILL NUMBER: SB 798 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Natural Resources and Water (Senators
Pavley (Chair), Allen, Fuller, Hertzberg, Hueso, Jackson, Monning,
Stone, and Wolk)
MARCH 18, 2015
An act to amend Sections 1026, 1055, 1228.1, 1228.2, 1228.3,
1228.6, 1229, 1229.1, 1243, 1260, 1427, 1430, 1437, 1440, 1701.2,
1703, 1726, 1727, 1736, and 2863 of, and to repeal Sections 1126.2
and 2866 of, the Water Code, relating to water resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 798, as introduced, Committee on Natural Resources and Water.
Water resources.
(1) Existing law declares that the diversion or use of water other
than as authorized by specified provisions of law is a trespass.
Existing law authorizes the executive director of the State Water
Resources Control Board to issue a complaint to a person who violates
certain use and diversion of water provisions and subjects the
violator to administrative civil liability. Existing law requires
that the complaint be served by personal notice or certified mail and
inform the party served that the party may request a hearing not
later than 20 days from the date the party was served.
This bill would specify that the board is authorized to adopt an
order setting administrative civil liability based on the allegations
set forth in the complaint without a hearing, unless a written
request for a hearing signed by, or on behalf of, the party served
with the complaint is delivered to or received by mail by the board
within 20 days after receipt of the complaint.
(2) Existing law allows a person to apply for, and the board to
issue, a temporary permit for diversion and use of water, subject to
certain restrictions. Existing law allows a permittee or licensee who
has an urgent need to change a point of diversion, place of use, or
purpose of use to petition for, and the board to issue, a temporary
change order, subject to certain restrictions.
This bill would authorize a temporary permit or a temporary change
order to set monitoring, reporting, or mitigation requirements that
apply before or after the authorization to divert or use water under
the temporary permit or temporary change order.
(3) Existing law requires the board, prior to adopting other
general conditions for small irrigation use, and no later than June
30, 2012, to adopt general conditions for small irrigation use for
facilities used for frost protection in a prescribed area, unless the
board determines that sufficient funds are not available for that
purpose.
This bill would eliminate this provision.
(4) Existing law provides that moneys in the Water Resources
Control Board Revolving Fund may be drawn from the State Treasury
upon the approval of the Department of Finance without the submission
of receipts, vouchers, or itemized statements, and used by the board
in paying costs of making water rights determinations.
This bill would provide that moneys in the fund may be drawn from
the State Treasury, upon appropriation by the Legislature, and used
by the board in paying costs of making water rights determinations.
Existing law requires the Department of Finance to review the
status of the fund to determine whether there are excess amounts of
money not needed to carry out these provisions and, if there are
excess amounts of money, to notify the Controller to transfer the
excess money to the General Fund.
This bill would repeal these provisions.
(5) This bill would make various nonsubstantive changes, including
repealing obsolete provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1026 of the Water Code is amended to read:
1026. The lead agency shall not approve a water lease until 30
days after the state board provides written public
notice, including notice by personal delivery or registered mail to
legal users of water which may be affected by the lease, as
identified by the state board, the Department of
Fish and Game, Wildlife, and any party
requesting special notice of water leases pursuant to this chapter.
The water lessor shall pay a reasonable fee, in an amount determined
by the state board, for the cost of providing the notice.
SEC. 2. Section 1055 of the Water Code is amended to read:
1055. (a) The executive director of the board may issue a
complaint to any person or entity on which administrative civil
liability may be imposed pursuant to Section 1052, Article 4
(commencing with Section 1845) of Chapter 12 of Part 2 of Division 2,
or Section 5107. The complaint shall allege the act or failure to
act that constitutes a trespass or violation, the provision of law
authorizing civil liability to be imposed, and the proposed civil
liability.
(b) The complaint shall be served by personal notice or certified
mail, and shall inform the party served that the party may request a
hearing not later than 20 days from the date the party was served.
The hearing shall be before the board or a member of the board, in
accordance with Section 183. The board may adopt an order
setting administrative civil liability based on the allegations set
forth in the complaint without a hearing, unless a written request
for a hearing signed by, or on behalf of, the party served with the
complaint is delivered to or received by mail by the board within 20
days after the date the party was served.
(c) The board, after any necessary hearing, may adopt an order
setting administrative civil liability, or determining that a
liability shall not be imposed.
(d) Orders setting administrative civil liability shall become
effective and final upon issuance thereof and payment shall be made.
SEC. 3. Section 1126.2 of the Water Code is repealed.
1126.2. The provisions of Assembly Bill 3036 of the 1995-96
Regular Session, which, among other things, added this chapter, do
not apply to any proceeding for the judicial review of a decision or
order of the board that is pending on December 31, 1996, and the
applicable law in effect on that date shall continue to apply to that
proceeding.
SEC. 4. Section 1228.1 of the Water Code is amended to read:
1228.1. (a) The Legislature finds and declares that it is in the
public interest to provide a timely, efficient, and economic
procedure for the acquisition of rights to appropriate water for a
small domestic use, including incidental stock watering and
irrigation uses, a small irrigation use, and for a livestock
stockpond subject to prior rights.
(b) As used in this article:
(1) "Small domestic use" means a domestic use, as that use is
defined by board rule, or a use for aesthetic, fire protection,
recreational, or fish and wildlife purposes that is associated with a
dwelling or other facility for human occupation, that does not
exceed direct diversion of 4,500 gallons per day or diversion to
storage of 10 acre-feet per annum. year.
(2) "Small irrigation use" means either of the following:
(A) An irrigation use, heat control use, or frost protection use,
not to exceed diversion to storage of 20 acre-feet per
annum, year, including impoundment for
incidental aesthetic, fire protection, recreational, or fish and
wildlife purposes.
(B) An irrigation use not to exceed direct diversion of 42,000
gallons per day, up to a maximum of 20 acre-feet per annum.
year.
(3) "Livestock stockpond" means a water impoundment structure
constructed for livestock watering use not to exceed direct diversion
of 4,500 gallons per day, or diversion to storage of 10 acre-feet
per year, as that use is defined by the board, and including
impoundment for incidental aesthetic, fire protection, recreational,
or fish and wildlife purposes.
SEC. 5. Section 1228.2 of the Water Code is amended to read:
1228.2. (a) (1) Subject to subdivision (b), any
a person may obtain a right to appropriate water
for a small domestic, small irrigation, or livestock stockpond use
upon first registering the use with the board and thereafter applying
the water to reasonable and beneficial use with due diligence.
(2) With regard to an appropriation for small domestic use, a
registration shall not be filed for a facility served by or used
pursuant to a permit or license for domestic or municipal use, and
not more than one small domestic use registration shall be in effect
at any time for any facility. A small domestic use registration and a
livestock stockpond use registration may be in effect for the same
facility if the total combined water use covered by the registrations
does not exceed 10 acre-feet per annum.
year.
(3) With regard to an appropriation for small irrigation use, more
than one registration may be in effect at any time for a registrant
if the diversion or storage facilities subject to registration for a
registrant do not exceed the ratio of one per 20 irrigated acres, and
if the total water use on all acreage covered by the registrations,
including any water use based on other rights, does not exceed 100
acre-feet per annum. year.
(4) A small domestic use registration and a small irrigation use
registration, or a livestock stockpond use registration and a small
irrigation use registration, may be in effect for the same facility
only if the total combined water use covered by the registrations
does not exceed 20 acre-feet per annum. year.
(5) With regard to an appropriation for livestock stockpond use,
more than one registration may be in effect at any time for a
registrant if stockponds subject to registration for that registrant
do not exceed the ratio of one per 50 acres.
(b) Initiation of rights to appropriate water pursuant to this
article shall be subject to Article 1.3 (commencing with Section
1205), relating to fully appropriated stream systems. The board shall
not accept any a registration of water
use which proposes as a source of water supply any
a stream system which has been unconditionally declared by
the board to be fully appropriated pursuant to Section 1205, except
that subdivision (b) of Section 1206, relating to conditional
declarations of fully appropriated stream systems, shall apply to
registration of water use pursuant to this article, and the board
shall accept those registrations where consistent with the conditions
specified in the declaration.
(c) On or before June 30, 1989, and annually thereafter,
the Division of Water Rights The board shall
annually prepare and post on its Internet Web site
information summarizing the location, nature, and amount of water
appropriated pursuant to this article. The information shall include
a description of the availability of unappropriated water in those
stream systems which may become fully appropriated within the next
reporting period.
(d) If a registration is filed with a source of supply on a stream
system that the most recent report submitted under subdivision (c)
identifies as a stream system that may become fully appropriated
within the next reporting period, the registration shall not take
effect unless the board finds that unappropriated water is available
for the appropriation proposed by the registration. If the board
finds that unappropriated water is not available to supply the
proposed appropriation, the board shall, following notice and
hearing, determine whether that stream system should be declared
fully appropriated pursuant to Article 1.3 (commencing with Section
1205).
SEC. 6. Section 1228.3 of the Water Code is amended to read:
1228.3. (a) Registration of water use pursuant to this article
shall be made upon a form prescribed by the board. The registration
form shall set forth all of the following:
(1) The name and post office address of the registrant.
(2) The source of water supply.
(3) The nature and amount of the proposed use.
(4) The proposed place of diversion.
(5) The place where it is intended to use the water.
(6) The time for completion of construction of diversion works and
for complete application of the water to the proposed use.
(7) A certification that the registrant has contacted a
representative of the Department of Fish and Game
Wildlife designated by that department for that purpose,
has provided information to that department that is set forth in the
registration form, and has agreed to comply with all lawful
conditions, including, but not limited to, conditions upon the
construction and operation of diversion works, required by the
Department of Fish and Game. Wildlife.
The certification shall include a copy of any conditions required by
the Department of Fish and Game Wildlife
pursuant to this paragraph.
(8) Any other information that may reasonably be required by the
board.
(b) Registration of water use shall be deemed completed on the
date that the form, executed in substantial compliance with the
requirements of this section, and the registration fee specified in
Section 1525 are received by the board.
(c) The board shall issue monthly a list of registrations filed
under this article during the preceding calendar month. This list
shall contain the information required by paragraphs (1) to (6),
inclusive, of subdivision (a). The list shall set forth a date prior
to which any interested person may file a written protest in
opposition to the approval of a stockpond registration. That date
shall be not later than 30 days from the date on which the list is
issued. The board shall mail the monthly list of registrations filed
to any person who so requests.
(d) Prior to the date set forth on the list required under
subdivision (c), any interested person may file with the board a
written protest in opposition to the approval of a stockpond
registration. The protest shall clearly set forth the protestant's
objections to the registered use based on interference with prior
rights. The protest shall be served on the registrant by the
protestant by mailing a duplicate copy of the protest to the
registrant, or through service undertaken in another manner
determined to be adequate by the board. The procedures set forth in
Article 1.5 (commencing with Section 1345) of Chapter 5 shall be used
for reviewing a protested registration.
SEC. 7. Section 1228.6 of the Water Code is amended to read:
1228.6. (a) The board shall establish, and may from time to time
revise, reasonable general conditions to which all appropriations
made pursuant to this article shall be subject. The conditions shall
include, but shall not be limited to, the following:
(1) The appropriation is subject to prior rights.
(2) All conditions lawfully required by the Department of Fish and
Game Wildlife are conditions upon the
appropriations.
(3) Diversion works shall be constructed and water applied to
beneficial use with due diligence.
(4) Registration shall be renewed and water use reported pursuant
to law and to the rules of the board.
(b) Immediately upon registration pursuant to Section 1228.3,
renewal of registration pursuant to Section 1228.5, or amended
registration pursuant to Section 1228.7, the board shall provide the
registrant with a written document setting forth the conditions
required by this section, and the perfection and exercise of rights
acquired pursuant to this article shall at all times be subject to
those conditions.
(c) The conditions required by this section shall be deemed "terms
and conditions" within the meaning of Section 1825 and the
expression of legislative intent contained in that section shall be
applicable thereto. The authority of the board to enforce the terms
and conditions of permits and licenses to appropriate water, and to
prevent the unlawful diversion of water, including, but not limited
to, provisions regarding cease and desist orders and the revocation
of permits and licenses, shall be applicable to appropriations
initiated or perfected pursuant to this article.
SEC. 8. Section 1229 of the Water Code is amended to read:
1229. (a) The board is not required to adopt general conditions
for small irrigation use pursuant to subdivision (a) of Section
1228.6 until the board determines that funds are available for that
purpose.
(b) A registration for small irrigation use pursuant to this
article is not authorized until the board establishes general
conditions for small irrigation use pursuant to subdivision (a) of
Section 1228.6 to protect instream beneficial uses.
(c) The board may establish general conditions for some methods of
diversion or categories of small irrigation use before establishing
general conditions for other methods or categories, in which case a
registration for small irrigation use is authorized only for those
methods or categories for which the board has established the general
conditions for the protection of instream beneficial uses.
(d) The board, prior to adopting other general conditions for
small irrigation use, and no later than June 30, 2012, shall adopt
general conditions for registration of small irrigation use for
facilities used for frost protection in the area described in
paragraph (1) of subdivision (a) of Section 1259.4, unless the board
determines that sufficient funds are not available for that purpose.
SEC. 9. Section 1229.1 of the Water Code is amended to read:
1229.1. (a) This article does not apply to those stream segments
for which the Director of Fish and Game
Wildlife establishes proposed streamflow requirements pursuant
to Section 10002 of the Public Resources Code, notwithstanding the
July 1, 1989, deadline for preparation of the requirements.
(b) Notwithstanding subdivision (a), this article applies to
any a registration filed before the
Director of Fish and Game Wildlife
establishes proposed streamflow requirements for the source of water
supply for the registration. The conditions for renewal under
subdivision (c) of Section 1228.5 may include any conditions the
Department of Fish and Game Wildlife
determines to be necessary to protect stream-related fish and
wildlife resources on any a source of
water supply for which the Director of Fish and Game
Wildlife has established proposed streamflow
requirements pursuant to Section 10002 of the Public Resources Code.
SEC. 10. Section 1243 of the Water Code is amended to read:
1243. The use of water for recreation and preservation and
enhancement of fish and wildlife resources is a beneficial use of
water. In determining the amount of water available for appropriation
for other beneficial uses, the board shall take into account,
whenever it is in the public interest, the amounts of water required
for recreation and the preservation and enhancement of fish and
wildlife resources.
The board shall notify the Department of Fish and Game
Wildlife of any an
application for a permit to appropriate water. The Department of
Fish and Game Wildlife shall recommend
the amounts of water, if any, required for the preservation and
enhancement of fish and wildlife resources and shall report its
findings to the board.
This section shall not be construed to affect riparian rights.
SEC. 11. Section 1260 of the Water Code is amended to read:
1260. Every application for a permit to appropriate water shall
set forth all of the following:
(a) The name and post office address of the applicant.
(b) The source of water supply.
(c) The nature and amount of the proposed use.
(d) The location and description of the proposed headworks, ditch
canal, and other works.
(e) The proposed place of diversion.
(f) The place where it is intended to use the water.
(g) The time within which it is proposed to begin construction.
(h) The time required for completion of the construction.
(i) The time for the complete application of the water to the
proposed use.
(j) All data and information reasonably available to applicant or
that can be obtained from the Department of Fish and Game
Wildlife concerning the extent, if any, to which
fish and wildlife would be affected by the appropriation, and a
statement of any measures proposed to be taken for the protection of
fish and wildlife in connection with the appropriation.
(k) Sufficient information to demonstrate a reasonable likelihood
that unappropriated water is available for the proposed
appropriation.
SEC. 12. Section 1427 of the Water Code is amended to read:
1427. Before making the findings required by Section 1425, the
board shall review do all of the following:
(a) Review available records,
files, and decisions which relate to the availability of water from
the source at the proposed point of diversion to serve the proposed
temporary diversion and use, and which relate to the rights of
downstream users; shall consult users.
(b) Consult with representatives
of the Department of Fish and Game; and shall make
Wildlife.
(c) Make a field investigation,
if necessary or desirable in the opinion of the board.
SEC. 13. Section 1430 of the Water Code is amended to read:
1430. Any A temporary permit issued
under this chapter shall not result in creation of a vested right,
even of a temporary nature, but shall be subject at all times to
modification or revocation in the discretion of the board.
Any The authorization to divert and use water under a
temporary permit shall automatically expire 180 days after the
date of its issuance, unless an earlier date is specified or
it has been the temporary permit is revoked.
The temporary permit may set monitoring, reporting, or
mitigation requirements that apply before or after the authorization
to divert or use water under the temporary permit.
SEC. 14. Section 1437 of the Water Code is amended to read:
1437. Before making the findings required by Section 1435, the
board shall review available records, files, and decisions which
relate to the rights of other legal users of water, consult with
representatives of the Department of Fish and Game,
Wildlife, and make a field investigation if the
investigation is necessary or desirable in the opinion of the board.
SEC. 15. Section 1440 of the Water Code is amended to read:
1440. Any A temporary change order
issued under this chapter shall not result in creation of a vested
right, even of a temporary nature, but shall be subject at all times
to modification or revocation in the discretion of the board.
Any The authorization to divert and use water
under a temporary change order shall automatically expire 180
days after the date of its issuance unless an earlier date is
specified or it has been the temporary change
order is revoked. The temporary change order may set
monitoring, reporting, or mitigation requirements that apply before
or after the authorization to divert or use water under the temporary
change order.
SEC. 16. Section 1701.2 of the Water Code is amended to read:
1701.2. A petition for change in a permit or license shall meet
all of the following requirements:
(a) State the name and address of the petitioner.
(b) Be signed by the petitioner, or the petitioner's agent or
attorney.
(c) Include all information reasonably available to the
petitioner, or that can be obtained from the Department of Fish and
Game, Wildlife, concerning the extent,
if any, to which fish and wildlife would be affected by the change,
and a statement of any measures proposed to be taken for the
protection of fish and wildlife in connection with the change.
(d) Include sufficient information to demonstrate a reasonable
likelihood that the proposed change will not injure any other legal
user of water.
(e) Contain other appropriate information and be in the form
required by applicable regulations.
SEC. 17. Section 1703 of the Water Code is amended to read:
1703. After filing a petition for permission to make a change,
the petitioner, in case the board so requires, shall cause notice
thereof to be given or published in the manner prescribed by the
board. In all cases the petitioner shall notify the Department of
Fish and Game Wildlife in writing of
the proposed change.
SEC. 18. Section 1726 of the Water Code is amended to read:
1726. (a) (1) A permittee or licensee who proposes a temporary
change shall submit to the board a petition to change the terms of
the permit or license as required to accomplish the proposed
temporary change. Any The petition for
a temporary change shall be filed by the permittee or licensee. If
the proposed temporary change is for the benefit of a contractor or
user supplied directly or indirectly by the permittee or licensee,
the permittee or licensee may authorize the contractor or user to
participate as a copetitioner. The permittee or licensee shall
identify any copetitioner in the petition.
(2) A contractor or user described in paragraph (1), whether or
not designated as a copetitioner, and the person to whom the water is
proposed to be transferred, shall be named as parties to the
proceeding, with the same rights to receive notices, respond to board
determinations, and petition for writ of mandate as the petitioner.
(b) A petition shall include both of the following:
(1) Reference to the permit or license that serves as the basis
for the water transfer.
(2) A written description of the changes in water storage, timing,
and point of diversion, place and purpose of use, timing and point
of return flow, and water quality of instream flows that are likely
to occur as a result of the proposed temporary change.
(c) A petitioner shall provide a copy of the petition to the
Department of Fish and Game, Wildlife,
the board of supervisors of the county or counties in which the
petitioner currently stores or uses the water subject to the
petition, and the board of supervisors of the county or counties to
which the water is proposed to be transferred.
(d) Within 10 days of the date of submission of a petition to the
board, the petitioner shall publish in not less than one newspaper of
general circulation, in the county or counties in which the
petitioner currently stores or uses the water subject to the
petition, a notice of the petition and a brief description of the
terms of the proposed temporary change. The board shall, in a timely
manner, provide to the petitioner a list of water right holders of
record on file with the board who may be affected by the transfer,
and the petitioner shall provide written notice to those water right
holders not later than 10 days after the date on which the petition
is submitted. The board shall post the notice of petition on its
Internet web site not later than 10 days after the date on which the
petition is submitted. The notice of the petition shall specify the
date on which comments are due. The board may impose on the
petitioner any other notice requirement it determines to be
necessary.
(e) Within 10 days of the date of receipt of a petition, the board
shall commence an investigation of the proposed temporary change.
Pursuant to that investigation, the board shall determine if the
water proposed to be transferred would have been consumptively used
or stored pursuant to the petitioner's permit or license in the
absence of the proposed transfer or conserved pursuant to Section
1011. The board also shall evaluate the changes in water storage,
timing and point of diversion, place and purpose of use, timing and
point of return flow, water quality, and instream flows, and other
changes that are likely to occur as a result of the proposed
temporary change.
(f) Water users that may be affected by a proposed temporary
change and any other interested party may file a written comment
regarding a petition with the board. Comments shall be filed not
later than 30 days after the date that the notice was published
pursuant to subdivision (d). The board shall evaluate and take into
consideration all comments that are filed in a timely manner.
(g) (1) Except as specified in paragraphs (2) and (3), the board
shall render a decision on the petition not later than 35 days after
the date that investigation commenced or the date that the notice was
published, whichever is later. The board's decision shall be in
accordance with the substantive standards set forth in Section 1727.
The board shall explain its decision in writing and shall send copies
of the decision to the petitioner, the Department of Fish and
Game, Wildlife, the board of
supervisors of the county or counties described in subdivision (c),
the proposed transferee, and any party who has filed a written
comment in accordance with subdivision (f).
(2) If comments are filed in accordance with subdivision (f), or
for any other good cause, the board may extend the date of its
decision for up to 20 days.
(3) If the board or the petitioner determines that an additional
extension of time for a decision is necessary for the board to make
the findings required by Section 1727, or that a hearing is necessary
for the board to make those findings, the board may extend the time
for a decision with the consent of the petitioner. If the petitioner
agrees to a hearing, the board shall identify the issues for which
additional evidence is required and shall fix a time and place for
the hearing. The board shall provide notice of the time, place, and
subject matter of the hearing to the petitioner, the Department of
Fish and Game, Wildlife, the board of
supervisors of the county or counties described in subdivision (c),
the water right holders of record identified pursuant to subdivision
(d), the proposed transferee, and any party who has filed a written
comment in accordance with subdivision (f).
SEC. 19. Section 1727 of the Water Code is amended to read:
1727. (a) The board shall review a petition for a temporary
change of water rights in accordance with this section.
(b) The board shall approve a temporary change if it determines
that a preponderance of the evidence shows both of the following:
(1) The proposed temporary change would not injure any legal
user of the water, during any potential hydrologic condition that the
board determines is likely to occur during the proposed change,
through significant changes in water quantity, water quality, timing
of diversion or use, consumptive use of the water, or reduction in
return flows.
(2) The proposed temporary change would not unreasonably affect
fish, wildlife, or other instream beneficial uses.
(c) The petitioner shall have the burden of establishing that a
proposed temporary change would comply with paragraphs (1) and (2) of
subdivision (b). If the board determines that that petitioner has
established a prima facie case, the burden of proof shall shift to
any party that has filed a comment pursuant to subdivision (f) of
Section 1726 to prove that the proposed temporary change would not
comply with paragraphs (1) and (2) of subdivision (b). The board may
make a determination required by this subdivision without a hearing.
(d) In reviewing a petition for a temporary change, the board
shall not modify any term or condition of the petitioner's permit or
license, including those terms that protect other legal users of
water, fish, wildlife, and other instream beneficial uses, except as
necessary to carry out the temporary change in accordance with this
article.
(e) In applying the standards set forth in paragraphs (1) and (2)
of subdivision (b), the board shall not deny, or place conditions on,
a temporary change to avoid or mitigate impacts that are not caused
by the temporary change. Neither the Department of Fish and
Game, Wildlife, nor any other state agency that
comments on the proposed temporary change, shall propose conditions
to mitigate effects on fish, wildlife, or other instream beneficial
uses that are not caused by factors other than
the proposed temporary change. This subdivision does not
limit the board, the Department of Fish and Game,
Wildlife, or any other state agency, in proceedings
pursuant to any provision of law other than this article.
SEC. 20. Section 1736 of the Water Code is amended to read:
1736. The board, after providing notice and opportunity for a
hearing, including, but not limited to, written notice to, and an
opportunity for review and recommendation by, the Department of Fish
and Game, Wildlife, may approve such a
petition for a long-term transfer where the change would not result
in substantial injury to any legal user of water and would not
unreasonably affect fish, wildlife, or other instream beneficial
uses.
SEC. 21. Section 2863 of the Water Code is amended to read:
2863. All or any part of the money in the Water Resources Control
Board Revolving Fund may be drawn from the State Treasury
upon the approval of the Department of Finance without the submission
of receipts, vouchers, or itemized statements,
Treasury, upon appropriation by the Legislature, and used by
the board in paying costs of making determinations of water rights as
provided in this part.
SEC. 22. Section 2866 of the Water Code is repealed.
2866. The Department of Finance shall, from time to time, review
the status of the Water Resources Control Board Revolving Fund to
determine whether there are excess amounts of money therein not
needed to carry out the provisions of this chapter. If the Department
of Finance determines there are such excess amounts of money in the
fund, it shall notify the State Controller and the State Controller
shall transfer such excess amounts of money to the General Fund.