California AB 2260

(1) 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. This bill would extend the above-described ability to obtain a right to appropriate water to a small restoration use, as provided. The bill would define several terms for these purposes, including defining a small restoration use as a specified use of water for native fish and wildlife preservation and enhancement in connection with a project to restore, enhance, or provide habitat for native fish and wildlife, as provided. The bill would require the board to give priority to processing small restoration use registrations that are coupled with a petition for mandatory dedication to instream beneficial uses or wetlands habitat, as specified. The bill would require a person or entity who files a registration of appropriation for a small restoration use to pay a fee according to a fee schedule established by the board. (2) Existing law requires renewal of registration of a small domestic, small irrigation, or livestock stockpond use pursuant to a specified process prior to the expiration of each 5-year period following completed registration. Existing law provides for the reversion of water rights to which a person is entitled when the person fails to beneficially use the water for a period of 5 years. Existing law requires the board to establish general conditions to which all appropriations of water for small domestic, small irrigation, or livestock stockpond use are subject, including, among others, that the appropriation is subject to prior rights and that all conditions lawfully required by the Department of Fish and Wildlife are conditions upon the appropriation. Existing law authorizes the board to establish those general conditions for some methods of diversion or categories of small irrigation use before others, as specified. This bill would apply these renewal, reversion, and condition-setting provisions to a small restoration use and make other conforming changes. The bill would exempt the adoption and revision of those general conditions for small restoration use from certain economic impact assessment requirements of the rulemaking provisions of the Administrative Procedure Act.