Water rights: stockponds.
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AB 448 — Water rights: stockponds.
Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that the waste or unreasonable use or unreasonable method of use of water be prevented. 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 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. Existing law generally provides that the owner of a dam or other water impoundment structure constructed before January 1, 1969, with a capacity not in excess of 10 acre-feet on January 1, 1975, has a valid water right for the use of the water for specified purposes relating to livestock watering use, if that person files a claim for a water right accompanied by a fee with the board not later than December 31, 1997. Existing law requires the board to issue a certificate of the validity of the water right to a claimant who establishes a water right under these provisions. This bill would provide that the owner of a stockpond built prior to January 1, 2019, that does not have a capacity greater than 10 acre-feet may obtain a right to appropriate water for the principal purpose of watering livestock if that person files a claim for a water right with the board accompanied by a fee not later than December 31, 2021, with certain exceptions. Upon the issuance of a certificate by the board for an appropriation of water obtained under the bill's provisions, the bill would require the board to provide in writing conditions to which the appropriation is subject. The bill would require the board to establish reasonable general conditions to which all appropriations of water made under the bill's provisions are to be subject and would authorize the board to revise the conditions from time to time. Existing law authorizes the board to adopt regulations requiring measurement and reporting of water diversion and use by persons including, among others, those authorized to appropriate water under a permit, a license, a registration for small domestic, small irrigation, or livestock stockpond use, or a certification for livestock stockpond use. This bill would require the board to assume for purposes of those measurement and reporting regulations that the capacity of a stockpond declared with a specified type of established water rights claim is the total amount of water diverted annually.
Bill Text
- Amended 04/03/19 - Amended Assembly Current pdf April 03, 2019
- Introduced 02/11/19 - Introduced pdf February 11, 2019
- AB448 View text html
Action History
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From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
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In committee: Held under submission.
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In committee: Set, first hearing. Referred to APPR. suspense file.
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Re-referred to Com. on APPR.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (March 26). Re-referred to Com. on APPR.
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Referred to Com. on W., P., & W.
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From printer. May be heard in committee March 14.
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Read first time. To print.
Sponsors
- Bigelow · Cosponsor
- Eggman · Cosponsor
- James Gallagher · Cosponsor
- Robert Garcia · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 3 co-sponsors · 118 not signed on
Sponsors (1)
- Garcia, Robert Democratic
Co-sponsors (3)
- Bigelow
- Eggman
- Gallagher, James Republican
Not signed on (118)
118 members have not signed on to this bill.
Show all 118 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 0 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 14 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| Gloria | — | Yea |
| Friedman | — | Yea |
| Salas | — | Yea |
| Wood | — | Yea |
| Bigelow | — | Yea |
| Levine | — | Yea |
| Chu | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Kalra, Ash | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Choi, Steven S. | Republican | Yea |
| Dahle, Megan | Republican | Yea |
| Gallagher, James | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 448 do?
- The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that the waste or unreasonable use or unreasonable method of use of water be prevented. 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 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. Existing law generally provides that the owner of a dam or other water impoundment structure constructed before January 1, 1969, with a capacity not in excess of 10 acre-feet on January 1, 1975, has a valid water right for the use of the water for specified purposes relating to livestock watering use, if that person files a claim for a water right accompanied by a fee with the board not later than December 31, 1997. Existing law requires the board to issue a certificate of the validity of the water right to a claimant who establishes a water right under these provisions. This bill would provide that the owner of a stockpond built prior to January 1, 2019, that does not have a capacity greater than 10 acre-feet may obtain a right to appropriate water for the principal purpose of watering livestock if that person files a claim for a water right with the board accompanied by a fee not later than December 31, 2021, with certain exceptions. Upon the issuance of a certificate by the board for an appropriation of water obtained under the bill's provisions, the bill would require the board to provide in writing conditions to which the appropriation is subject. The bill would require the board to establish reasonable general conditions to which all appropriations of water made under the bill's provisions are to be subject and would authorize the board to revise the conditions from time to time. Existing law authorizes the board to adopt regulations requiring measurement and reporting of water diversion and use by persons including, among others, those authorized to appropriate water under a permit, a license, a registration for small domestic, small irrigation, or livestock stockpond use, or a certification for livestock stockpond use. This bill would require the board to assume for purposes of those measurement and reporting regulations that the capacity of a stockpond declared with a specified type of established water rights claim is the total amount of water diverted annually.
- Who sponsors AB 448?
- AB 448 is sponsored by Bigelow, Eggman, Gallagher, James (Republican), and Garcia, Robert (Democratic).
- What is the current status of AB 448?
- This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 448?
- Track AB 448 free on One Click Politics — get push/email alerts when it moves.
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