AB 1146: Water infrastructure: dams and reservoirs: water release: false pretenses.
The bill would prohibit the release of stored water from a reservoir owned and operated by the United States in California if done under false pretenses. False pretenses are defined as a release of water from a reservoir under any false or fraudulent representation as to the purpose and intended use of the water. The state water resources control board or the attorney general can bring an action for injunctive relief for a violation of this prohibition. This bill expands the scope of a crime and imposes a state-mandated local program. The state is not required to reimburse local agencies or school districts for costs related to this bill.
| Aug. 29, 2025 | In committee: Held under submission. |
| Aug. 18, 2025 | In committee: Referred to suspense file. |
| Jul. 16, 2025 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 1.) (July 15). Re-referred to Com. on APPR. |
| Jul. 09, 2025 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (July 8). Re-referred to Com. on JUD. |
| Jun. 23, 2025 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W. |
| Amended IN Senate June 23, 2025 |
| Amended IN Assembly May 01, 2025 |
| Amended IN Assembly March 17, 2025 |
| Introduced by Assembly Member Papan |
February 20, 2025 |
LEGISLATIVE COUNSEL'S DIGEST
The people of the State of California do enact as follows:
SECTION 1.
Section 6033 is added to the Water Code, immediately following Section 6032, to read:6033.
(a) The release of stored water from a reservoir owned and operated by the United States in this state is prohibited if the release is done under false pretenses.(a)(1)The board may issue an interim relief order to a reservoir operator to prohibit the release of stored water that may be in violation of Section 6033.
(2)The board may commence an interim relief proceeding on its own motion.
(b)Except as provided in subdivision (c), the board shall provide notice at least 10 days before the date of the hearing.
(c)The board may issue an interim order before the opportunity for a hearing as long as the order includes a finding by the board that immediate compliance with the order is necessary because the release of water is in violation of subdivision (a) of Section 6033 or will prevent imminent or irreparable injury to any of the following:
(1)Public health, safety, or welfare.
(2)Other legal users of water.
(3)Instream beneficial uses of water.
(d)If the board issues an interim relief order before the opportunity for a hearing, it shall, at the request of the party to whom the order is issued, hold a hearing within 15 days of the date the board receives a request for a hearing, unless the party to whom the interim relief order is issued agrees to an extension of that period.
(e)An interim relief order issued by the board shall remain in effect for a period not to exceed 30 days unless the party to whom the interim relief order is issued agrees to an extension of that period. This subdivision is not a limitation on the authority of the board to issue any additional interim relief in response to changed circumstances.
(a)Every person who violates any of the provisions of this part or of any approval, order, rule, regulation, or requirement of the department is guilty of a misdemeanor and punishable by a fine of not more than two thousand dollars ($2,000) or by imprisonment in the county jail not exceeding six months, or both. In the event of a continuing violation each day that the violation continues constitutes a separate and distinct offense. This subdivision shall not apply to a violation of Section 6033 or any order issued by the board pursuant to Section 6034.
(b)(1)Every person who violates Section 6033 or any order issued by the board pursuant to Section 6034 may be held civilly liable in an amount not to exceed ten thousand dollars ($10,000) for each day in which the violation occurs.
(2)The penalties established under this section apply to the United States to the extent authorized under federal law, including the McCarran Amendment of 1952 (codified at 43 U.S.C. Sec. 666).
(3)If the United States declines to pay a penalty, or the board determines that the United States is likely to decline to pay a fee or expense, the board may do any of the following:
(A)Initiate appropriate action to collect the fee or expense, including any appropriate enforcement action for failure to pay the fee or expense, if the board determines that the federal law authorizes the collection of the fee or expense.
(B)Allocate the right to collect the fee or expense, or an appropriate portion of the fee or expense, to persons or entities who have contracts for the delivery of water from the person or entity on whom the fee or expense was initially imposed. The allocation of the fee or expense to a contractor does not affect ownership of a permit, license, or other water right, and does not vest an equitable title in the contractor.
(C)Enter into a contractual arrangement that requires the United States to reimburse the board, in whole or in part, for the services furnished by the board, either directly or indirectly, in connection with the activity for which the fee or expense is imposed.
(D)Refuse to process any application, registration, petition, request, or proof of claim for which the fee or expense is not paid, if the board determines that refusal would not be inconsistent with federal law or the public interest.
SEC. 2.
Section 6034 is added to the Water Code, to read:6034.
An action for the issuance of injunctive relief as may be warranted by way of temporary restraining order, preliminary injunction, or permanent injunction, may be brought by the board, the Attorney General on behalf of the board, or in the Attorney General’s independent capacity in the name of the people of the State of California, where a release of stored water is threatened, is occurring, or has occurred in violation of Section 6033.SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.