Assembly BillPassed first houseWater
AB 2026: Water diversion: groundwater recharge: permit.
What AB 2026 does, verified August 15, 2026
<p>The bill amends existing laws regarding groundwater recharge and water diversion in California. It revises conditions for exempting diversions of floodflows for groundwater recharge from appropriative water rights requirements, extending these exemptions to January 1, 2034, and also exempts such diversions from the California Environmental Quality Act (CEQA) and lake or streambed alteration agreements under certain conditions.</p> <p>The bill expands definitions related to "floodflow" to include flows downstream of dams releasing water for flood control. It also provides that applications for permits to divert water within or upstream of the Sacramento-San Joaquin Delta to underground storage satisfy specific requirements without further findings by the State Water Resources Control Board.</p> <p>Additionally, it modifies definitions and procedures related to minor applications for w…
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Last action: In committee: Held under submission. (2026-08-13)Alert me
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Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions29 total · showing 5
| Aug. 13, 2026 | In committee: Held under submission. |
| Aug. 03, 2026 | In committee: Referred to APPR. suspense file. |
| Jul. 02, 2026 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul. 02, 2026 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 1). |
| Jun. 24, 2026 | From committee: Do pass and re-refer to Com. on E.Q. (Ayes 5. Noes 0.) (June 23). Re-referred to Com. on E.Q. |
Latest bill textAmended version, July 2, 2026 · 6,247 words
| Amended IN Senate July 02, 2026 |
| Amended IN Assembly May 22, 2026 |
| Amended IN Assembly April 22, 2026 |
| Amended IN Assembly April 16, 2026 |
| Amended IN Assembly April 07, 2026 |
| Amended IN Assembly March 19, 2026 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 2026
| Introduced by Assembly Member Aguiar-Curry |
February 17, 2026 |
An act to amend Sections 1242.1, 1345, 1347, 1348, 1425, 1433, 1433.1, and 1433.2 1242.1, 1242.2, and 1347 of, to amend the heading of Article 2 (commencing with Section 1433) of Chapter 6.5 of Part 2 of Division 2 of, to amend and renumber the heading of Article 1 (commencing with Section 1425) of Chapter 6.5 of Part 2 of Division 2 of, to add Sections 1267 and 1431.1 to, and to amend, repeal, and add Sections 1345, 1348, 1425, 1433, 1433.1, and 1433.2 of, to add Sections 1431.1, 1431.2, and 1433.7 to, to add Article 1 (commencing with Section 1420) to Chapter 6.5 of Part 2 of Division 2 of, and to add and repeal Section 1267 of, the Water Code, relating to groundwater.
LEGISLATIVE COUNSEL'S DIGEST
AB 2026, as amended, Aguiar-Curry. Water diversion: groundwater recharge: permit.
(1) Existing law declares that all water within the state is the property of the people of the state, but the right to the use of the water may be acquired by appropriation in the manner provided by law. Existing law requires the appropriation to be for some useful or beneficial purpose. Existing law provides, however, that the diversion of floodflows for groundwater recharge does not require an appropriative water right if certain conditions are met, including that a local or regional agency that has adopted a local plan of flood control or has considered flood risks as part of its most recently adopted general plan has given notice, as provided, of imminent risk of flooding and inundation of lands, roads, or structures. Existing law defines “floodflow” for these purposes to include circumstances in which flows would inundate ordinarily dry areas in the bed of a terminal lake to a depth that floods dairies and other ongoing agricultural activities, or areas with substantial residential, commercial, or industrial development. Existing law applies those requirements to diversions commenced before January 1, 2029.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing or disposing of certain material where it may pass into any river, stream, or lake, without first notifying the Department of Fish and Wildlife of that activity, and entering into a lake or streambed alteration agreement if required by the department to protect fish and wildlife resources, except as specified.
This bill would revise and recast those conditions required for the appropriative water right exemption for a diversion of floodflows for groundwater recharge, would apply the requirements to a diversion commenced before January 1, 2034, and would further exempt those diversions from the requirements of CEQA and requirements relating to lake or streambed alteration agreements, subject to conducting tribal consultation, as provided. The bill would expand the definition of “floodflow” to include flows downstream of a dam that is releasing water for flood control purposes, as provided.
(2) Existing law requires the Department of Water Resources to operate the State Water Resources Development System, known as the State Water Project, to supply water to persons and entities in the state. Existing law designates as the Central Valley Project a system of works for the conservation, development, storage, distribution, and utilization of water, with incidental generation, transmission, and distribution of electric power.
This bill would provide that the inclusion of certain proposed terms in an application to divert water within or upstream of the Sacramento-San Joaquin Delta to underground storage pursuant to certain permits, and its adoption in the applicable permit, would satisfy the State Water Resources Control Board’s finding that water may be diverted and used without injury to the legal users of water from the Central Valley Project or the State Water Project, including the United States Bureau of Reclamation, the Department of Water Resources, or any contractors to the project. The bill would repeal these provisions on January 1, 2037.
(3) Existing law requires the State Water Resources Control Board to consider and act upon all applications for permits to appropriate water, and requires the Division of Water Rights to conduct a field investigation of all minor protested applications, except under a specified circumstance. Existing law defines a “minor application” to include an application by a groundwater sustainability agency or local agency for a diversion previously authorized by a conditional temporary permit for diversion of surface water to underground storage, as specified, without complying with other procedures or provisions previously authorized by a temporary permit.
Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans, except as specified. Existing law requires a groundwater sustainability plan to be developed and implemented to meet the sustainability goal, established as prescribed.
This bill would expand that definition of minor application to include an application by a private entity under a memorandum of understanding or other agreement with a groundwater sustainability agency for specific diversions. The bill would create an additional exception from the requirement to conduct a field investigation if the application involves a diversion substantially similar to a diversion previously authorized by temporary permits for at least 5 years, involves no greater amount of diversion and no other points of diversion than authorized in the last preceding temporary permits, and includes specified information based on the applicant’s experience under prior temporary permits, including specified documentation and proposed terms. The bill would also require the board to give public notice of the minor application within 30 days of the application’s filing, to allow 45 days from the date of the notice for the filing of comments, as provided, and to issue a decision within 180 days of the deadline for submitting comments on the application, as provided. The bill would require the board to approve the application if it determines by a preponderance of the evidence that the proposed diversion would not injure a legal user of water, as specified, and would not unreasonably affect fish, wildlife, or other instream beneficial uses. The bill would exempt the permit issued by the board pursuant to these provisions from CEQA CEQA, except as specified, and requirements relating to lake or streambed alteration agreements, subject to specified conditions. The bill would make inoperative or repeal these provisions on January 1, 2037. The bill would require the board to, on or before January 1, 2035, compile information on the permits issued and diversions conducted pursuant to these provisions, and post the information on its internet website.
Existing law authorizes any person who has an urgent need to divert and use water to apply for, and authorizes the board to issue, a conditional, temporary permit, as prescribed. Existing law defines “urgent need” for these purposes.
This bill would expand the definition of “urgent need” to include, in a basin for which the Sustainable Groundwater Management Act requires a groundwater sustainability plan, the application of a local agency, groundwater sustainability agency, or private entity operating under a memorandum of understanding or other agreement with a groundwater sustainability agency, to divert and use water determined to be available using specified criteria, as provided, to augment the basin’s recharge in order to support implementation of the sustainability goal in that basin. The bill would exempt the board’s issuance of a temporary permit from CEQA and requirements relating to lake or streambed alteration agreements, subject to specified conditions. The bill would repeal these provisions on January 1, 2037. The bill would require the board to, on or before January 1, 2035, compile information on the permits issued and diversions conducted pursuant to a temporary permit and post the information on its internet website.
(4) Existing law requires the state water board to appoint a deputy director for the Division of Water Rights.
This bill would would, for applications submitted before January 1, 2037, authorize a certain temporary permit to authorize the diversion to be initiated more than 180 days after date of issuance, except that authorization to divert would automatically expire 5 years after diversions commence, as provided. The bill would authorize the Chief Deputy Director of Water Rights to limit diversion under those temporary permits in favor of competing temporary permits based on, among other things, consideration of public interest, as provided.
(5) Existing law requires each person or entity who holds a permit or license to appropriate water, and each lessor of water, as provided, to pay an annual fee according to a fee schedule established by the board, as specified.
This bill would require the board, in setting fees for minor applications and for temporary urgency permits, to set those fees at a level that encourages those applications. The bill would prohibit the board from requiring a separate application or fee for consumptive and nonconsumptive uses of diverted water. The bill would make inoperative or repeal these provisions on January 1, 2037.
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) Climate change is increasing water scarcity in California.
(b) The state must prepare for more frequent and severe droughts.
(c) The state must invest in infrastructure and have processes in place to manage floods.
(d) California’s underground aquifers contain a vast amount of natural water storage capacity.
(e) Underground water storage is a faster, more cost-effective, and environmentally sustainable water storage alternative to new surface water reservoirs.
(f) Diversions to groundwater recharge can also help with flood control.
(g) Since at least 2014, with the passage of the Sustainable Groundwater Management Act, it has been the intent of the Legislature to increase groundwater storage and remove impediments to groundwater recharge.
(h) After 2014, the Legislature passed three measures to help facilitate groundwater recharge. The measures authorize the State Water Resources Control Board to issue temporary permits to divert surface water for the purpose of underground storage, authorize the diversion of floodflows for groundwater recharge without an appropriative water right if certain conditions are met, and require the California Water Plan to prioritize actions to increase groundwater recharge throughout California.
(i) Despite the legislative actions described in subdivision (h), and despite wet hydrology throughout California in the intervening years, groundwater recharge is not occurring on the pace and scale required to meaningfully improve water supply reliability and provide reliable mechanisms for flood control.
(j) Additional changes in law are required to improve the process for permitted groundwater recharge and to expand the ability for unpermitted diversion of floodflows, while protecting existing water rights and the environmental needs of California’s fish and wildlife.
SEC. 2.
Section 1242.1 of the Water Code is amended to read:1242.1.
The diversion of floodflows for groundwater recharge shall not require an appropriative water right if all of the following conditions are met:(a) (1) A local or regional agency responsible for flood management has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that floodflows exist and, additionally, that floodflows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
(2) As used in this section, “floodflow” means any of the following:
(A) Where a water body is subject to a defined flood stage, flows in excess of flood stage where actions are necessary to avoid threats to human health and safety.
(B) (i) Except as provided in clause (ii), where a water body is not subject to a defined flood stage, surface water escaped from or is likely to imminently escape from a channel or water body causing or threatening to cause inundation of residential or commercial structures, or roads needed for emergency response. Likely imminent escape from a channel or water body shall be demonstrated by measured flows in excess of the maximum design capacity of a flood control project, where such a project is present and the maximum design capacity is readily available information.
(ii) This subparagraph does not apply to flows that inundate wetlands, working lands, or floodplains, events that constitute a “design flood,” groundwater seepage, or waters confined to a “designated floodway.”
(C) Where flows would inundate ordinarily dry areas in the bed of a terminal lake to a depth that floods dairies and other ongoing agricultural activities, or areas with substantial residential, commercial, or industrial development.
(D) Flows occurring downstream of a dam that is releasing water for flood control purposes as required by a United States Army Corps of Engineers flood control rule or curve, a court judgment, or other binding rule, if those releases exceed the claims of all known legal users and may be diverted without injury to any lawful user of water water, are not being released for environmental protection purposes, and are diverted using existing points of diversion. This subparagraph does not apply to flows that do not present an imminent threat of flooding and inundation of lands, roads, or structures.
(3) As used in this subdivision, “imminent” means a high degree of confidence that flooding and inundation will occur within 72 hours if flood management actions are not implemented.
(4) As used in this section, “excess water conditions” are determined pursuant to the Agreement Between the United States of America and the State of California for Coordinated Operation of the Central Valley Project and the State Water Project, as amended.
(b) The diversions cease when the flood conditions described in the public notice provided pursuant to paragraph (1) of subdivision (a) have abated to the point there is no longer a risk of flooding and inundation of land, roads, or structures downstream of the point of diversion.
(c) Any water diverted is not diverted to, and will not be applied to, any of the following:
(1) Any barns, ponds, or lands where manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied.
(2) Any agricultural field that has been identified as an outlier with respect to nitrogen application by any of the following:
(A) The board.
(B) The appropriate regional board.
(C) An agricultural coalition charged with implementation of the Irrigated Lands Regulatory Program.
(3) Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems, drinking water wells or drinking water supplies, or exacerbate the threat of flood and other health and safety concerns.
(4) Any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This limitation does not apply to facilities already constructed for the purpose of groundwater recharge or managed wetlands.
(d) (1) With respect to diversions from water tributaries to the Sacramento-San Joaquin Delta (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species requirements in the Delta at the time of the diversion.
(2) For a diversion from the San Joaquin River or its tributaries upstream of Vernalis, water may be diverted only when the Delta is in excess water conditions and the Delta is without restrictions.
(3) With respect to all other diversions from the Delta or its tributaries, water may be diverted only when the Delta is in excess water conditions and either of the following applies:
(A) The Delta is without restrictions.
(B) The Delta is with restrictions, but Delta operations are only controlled by Old and Middle River flow or San Joaquin River inflow-to-export ratio.
(4) For diversions pursuant to paragraphs (1), (2), and (3), the diverter shall monitor conditions daily using the Delta Operations Summary report published on the internet website of the department daily, or a successor to that internet website adopted by the department, to determine the Delta’s condition and whether diversions are authorized pursuant to the permit.
(5) For purposes of paragraph (3), the term “controlled by Old and Middle River flow” means conditions when the Central Valley Project and the State Water Project are implementing one or more regulatory requirements by managing flows in Old and Middle River, whatever the source or content of those requirements is.
(e) The diversion of floodflows for groundwater recharge uses the following as part of the diversion:
(1) Either existing diversion infrastructure or temporary pumps.
(2) Existing groundwater recharge locations, where available.
(3) No new permanent infrastructure or permanent construction.
(4) For diversions directly from rivers or streams, protective screens on temporary pump intakes to minimize the impacts of diversion to fish and other aquatic life. Such screens shall be constructed of any rigid material, perforated, woven, or slotted, that provides water passage while physically excluding fish. The screen face shall be parallel to the flow and adjacent to the water’s edge. The upstream and downstream transitions to the screen structure shall be designed and constructed to minimize eddies upstream of, in front of, and downstream of the screen, while minimizing entrainment to the degree feasible. Before implementing this paragraph, the Department of Fish and Wildlife shall conduct at least one public workshop to review recommended design parameters and ranges of scenarios for deployment and use of protective screens. These recommendations and any other guidelines provided by the Department of Fish and Wildlife on the implementation of this paragraph shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(f) (1) Diversion for groundwater recharge pursuant to this section shall not create a vested water right to divert, even of a temporary nature. This limitation is on the authorization to divert and not a limitation on the authorization for beneficial use of the water diverted to underground storage.
(2) In a groundwater basin being managed pursuant to a groundwater sustainability plan that the department has determined is likely to achieve the sustainability goal for the basin pursuant to Chapter 10 (commencing with Section 10733) of Part 2.74 of Division 6, including a determination pursuant to Section 10733, the groundwater sustainability agency may grant a person or entity making the diversion an allocation credit. The allocation credit granted by the groundwater sustainability agency shall not exceed the amounts of water reported in the filings required pursuant to subdivision (g).
(g) (1) The person or entity making the diversion for groundwater recharge files all of the following with the board and with any applicable groundwater sustainability agency, as defined in Section 10721, for the basin:
(A) A notice that provides the information specified in subparagraphs (A) through (C), inclusive, of paragraph (2), 48 hours before whenever feasible, and in no event later than 48 hours after initially commencing diversion of floodflows for groundwater recharge.
(B) A preliminary report no later than 14 days after initially commencing diversion of floodflows for groundwater recharge.
(C) A final report no later than 15 days after diversions cease.
(2) The preliminary and final reports shall do all of the following:
(A) Identify the person or entity making the diversion for groundwater recharge.
(B) Provide the Global Positioning System (GPS) coordinates for the point of diversion, a map identifying the approximate area inundated by the floodflows, and the corresponding assessor parcel numbers.
(C) Identify the time when diversions of floodflows to groundwater recharge commenced, and, for final reports, when diversions ceased.
(D) Provide an estimate, as of the report’s date, of the amount of floodflows diverted for groundwater recharge.
(h) (1) The diversion of floodflow for groundwater recharge pursuant to this section shall be exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code and Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code, if the diversion does not otherwise require a discretionary permit and is carried out consistent with all requirements of this section, including no permanent construction. Notwithstanding any other law, and regardless of whether an action described in this subdivision is exempt from environmental review under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) or any other law, a lead agency shall provide notice to and consult with California Native American tribes in accordance with Sections 21074, 21080.3.1, 21080.3.2, 21082.3, 21084.2, and 21084.3 of the Public Resources Code before approving or carrying out an action described in this subdivision, and a decisionmaking authority may impose conditions of approval as part of the action to avoid or mitigate potential impacts to tribal cultural resources.
(2) The person or entity making the diversion shall contact the Department of Fish and Wildlife to determine whether the Department of Fish and Wildlife has recommendations for appropriate species protection and shall consider implementing those recommendations to the extent possible during the diversion of floodflow. The Department of Fish and Wildlife’s recommendations, if any, shall be consistent with what is practicable during floodflow conditions.
(i) This section shall apply only to diversions commenced before January 1, 2034.
SEC. 3.
Section 1242.2 of the Water Code is amended to read:1242.2.
(a) The board shall post on its internet website all reports received pursuant to Section 1242.1.(b) On an annual basis, until January 1, 2029, 2034, the board shall compile information on the reports it receives pursuant to subdivision (g) of Section 1242.1 to identify the number of projects, estimated amount of water diverted and recharged, and locations of recharge projects implemented under this section and post this information on its internet website. The board may include recommendations to increase the amount of water diverted for recharge while protecting groundwater quality, public safety, and fish and wildlife resources in this annual report.
SEC. 3.SEC. 4.
1267.
(a) (1) For applications to divert water within or upstream of the Delta to underground storage pursuant to a minor application, as defined in Section 1348, a temporary urgency permit pursuant to Article 1.5 (commencing with Section 1425) of Chapter 6.5 of this part, or a temporary permit for diversion to underground storage pursuant to Article 2 (commencing with Section 1433) of Chapter 6.5, the inclusion of the language from paragraphs (2) and (3) in the application as proposed permit terms, and its adoption in the applicable permit, shall satisfy the state board’s finding that water may be diverted and used without injury to the legal users of water from the Central Valley Project or the State Water Project, including the United States Bureau of Reclamation, the department, or any contractors to the projects.(2) For a diversion from the San Joaquin River or its tributaries upstream of Vernalis, water may be diverted only when the Delta is in excess water conditions and the Delta is without restrictions.
(3) With respect to all other diversions from the Delta or its tributaries, water may be diverted only when the Delta is in excess water conditions and either of the following applies:
(A) The Delta is without restrictions.
(B) The Delta is with restrictions, but Delta operations are controlled only by Old and Middle River flow or San Joaquin River inflow-to-export ratio.
(4) The permittee shall monitor conditions daily using the Delta Operations Summary report published on the internet website of the department daily, or a successor to that internet website adopted by the department, to determine the Delta’s condition and whether diversions are authorized pursuant to the permit.
(b) Notwithstanding subdivision (a), water may be diverted pursuant to the applicable permit if, in addition to compliance with other permit terms not related to Delta conditions, the permittee has an agreement with the department and, as necessary, the United States Bureau of Reclamation to ensure that the permittee’s diversions upstream of the Delta do not injure the department or the United States Bureau of Reclamation as a legal user of water by adversely impacting the operations of the State Water Project or the Central Valley Project.
(c) Notwithstanding subdivision (a), a de minimis effect on the operations of the State Water Project or the Central Valley Project shall not be an injury to the department or the Bureau of Reclamation as a legal user of water.
(d) For purposes of this section, the following definitions apply:
(1) “Controlled by Old and Middle River flow” means conditions when the Central Valley Project and the State Water Project are implementing one or more regulatory requirements by managing flows in Old and Middle River, whatever the source or content of those requirements is.
(2) “De minimis effect” means a cumulative reduction of less than 10 acre-feet in a single water year.
(3) “Delta” means the area defined in Section 12220.
(4) “Delta is with restrictions” means conditions when the Central Valley Project and State Water Project operations in the Delta are constrained by any nondiscretionary requirement, including any requirement for the protection of water quality and endangered species.
(5) “Delta is without restrictions” means conditions when Central Valley Project and State Water Project operations in the Delta are not constrained by any nondiscretionary requirements, including any requirements for the protection of water quality and endangered species.
(6) “Delta operations” means the operations by which the Central Valley Project and the State Water Project divert water from the Delta.
(7) “Excess water conditions” means conditions as determined pursuant to the Agreement Between the United States of America and the State of California for Coordinated Operation of the Central Valley Project and the State Water Project, as amended.
(8) “Water year” means the period beginning on October 1 of one calendar year and continuing to September 30 of the following calendar year.
(e) This section shall remain in effect only until January 1, 2037, and as of that date is repealed.
SEC. 4.SEC. 5.
1345.
(a) Except as provided in subdivision (b), the Division of Water Rights shall conduct a field investigation of all minor protested applications. The board shall notify the parties of the field investigation not less than 20 days before conducting the field investigation, to enable the parties to attend and present information to the board.(b) The Division of Water Rights is not required to conduct a field investigation for an application defined as a minor application pursuant to subdivision (b) paragraph (2) of subdivision (a) of Section 1348 if either of the following conditions is met:
(1) The Division of Water Rights determines, in its discretion, that a field investigation will not substantially expedite consideration of the application and a hearing should be conducted pursuant to Section 183. If the Division of Water Rights makes that determination, Sections 1346 and 1347 do not apply to the application.
(2) The application involves a diversion pursuant to subparagraph (A) of paragraph (1) (2) of subdivision (b) (a) of Section 1348 and includes information on the applicant’s experience pursuant to past temporary permits, including all of the following:
(A) Consistent with the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6), documentation of the consistency of the proposed diversion and recharge with the groundwater sustainability plan that applies to the area where the water was recharged.
(B) Documentation showing the applicant took both of the following actions:
(i) The applicant consulted with the Department of Fish and Wildlife concerning the diversion’s effects, if any, on fish, wildlife, and other instream beneficial uses.
(ii) The applicant provided the Department of Fish and Wildlife a copy of the application.
(C) Proposed terms that address potential effects on fish, wildlife, or other instream beneficial uses identified through the applicant’s consultation with the Department of Fish and Wildlife pursuant to subparagraph (B).
(c) This section shall remain in effect only until January 1, 2037, and as of that date is repealed.
SEC. 6.
Section 1345 is added to the Water Code, to read:1345.
(a) Except as provided in subdivision (b), the Division of Water Rights shall conduct a field investigation of all minor protested applications. The board shall notify the parties of the field investigation not less than 20 days before conducting the field investigation, to enable the parties to attend and present information to the board.(b) The Division of Water Rights is not required to conduct a field investigation for an application defined as a minor application pursuant to subdivision (b) of Section 1348 if the Division of Water Rights determines, in its discretion, that a field investigation will not substantially expedite consideration of the application and a hearing should be conducted pursuant to Section 183. If the Division of Water Rights makes that determination, Sections 1346 and 1347 do not apply to the application.
(c) This section shall become operative on January 1, 2037.
SEC. 5.SEC. 7.
1347.
(a) Subject to subdivision (b) and based upon the field investigation and any other information obtained pursuant to this article, the Division of Water Rights shall issue a decision unless the board in its discretion determines that additional proceedings should be conducted pursuant to Section 183. A decision of the Division of Water Rights is subject to review as provided in Chapter 4 (commencing with Section 1120) of Part 1.(b) For a minor application pursuant to subdivision (b) paragraph (2) of subdivision (a) of Section 1348, the board shall consider that application as follows:
(1) Notwithstanding any other law, the board shall give public notice of the application within 30 days of the filing of the application and allow 45 days from the date of the notice for the filing of comments on the application. The board may extend that time by up to 30 days if the board makes a written finding of good cause based on unique circumstances associated with the individual application.
(2) Notwithstanding any other law, the board shall issue a decision on the application within 180 days of the deadline for submitting comments on the application. The board may delegate its authority to issue a decision on the application to the Division of Water Rights, subject to the board’s reconsideration of the division’s decision pursuant to Article 2 (commencing with Section 1122) of Chapter 4 of Part 1. Notwithstanding any other law, the board’s reconsideration proceeding shall conclude within 90 days of the filing of a petition for reconsideration and that period shall not be extended without the applicant’s consent.
(3) The board shall approve the application if the board determines that a preponderance of the evidence shows both of the following:
(A) The proposed diversion would not injure any legal user of water through significant changes in water quantity, water quality, timing of diversion or use, consumptive use of the water, or reduction in return flows.
(B) The proposed diversion would not unreasonably affect fish, wildlife, or other instream beneficial uses. To support the board in making this finding, the applicant shall consult with the Department of Fish and Wildlife.
(4) If the board determines that the preponderance of the evidence does not support the findings required by paragraph (3) based on the applicant’s proposed terms, the board shall, to the maximum extent possible based on the record, approve the application based on terms that the board determines will cause the applicant’s diversion to satisfy the provisions of paragraph (3). If the board nonetheless determines that the preponderance of the evidence cannot support making the findings required by paragraph (3), the board may deny the application. The board shall not condition any permit on any terms involving another permit, license, or water right held by the applicant or to avoid or mitigate impacts that are not caused by the diversion proposed by the application.
(5) The board shall not require separate applications for consumptive and nonconsumptive uses of water that would be diverted pursuant to the application. Notwithstanding any other law, an application and resulting permit, that includes one or more recharge beneficial uses, sufficiently describes the place of use and the points of rediversion from groundwater if the application and resulting permit depicts the geographic area where recharge will occur without identifying specific wells.
(6) (A) The board’s issuance of a permit pursuant to this subdivision shall be exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code Code, unless the project did not undergo environmental review pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code, and Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code, if the permitted diversions will occur through either of the following:
(i) Existing diversion infrastructure.
(ii) Temporary facilities that meet both of the following conditions:
(I) Do not require construction.
(II) If they divert directly from a river or stream, the facilities have protective screens on their intakes to minimize the impacts of diversion to fish and other aquatic life, with those screens being constructed of any rigid materials, perforated, woven, or slotted, that provides water passage while physically excluding fish.
(B) Notwithstanding any other law, and regardless of whether an action described in subparagraph (A) is exempt from environmental review under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) or any other law, a lead agency shall provide notice to and consult with California Native American tribes in accordance with Sections 21074, 21080.3.1, 21080.3.2, 21082.3, 21084.2, and 21084.3 of the Public Resources Code before approving or carrying out an action described in subparagraph (A), and a decisionmaking authority may impose conditions of approval as part of the action to avoid or mitigate potential impacts to tribal cultural resources.
(7) Notwithstanding the board’s declaration that a stream reach is fully appropriated pursuant to Article 1.3 (commencing with Section 1205) of Chapter 1, the board may consider an application for diversions from that reach pursuant to this section if that reach is subject to an agreement or memorandum of understanding among water suppliers and nongovernmental organizations concerning the coequal goals of reliable water supplies and preservation of the reach’s environmental value.
(8) In setting fees for applications pursuant to this section for purposes of Chapter 8 (commencing with Section 1525), the board shall set those fees at a level to encourage those applications. The board shall not require separate applications or fees for consumptive and nonconsumptive uses of diverted water.
(9) This subdivision shall become inoperative on January 1, 2037.
(c) On or before January 1, 2035, the board shall compile information on the permits issued and diversions conducted pursuant to subdivision (b), and post the information on its internet website. The board, in compiling this information, may utilize information that it already receives and posts on its internet website. The board may include recommendations in this report to increase the amount of water diverted for recharge while protecting groundwater quality, public safety, and fish and wildlife resources. The board may consult with the Department of Fish and Wildlife in preparing the posted information.
SEC. 6.SEC. 8.
1348.
(a) For purposes of this article, a minor application shall mean either of the following:(a)
(1)
Any application(b)
(2)
An application by a groundwater sustainability agency or local agency, as defined in Section 10721, or a private entity pursuant to a memorandum of understanding or other agreement with a groundwater sustainability agency, for either of the following diversions:(1)
(A)
A diversion substantially similar to a diversion previously authorized by temporary permits for at least five years pursuant to Article 1.5 (commencing with Section 1425) of Chapter 6.5 and involving no greater amount of diversion, and no other points of diversion, than authorized in the last of the preceding temporary(2)
(B)
A diversion previously authorized by a temporary permit pursuant to Article 2 (commencing with Section 1433) of Chapter 6.5.(b) This section shall remain in effect only until January 1, 2037, and as of that date is repealed.
Text of AB 2026 as amended, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions