Assembly BillVetoedGovernment
AB 2218: Water policy: California Native American tribes.
What AB 2218 does, verified October 1, 2026
<p>The bill requires the state government to support California Native Americans in maintaining cultural traditions, practicing ecosystem stewardship, and engaging in consultations regarding policies affecting tribal communities. It establishes that it is the policy of the state to recognize and address inequities inflicted upon Native American tribes through financial assistance, protection of tribal water uses, consultation on water projects, plans, and policies, and incorporation of indigenous knowledge for ecosystem restoration and protection. State agencies such as the State Water Resources Control Board, regional water quality control boards, and the Natural Resources Agency are required to incorporate this policy in their regulations and permits. The bill also mandates these entities to identify and offer financial assistance to tribes consistent with existing legal requirements.…
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Last action: Vetoed by Governor. (2026-09-30)Alert me
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Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions28 total · showing 5
| Sep. 30, 2026 | Vetoed by Governor. |
| Sep. 03, 2026 | Enrolled and presented to the Governor at 4 p.m. |
| Aug. 26, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 56. Noes 0. Page 6600.). |
| Aug. 26, 2026 | In Assembly. Concurrence in Senate amendments pending. |
| Aug. 25, 2026 | Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 0.). |
Latest bill textEnrolled version, August 30, 2026 · 1,529 words
| Enrolled August 30, 2026 |
| Passed IN Senate August 25, 2026 |
| Passed IN Assembly August 26, 2026 |
| Amended IN Senate July 02, 2026 |
| Amended IN Assembly April 16, 2026 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 2218
| Introduced by Assembly Member Kalra (Principal coauthor: Assembly Member Rogers) (Coauthor: Senator McGuire) |
February 19, 2026 |
An act to add Section 187 to the Government Code, and to amend Section 1051 of, and to add Section 106.2 to, the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 2218, Kalra. Water policy: California Native American tribes.
Existing law establishes the sovereignty of the state.
This bill would require the state government to support California Native Americans to maintain cultural and linguistic traditions, practice ecosystem stewardship, and engage in good faith government-to-government consultations with all California Native American tribes regarding policies that may affect tribal communities.
Existing law establishes various state water policies, including the policy that the use of water for domestic purposes is the highest use of water and the human right to water. Existing law requires the State Water Resources Control Board to act upon all applications for a permit to appropriate water.
This bill would declare that it is the established policy of the state to recognize and address the inequities, as described, inflicted upon all California Native American tribes through financial assistance, protection of tribal beneficial uses, consultation on water projects, plans, and policies, and incorporation of indigenous knowledge to restore and protect ecosystems. The bill would require specified state agencies, including the State Water Resources Control Board, regional water quality control boards, and the Natural Resources Agency, to incorporate this policy when revising, adopting, or establishing policies, regulations, permits, or grant criteria to address identified inequities. The bill would require those state entities to identify and offer financial assistance to the tribes consistent with existing legal and policy requirements for financial assistance programs. If there is a dispute between a California Native American tribe and one of those state agencies over the implementation of that policy, the bill would require that matter to be brought before the Governor’s Office of Tribal Affairs for mediation before the state agency action is challenged in court and would specify procedures and timelines for mediation, as provided.
Existing law authorizes the board to conduct investigations and to issue information orders in administering water rights, as provided.
The bill would require the state board, in furtherance of an investigation and upon request, to consult with a tribe whose ancestral territory includes the water body or water bodies at issue for the claimed riparian or appropriative right.
The people of the State of California do enact as follows:
SECTION 1.
Section 187 is added to the Government Code, to read:187.
(a) The Legislature recognizes that the state historically sanctioned over one century of depredations and prejudicial policies against California Native Americans, including removal from ancestral land. The Legislature apologizes on behalf of the citizens of the state to all California Native Americans for the violence, mistreatment, and neglect inflicted upon them.(b) The Legislature declares that the state government shall support California Native Americans to maintain cultural and linguistic traditions, practice ecosystem stewardship, and engage in good faith government-to-government consultations with all California Native American tribes regarding policies that may affect tribal communities.
SEC. 2.
Section 106.2 is added to the Water Code, to read:106.2.
(a) It is hereby declared to be the established policy of the state to recognize and address the inequities regarding access to, and control over, water caused by state-sanctioned acts of termination, removal, and assimilation inflicted upon all California Native American tribes through financial assistance, protection of tribal beneficial uses, consultation on water projects, plans, and policies, and incorporation of indigenous knowledge to restore and protect ecosystems.(b) (1) The following state agencies shall implement the policy set forth in subdivision (a) when revising, adopting, or establishing policies, regulations, permits, or grant criteria to address identified inequities:
(A) The State Water Resources Control Board.
(B) Regional water quality control boards.
(C) The Natural Resources Agency and all its departments, conservancies, boards, commissions, and councils.
(D) The Delta Stewardship Council.
(E) The Office of Land Use and Climate Innovation.
(2) The state agencies listed in paragraph (1) shall identify and offer financial assistance to California Native American tribes consistent with existing legal and policy requirements for financial assistance programs.
(c) (1) If there is a dispute between a California Native American tribe and a state agency described in paragraph (1) of subdivision (b) over the implementation of the policy set forth in subdivision (a), that matter shall be brought before the Governor’s Office of Tribal Affairs. The office shall, within 30 days of the date that the tribe or the state agency referred the matter to the office, convene a meeting between the tribe and the state agency for mediation. The meeting shall take place before the state agency action is challenged in court. During mediation, the state agency action that is the subject of the mediation shall be stayed.
(2) (A) The Governor’s Office of Tribal Affairs shall gather information on the matter for not more than 60 days from the date of the initial meeting between the tribe and the agency. The office shall have not more than 30 days from the date the office concludes gathering information to reach reconciliation. Reconciliation occurs when the state agency and the California Native American tribe are able to reach a mutually agreeable resolution on the matter.
(B) At any point during mediation, a tribe may withdraw from the process if the tribe believes that the state agency is not negotiating in good faith.
(3) If the state agency and the tribe do not reach reconciliation within 30 days from the date the office concludes gathering information pursuant to paragraph (2), the state agency action shall be stayed for an additional 60 days after the expiration of the 30-day period described in paragraph (2). If the state agency and the tribe do not reach reconciliation at the end of that 60-day period, the Governor’s Office of Tribal Affairs shall issue a letter documenting the exhaustion of administrative remedies.
SEC. 3.
Section 1051 of the Water Code is amended to read:1051.
(a) The board for the purpose of this division may:(1) Investigate all streams, stream systems, portions of stream systems, lakes, or other bodies of water.
(2) Take testimony in regard to the rights to water or the use of water thereon or therein.
(3) Investigate and ascertain whether or not water heretofore filed upon or any claimed riparian or appropriative right is valid under the laws of this state.
(b) (1) (A) In furtherance of an investigation authorized pursuant to this section, the board may issue an information order, as executed by the executive director of the board.
(B) In furtherance of an investigation authorized pursuant to this section, upon request, the board shall consult with a California Native American tribe whose ancestral territory includes the water body or water bodies at issue for the claimed riparian or appropriative right.
(2) The information order may be issued to a water right holder or claimant to provide the following information related to a diversion and use of water:
(A) Information required to be reported pursuant to Part 5.1 (commencing with Section 5100).
(B) Information concerning the basis of the water right claimed.
(C) Information related to the patent date claimed for the place of use, if the claimed right is a riparian right.
(D) Information concerning the notice date of the appropriation and the date of actual delivery of water to beneficial use.
(E) Information concerning prior diversions and use, including direct diversions and diversions to storage.
(3) (A) The information order may be issued to a diverter or user of water to provide information concerning that diverter’s prior diversion or use, including direct diversions and diversions to storage, or identification of the person or holder claiming the right under which the water was diverted or used.
(B) Information obtained under this paragraph from a diverter or user who is not the water right holder or claimant shall not be binding on, or treated as an admission by, the water right holder or claimant.
(c) The burden of any order issued under subdivision (b), including costs, shall bear a reasonable relationship to the need for the requested information and the benefits to be obtained from the board receiving that information. In making a request, the board shall do both of the following:
(1) Provide the person to whom the request is directed with a written explanation with regard to the need for the information.
(2) Identify the evidence that supports requiring that person to provide the information.
(d) A diversion or use of water ascertained to be unauthorized may be enforced as a trespass under Section 1052, following notice and opportunity for hearing as required under Section 1052, Section 1055, or Article 2 (commencing with Section 1831) of Chapter 12 of Part 2.
(e) Nothing in this section shall limit any authority held by the board under this code or any other provision of law.
Text of AB 2218 as enrolled, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions