california legislature—2023–24 regular session
ASSEMBLY BILL No. 1631
Introduced by Assembly Member Schiavo
(Principal coauthor: Senator Wilk)
February 17, 2023
An act to add Section 1305 to the Water Code, relating to w ater resources.
legislative counsel’s digest
AB 1631, as introduced, Schiavo. Water resources: permit to appropriate: application procedure: mining use.
Under e xisting la w, the State Water Resources Control Board administers a water rights program pursuant to which the board grants permits and licenses to appropriate w ater. Existing la w requires an application for a permit to appropriate w ater to include, among other things, sufficient information to demonstrate a reasonable lik elihood that unappropriated water is available for the proposed appropriation.
Existing la w requires the board to issue and deli ver a notice of an application as soon as practicable after the receipt of an application for a permit to appropriate w ater that conforms to the la w. Existing la w allows interested persons to file a written protest with re gard to an application to appropriate water and requires the protestant to set forth the objections to the application. Existing law declares that no hearing is necessary to issue a permit in connection with an unprotested application, or if the undisputed facts support the issuance of the permit and there is no disputed issue of material f act, unless the board elects to hold a hearing.
This bill, if the board has not rendered a final determination on an application for a permit to appropriate water for a beneficial use or uses
99 that include mining use within 30 years from the date the application was filed, would require the board to issue a ne w notice and pro vide an opportunity for protests before rendering a final determination, with specified exceptions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 1305 is added to the Water Code, to read:
line 2 1305. (a) If the board has not rendered a final determination line 3 on an application for a permit to appropriate water for a beneficial line 4 use or uses that include mining use within 30 years from the date line 5 the application was filed, the board shall issue a ne w notice and line 6 provide an opportunity for protests under Chapter 4 (commencing line 7 with Section 1330) before rendering a final determination. line 8 (b) A notice and opportunity for protests pursuant to subdivision line 9 (a) is not required if any of the following apply:
line 10 (1) The application is canceled or denied.
line 11 (2) A notice and opportunity for protests has been pro vided line 12 within five years prior to the board rendering a final approval. line 13 (3) The board holds a hearing or conducts proceedings under line 14 Article 1.5 (commencing with Section 1345) of Chapter 5, after line 15 public notice of the hearing or proceedings, and allows any person line 16 requesting notice of the hearing or proceedings to participate as a line 17 party in the hearing or proceedings, including the presentation of line 18 evidence, without ha ving to ha ve filed protests. The board shall line 19 provide not less than 45 days’ written notice, in the same manner line 20 as would be provided to an unresolv ed protestant, to an y person line 21 requesting the notice.
line 22 (4) The applicant is a public entity.
line 23 (c) This section is not a limitation on the authority of the board line 24 to issue a notice or direct the applicant to issue a notice if, because line 25 of changes in the project or other circumstances, the issuance of line 26 a notice is necessary to pro vide a f air opportunity for interested line 27 persons to file protests or is in the public interest.
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99 — 2 — AB 1631