CHAPTER 3.6. Deference to Decisions by Local or Regional Agencies [380 - 387]
( Chapter 3.6 added by Stats. 1982, Ch. 867, Sec. 2. )
The Legislature hereby finds and declares as follows:
(a) The various regions of the state differ widely in the availability of water supplies and in the need for water to meet beneficial uses.
(b) Decisions regarding operations to meet water needs can depend in part upon regional differences.
(c) Many water management decisions can best be made at a local or regional level, to the end that local and regional operational flexibility will maximize efficient statewide use of water supplies.
(d) The authority granted by this chapter to local and regional public agencies, as defined in subdivision (a) of Section 65930 of the Government Code and not including federal agencies, is in furtherance of the policy declared in Section 2 of Article X of the California Constitution and in Section 109.
(Added by Stats. 1982, Ch. 867, Sec. 2.)
The authority of local or regional public agencies pursuant to this chapter shall control over any other provision of law which contains more stringent limitations on the authority of a particular public agency to serve water for use outside the agency, to the extent those other laws are inconsistent with the authority granted herein.
(Added by Stats. 1982, Ch. 867, Sec. 2.)
(a) Notwithstanding any other provision of law, every local or regional public agency authorized by law to serve water to the persons or entities within the service area of the agency may sell, lease, exchange, or otherwise transfer, for use outside the agency, either or both of the following:
(1) Water that is surplus to the needs of the water users of the agency.
(2) Water, the use of which is voluntarily foregone, during the period of the transfer, by a water user of the agency.
(b) This chapter does not prohibit or restrict the transfer of water or water rights by local or regional public agencies pursuant to other provisions of law.
(Amended by Stats. 1993, Ch. 188, Sec. 1. Effective January 1, 1994.)
For the purposes of this chapter, water that is surplus to the needs of the agency’s water users shall mean any of the following:
(a) Water, to which the right is held by the agency pursuant to an appropriation made under the Water Commission Act or Division 2 (commencing with Section 1000), which the agency finds will be in excess of the needs of water users within the agency for the duration of the transfer.
(b) Water, to which the right is held by the agency pursuant to an appropriation made under the Water Commission Act or Division 2 (commencing with Section 1000), of which any water user agrees with the agency, upon mutually satisfactory terms, to forego use for the duration of the transfer.
(c) Water, to which the right is held by a water user within the agency pursuant to an appropriation made under the Water Commission Act or Division 2 (commencing with Section 1000) where the water user and the agency agree, upon mutually satisfactory terms, that the water user will forego use for the period of time specified in the agreement and that the agency shall act as agent for the water user to effect the transfer.
(Added by Stats. 1982, Ch. 867, Sec. 2.)
Prior to serving water to any person for use outside the agency, the agency shall comply with all provisions of the general laws of this state relating to the transfer of water or water rights, including, but not limited to, procedural and substantive requirements governing any change in point of diversion, place of use, or purpose of use due to such transfer.
(Added by Stats. 1982, Ch. 867, Sec. 2.)
No water may be transferred pursuant to this chapter for use within the boundaries of a local or regional public agency that furnishes the same water service to the transferee without the prior consent of that agency.
(Added by Stats. 1982, Ch. 867, Sec. 2.)
The board may approve any change associated with a transfer pursuant to this chapter only if it finds that the change may be made without injuring any legal user of the water and without unreasonably affecting fish, wildlife, or other instream beneficial uses and does not unreasonably affect the overall economy of the area from which the water is being transferred.
A petitioner requesting a change which is subject to this section shall pay to the board a fee which shall be in an amount determined by the board to cover the reasonable costs of the board in evaluating and processing the petition.
(Added by Stats. 1982, Ch. 867, Sec. 2.)
Any agreement for the transfer of water under the provisions of this chapter shall be for a period not to exceed seven years unless a longer period of time is mutually agreed upon by the agency and the transferee.
(Amended by Stats. 1986, Ch. 364, Sec. 1.)