Water infrastructure: dams and reservoirs: water release: false pretenses.
AB 1146
California Bills
20250AB__114696AMD INTRODUCED 2025-02-20 AMENDED_ASSEMBLY 2025-03-17 AMENDED_ASSEMBLY 2025-05-01 AMENDED_SENATE 2025-06-23 2025 AB AMD Introduced by Assembly Member Papan LEAD_AUTHOR ASSEMBLY Papan
An act to add Sections and to the Water Code, relating to dams and reservoirs. dams and reservoirs Water infrastructure: dams and reservoirs: water release: false pretenses. Existing law provides for the regulation and supervision of dams and reservoirs exclusively by the state. Under existing law, a person who violates certain provisions related to the regulation and supervision of dams and reservoirs or of any approval, order, rule, regulation, or requirement of the Department of Water Resources is guilty of a misdemeanor, as specified.
This bill would prohibit the release of stored water from a reservoir owned and operated by the United States in this state if the release is done under false pretenses, which the bill would define to mean a release of water from a reservoir owned and operated by the United States in a manner that is knowingly, designedly, and intentionally under any false or fraudulent representation as to the purpose and intended use of the water.
The bill would authorize the State Water Resources Control Board or the Attorney General, as provided, to bring an action for injunctive relief for a violation of the above-described prohibition. By expanding the scope of a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION 1.
Section 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. (
b) A release under false pretenses shall mean a release of water from a reservoir owned and operated by the United States in a manner that is knowingly, designedly, and intentionally under any false or fraudulent representation as to the purpose and intended use of the water. <caml:Num>SEC. 2.</caml:Num><caml:ActionLine action="IS_ADDED" xlink:href="urn:caml:codes:WAT:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'6034'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section is added to the <caml:DocName>Water Code</caml:DocName>, to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_616EFBB3-F9B0-4CFC-B2CA-2B101B6ABCE9"><caml:Num>6034.</caml:Num><caml:LawSectionVersion id="id_AE560602-A9AC-4A32-A64A-CDB0DB69EEE1"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>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.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>The board may commence an interim relief proceeding on its own motion.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>Except as provided in subdivision (c), the board shall provide notice at least days before the date of the hearing.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>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 or will prevent imminent or irreparable injury to any of the following:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>Public health, safety, or welfare.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Other legal users of water.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>Instream beneficial uses of water.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>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 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.</xhtml:p><xhtml:p>(e)<xhtml:span class="EnSpace"/>An interim relief order issued by the board shall remain in effect for a period not to exceed 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.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_D8CF96F8-8E23-49D0-92CD-0FEA2D56A131"><caml:Num>SEC. 3.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:WAT:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'8.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'6425.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section of the <caml:DocName>Water Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_07190DAF-14F5-4B39-9035-E9E0A4689BD1"><caml:Num>6425.</caml:Num><caml:LawSectionVersion id="id_171A3AF8-4C27-4C53-9D36-1F8409D26A23"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>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 or any order issued by the board pursuant to
Section 6034.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>Every person who violates
Section or any order issued by the board pursuant to
Section may be held civilly liable in an amount not to exceed ten thousand dollars ($10,000) for each day in which the violation occurs.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>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 U.S.C.
Sec. 666).</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>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:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>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.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>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.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>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.</xhtml:p><xhtml:p>(D)<xhtml:span class="EnSpace"/>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.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection>"?>
SEC. 2.
Section 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 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