SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No:
Author:
Version:
Urgency:
Consultant:
AB 1061
Gallagher
June 1, 2015
No
Angee Doerr
Hearing Date:
July 14, 2015
Fiscal:
Yes
Amended
Subject: Sacramento and San Joaquin Drainage District: powers.
BACKGROUND AND EXISTING LAW
Background:
In 1911 the legislature created the California State Reclamation Board (Board), which
was given regulatory authority over the Sacramento Valley’s Local Maintaining
Agencies (LMAs), with the objectives of (1) assuring a logical, integrated system for
controlling flooding along the Sacramento and San Joaquin Rivers and their tributaries
in cooperation with US Army Corps of Engineers, (2) cooperating with various agencies
in planning, constructing, operating, and maintaining flood control works, and (3)
maintaining the integrity of the flood control system. In 1913 the Reclamation Board was
given regulatory authority over the San Joaquin Valley’s LMAs. The same year, the
Legislature created the Sacramento-San Joaquin Drainage District (District) to give the
Reclamation Board the authority to acquire the necessary property and easements for
flood control. Creation of the district allowed the State Engineer to procure data and
perform surveys and examinations of the San Joaquin and Sacramento rivers and their
tributaries to further the Board's plans to control the floodwaters of the rivers, improve
and preserve navigation, and ensure the reclamation and protection of the lands that
are susceptible to overflow from those rivers and their tributaries. Those plans
culminated in the State Plan of Flood Control (SPFC), a State-Federal flood protection
system in the Sacramento River and San Joaquin River watersheds. Property rights for
the SPFC are held by the District.
According to statute, the Drainage District can acquire, own, hold, use, and enjoy any
and all properties necessary for the purposes of the district. The District’s boundaries
comprise more than 1.9 million acres in the Central Valley along the general course of
the Sacramento and San Joaquin Rivers, stretching from Glenn and Butte Counties in
the north to Madera and Fresno Counties in the south (see Figure in Comments).
Management and control of the District are vested in the Board. In 2007 the Legislature
restructured the Reclamation Board and renamed it the “Central Valley Flood Protection
Board.” The legislation also gave the Board the responsibility to review and adopt the
historic 2012 Central Valley Flood Protection Plan (CVFPP).
Existing law:
1) Provides the Board authority for the protection and oversight of levees, weirs,
channels, and other features of federally and state-authorized flood control facilities
located in the Sacramento River and San Joaquin River drainage basins (Water
Code (WAT) Division 5, Part 4, Chapter 3).
AB 1061 (Gallagher)
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2) Requires plans that involve the construction, enlargement, or alteration of any levee,
embankment, canal, or other excavation in the bed of or along or near the banks of
the Sacramento or San Joaquin Rivers or any of their tributaries or specified lands to
be approved by the Board before such activity is commenced (WAT Division 5,
Part 4 Chapter 3).
3) Vests management and control of the District in the Board (WAT Section 8502).
4) Authorizes the District to acquire, own, hold, use, and enjoy any and all properties
necessary for the purposes of the District (WAT Section 8504).
PROPOSED LAW
This bill:
Amends WAT Section 8504 to allow the District to sell, lease, or rent properties, and
use any revenue that is generated from the lease or rental of said properties for
flood control purposes.
ARGUMENTS IN SUPPORT
Writing in support, the bill’s sponsor, the California Central Valley Flood Control
Association (CCVFCA) states that AB1061 will “enable agricultural, oil, and gas lease
proceeds to be directly available for the maintenance of flood control projects. Applying
lease revenues directly to maintenance activities will help in completing repairs and
preservation of levees, while also maximizing environmental mitigation and
enhancement.”
ARGUMENTS IN OPPOSITION
None Received
COMMENTS
Who currently controls proceeds from the lease or renting of District lands? The
management and control of the District is vested in the Board, which falls under the
authority of DWR. Board leases include traditional grazing and agricultural leases as
well as oil and gas leases that generate rent and royalties. Existing law requires all
lease revenues from land where DWR is the lessor to be deposited directly into the
General Fund.
Similar Legislation:
SB749 (Wolk, 2013, Chapter 387) amended Fish and Game Code Section 1745.1 to
authorize the Department of Fish and Wildlife to lease department-managed lands for
agricultural activities. In addition, the bill allowed any moneys collected from these
agricultural leases to be used to support the management, maintenance, restoration,
and operations of department-managed lands. One example of a successful
management project is the Yolo Basin Wildlife Refuge, where lands leased for the
growing of rice provide habitat for waterfowl and other wildlife species, and managed
grazing in other parts of the refuge help to maintain vernal pool habitat. The revenues
generated from the leases also assist the DFW in covering maintenance and operations
costs for the refuge.
AB 1061 (Gallagher)
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SUPPORT
California Central Valley Flood Control Association (CCVFCA) (Sponsor)
Association of California Water Agencies (ACWA)
OPPOSITION
None Received
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