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ID S1278

Bill

Status

Passed

3/23/2016

Primary Sponsor

Resources and Environment Committee

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Origin

Senate

2016 Regular Session

AI Summary

  • Exempts canal and conduit operators from obtaining an additional water right when using diverted irrigation water to generate hydroelectricity, provided the diversion rate does not increase and the operator holds federal or state authorization under the Federal Power Act, power privileges lease, or other governmental agency agreement.

  • Establishes that incidental hydropower use is junior to and fully subordinated to all existing and future water uses and must be nonconsumptive.

  • Requires operators to provide written notice to the Department of Water Resources and the watermaster upon project completion, including the hydropower use description, location, project capacity, a copy of authorizing documents, and certification that all requirements are met.

Legislative Description

Amends existing law to provide that a person or entity operating a canal or conduit for irrigation or other beneficial uses authorized by a water right that permits water to be diverted from a natural watercourse for such purposes shall not be required to obtain an additional water right for the incidental use of that same water where the water is diverted for irrigation or other beneficial use and thereafter used to generate hydroelectricity in the canal or conduit, to provide conditions, to provide that the incidental hydropower use shall be junior to and fully subordinated to all existing and future uses, and shall be nonconsumptive and to provide for certain written notice.

WATER

Last Action

Signed by Governor on 03/23/16 Session Law Chapter 139 Effective: 07/01/2016

3/23/2016

Committee Referrals

Judiciary and Rules2/9/2016

Full Bill Text

No bill text available