(1) Existing law, the Water Rights Permitting Reform Act of 1988, authorizes any person to obtain a right to appropriate water for a small domestic, small irrigation, or livestock stockpond use, as defined, upon registering the use with the State Water Resources Control Board, as prescribed, payment of a registration fee, and application of the water to reasonable and beneficial use with due diligence.

This bill would extend the above-described ability to obtain a right to appropriate water to a small restoration use, as provided. The bill would define several terms for these purposes, including defining a small restoration use as a specified use of water for fish and wildlife preservation and enhancement in connection with a project to restore, enhance, or provide habitat for native fish and wildlife, as provided. The bill would require the board to give priority to processing small restoration use registrations that are coupled with a petition for mandatory dedication to instream beneficial uses or wetlands habitat, as specified.

Existing law requires renewal of registration of a small domestic, small irrigation, or livestock pond use pursuant to a specified process prior to the expiration of each 5-year period following complete registration. Existing law authorizes the board to establish general conditions for some methods of diversion or categories of small irrigation use before establishing general conditions or other methods or categories, as specified.

This bill would also apply the above-described provisions to a small restoration use.

(2) Existing law, the Restoration Management Permit Act, authorizes the Department of Fish and Wildlife to issue a restoration management permit to authorize take, possession, import, or export of any species or subspecies of fish, wildlife, or plant in association with a qualifying restoration project, as provided. Under existing law, if a qualifying restoration project includes the substantial diversion or obstruction of the natural flow of, or substantial change or use of any material from the bed, channel, or bank of, any river, stream, or lake, and the department determines the activity may substantially adversely affect an existing fish or wildlife resource, the department may authorize those activities through a restoration management permit.

This bill would authorize the department to authorize the continued diversion and use of water through a restoration management permit as necessary to ensure the water management changes are maintained over time, if the substantial net benefit resulting from a qualifying restoration project will be obtained through changes to the diversion and use of water as compared to baseline conditions, as provided.