BILL NUMBER: AB 1561	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2001

INTRODUCED BY   Assembly Member Kelley

                        FEBRUARY 23, 2001

    An act relating to water.   An act to add
Chapter 13 (commencing with Section 2960) to Division 3 of the Fish
and Game Code, relating to the Colorado River, and making an
appropriation therefor. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1561, as amended, Kelley.  Colorado River.
   Under existing law, the state undertakes environmental and water
supply planning with regard to the Colorado River.  
   This bill would make legislative findings and declarations
regarding the Colorado River.  
   Existing law authorizes the taking of endangered, threatened, and
candidate species under certain circumstances.
   This bill would authorize the Department of Fish and Game and the
Fish and Game Commission to authorize the taking of certain birds and
fully protected species caused by the implementation of any
component of the Lower Colorado River Multi-Species Conservation
Program established by the States of California, Arizona, and Nevada
and approved by the department, or by the implementation of any
component of the May 11, 2000, working draft of California's Colorado
River Water Use Plan.
   Existing law continuously appropriates money in the Fish and Game
Preservation Fund to the department to pay all necessary expenses
incurred in carrying out the Fish and Game Code and any other law for
the protection and preservation of birds, mammals, reptiles, and
fish.
   This bill would make an appropriation by providing new statutory
authority for the department. 
   Vote:  majority.  Appropriation:   no   yes
 .  Fiscal committee:   no   yes  .
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  The Legislature hereby finds and declares all of
 
  SECTION 1.  Chapter 13 (commencing with Section 2960) is added to
Division 3 of the Fish and Game Code, to read:

      CHAPTER 13.  COLORADO RIVER

   2960.  Notwithstanding any other provision of law, the commission
or the department may authorize the taking of any species which is
identified in Section 3503.5, 3505, 3511, 4700, 5050, or 5515, and
which taking is caused by the implementation of any component of the
Lower Colorado River Multi-Species Conservation Program, established
by the States of California, Arizona, and Nevada and approved by the
department, or by the implementation of any component of the May 11,
2000, working draft of the California's Colorado River Water Use Plan
prepared by the Colorado River Board of California and necessary for
California to transition to its normal annual Colorado River water
apportionment of 4.4 million acre feet, and as that plan may be
amended by that board.  The taking of any such species shall be
authorized under the same conditions as the commission or the
department may authorize the taking of an endangered, threatened, or
candidate species pursuant to Chapter 1.5 (commencing with Section
2050) of, or Chapter 10 (commencing with Section 2800) of, Division
3.   the following:
   (a) California will be required to reduce the amount of Colorado
River water it uses.  Beyond its basic apportionment of Colorado
River water, California will no longer be assured of the availability
of water apportioned to, but unused by, Arizona and Nevada, or the
availability of surplus water under this surplus water apportionment.

   (b) California's Colorado River Water Use Plan is a framework
document being developed to allow California to meet its Colorado
River water needs from within its basic annual apportionment of 4.4
million acre-feet.
   (c) Representatives from Arizona, California, Nevada, Native
American tribes, the United States, local regional water and power
management agencies, and other stakeholders have formed a partnership
to develop a first-of-its-kind multispecies conservation program
directed at protecting sensitive, threatened, and endangered species
of fish and wildlife and their habitats.  The plan will be
implemented over a 50-year period following its planned adoption in
early 2002.
   (d) The expeditious completion and implementation of California's
Colorado River Water Use Plan is of paramount importance to
California's economy, the seventh largest in the world, and to the
continued health, safety, and welfare of all of its citizens.