BILL NUMBER: AB 1561 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 4, 2001
AMENDED IN SENATE JUNE 26, 2001
AMENDED IN ASSEMBLY APRIL 26, 2001
AMENDED IN ASSEMBLY MARCH 29, 2001
INTRODUCED BY Assembly Member Kelley
FEBRUARY 23, 2001
An act to add Section 12567 to the Water Code, relating
to water. An act to add Chapter 13 (commencing with
Section 2960) to Division 3 of the Fish and Game Code, relating to
fish and game, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1561, as amended, Kelley. Colorado River Water .
(1) 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 if the taking is related to (a) 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, (b) the
implementation of any component of the May 11, 2000, working draft of
the California Colorado River Water Use Plan, or (c) the effects of
any covered activities as described in the Water Conservation and
Transfer Project Habitat Conservation Plan prepared by the Imperial
Irrigation District for the purpose of obtaining compliance with the
California Endangered Species Act for certain water transfers.
The bill also would deem certain statutory requirements, including
requirements of the California Endangered Species Act, relating to
impacts or potential impacts at the Salton Sea on any species
resulting from conservation measures, water transfers, and any other
actions carried out in furtherance of a specified agreement,
satisfied as of January 1, 2002, and for the period that the
specified agreement is in effect. This provision would not be
operative if the specified agreement is not executed on or before
December 31, 2002.
The operation of the provisions described above would be suspended
if a specified feasibility study required by federal law relating to
the Salton Sea is not completed by December 31, 2002. Those
provisions then would again become operative when the study is
completed.
(2) Existing law continuously appropriates money in the Fish and
Game Preservation Fund to the department and to the commission to pay
all necessary expenses incurred in carrying out the Fish and Game
Code and to pay the compensation and expenses of the commissioners
and employees of the commission.
By authorizing the commission and the department to undertake new
duties, this bill would make an appropriation.
Under existing law, the state undertakes environmental and water
supply planning with regard to the Colorado River.
Existing law authorizes the taking of endangered, threatened, and
candidate species under certain circumstances.
This bill would require the Secretary of the Resources Agency, on
or before April 1, 2002, to submit a progress report on the
implementation of the Lower Colorado River Multi-Species Conservation
Program established by the States of California, Arizona, and Nevada
and approved by the Department of Fish and Game to specified
legislative committees. The bill would also make related findings and
declarations.
Vote: majority. Appropriation: no yes
. Fiscal committee: 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 WATER
2960. "Quantification Settlement Agreement," for purposes of this
chapter, means the agreement with that title among the
Quantification Settlement Agreement parties, the provisions of which
are substantially as described in the draft Quantification Settlement
Agreement dated December 12, 2000, and submitted for public review
by the Quantification Settlement Agreement parties.
2961. (a) The commission or the department may authorize the
taking of any species identified in Section 3503.5, 3505, 3511, 4700,
5050, or 5515 if the taking is related to any of the following:
(1) 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.
(2) The implementation of any component of the May 11, 2000,
working draft of the California Colorado River Water Use Plan
prepared by the Colorado River Board of California to transition
California to its basic annual Colorado River apportionment of 4.4
million acre feet, and as that plan may be amended by that board.
(3) The effects of any "Covered Activities" as described in the
Water Conservation and Transfer Project Habitat Conservation Plan
prepared by the Imperial Irrigation District for the purpose of
obtaining compliance with the California Endangered Species Act
(Chapter 1.5 (commencing with Section 2050)) for the Quantification
Settlement Agreement water transfers.
(b) Except as otherwise provided in this chapter, the taking of
any species enumerated in subdivision (a) 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) or Chapter 10
(commencing with Section 2800).
2962. (a) All requirements of the California Endangered Species
Act (Chapter 1.5 (commencing with Section 2050)), and Sections
3503.5, 3505, 3511, 4700, 5050, and 5515 relating to impacts or
potential impacts at the Salton Sea on any species, resulting from
conservation measures, water transfers, and any other actions carried
out in furtherance of the Quantification Settlement Agreement are
deemed satisfied as of January 1, 2002, and for the period that the
Quantification Settlement Agreement is in effect. Any such impacts
to the Salton Sea shall be addressed by the feasibility study
conducted pursuant to Section 101(b) of the Salton Sea Reclamation
Act of 1998 (P.L. 105-372). If the Quantification Settlement
Agreement is not executed on or before December 31, 2002, this
section shall not be operative.
(b) Nothing in this section alters existing law regarding
compliance with the California Endangered Species Act (Chapter 1.5
(commencing with Section 2050)) for impacts or potential impacts of
the Quantification Settlement Agreement that may occur at a location
other than the Salton Sea.
2963. If the feasibility study described in Section 101(b) of the
Salton Sea Reclamation Act of 1998 (P.L. 105-372) is not completed
by December 31, 2002, the operation of Sections 2961 and 2962 is
suspended on that date until the feasibility study is completed, at
which time Sections 2961 and 2962 shall again become operative.
the following:
(a) Representatives from Arizona, California, and Nevada, along
with various stakeholders and water and power agencies along the
lower Colorado River, have formed a regional partnership, which is
developing a first-of-its kind multispecies conservation program
aimed at protecting sensitive, threatened, and endangered species of
fish and wildlife, and their respective habitats.
(b) Planned for implementation over a 50-year period, the
comprehensive multispecies conservation program will address future
federal agency consultation needs under the federal Endangered
Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), nonfederal agency
needs for endangered species incidental take authorization under
federal Endangered Species Act, and California agency needs for
incidental take authorization under the California Endangered Species
Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the
Fish and Game Code) and the Natural Community Conservation Planning
Act (Chapter 10 (commencing with Section 2800) of Division 3 of the
Fish and Game Code).
(c) Approximately 100 candidate and sensitive species listed
pursuant to the federal and state endangered species acts and the
aquatic, wetland, riparian and upland area habitats associated with
those species, will be addressed in the conservation program. The
conservation program covers the main stem of the lower Colorado River
from below Glen Canyon Dam to the southerly international boundary
with Mexico. The program planning area includes the historic
floodplain and reservoir full-pool elevations.
SEC. 2. Section 12567 is added to the Water Code, to read:
12567. On or before April 1, 2002, the Secretary of the Resources
Agency shall submit a progress report on the implementation of the
Lower Colorado River Multi-Species Conservation Program that is
established by the States of California, Arizona, and Nevada and
approved by the California Department of Fish and Game to the
chairpersons of each of the following committees:
(a) Senate Agriculture and Water Resources Committee.
(b) Senate Natural Resources and Wildlife Committee.
(c) Assembly Natural Resources Committee.
(d) Assembly Water, Parks and Wildlife Committee.