AB 2026: Water diversion: groundwater recharge: permit.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

(1)Existing law declares that all water within the state is the property of the people of the state, but the right to the use of the water may be acquired by appropriation in the manner provided by law. Existing law requires the appropriation to be for some useful or beneficial purpose. Existing law provides, however, that the diversion of floodflows for groundwater recharge does not require an appropriative water right if certain conditions are met, including that a local or regional agency that has adopted a local plan of flood control or has considered flood risks as part of its most recently adopted general plan has given notice, as provided, of imminent risk of flooding and inundation of lands, roads, or structures. Existing law defines “floodflow” for these purposes to include circumstances in which flows would inundate ordinarily dry areas in the bed of a terminal lake to a depth that floods dairies and other ongoing agricultural activities, or areas with substantial residential, commercial, or industrial development. Existing law applies those requirements to diversions commenced before January 1, 2029.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.

Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing or disposing of certain material where it may pass into any river, stream, or lake, without first notifying the Department of Fish and Wildlife of that activity, and entering into a lake or streambed alteration agreement if required by the department to protect fish and wildlife resources, except as specified.

This bill would revise and recast those conditions required for the appropriative water right exemption for a diversion of floodflows for groundwater recharge, would apply the requirements to a diversion commenced before January 1, 2034, and would further exempt those diversions from the requirements of CEQA and requirements relating to lake or streambed alteration agreements, subject to conducting tribal consultation, as provided. The bill would expand the definition of “floodflow” to include flows downstream of a dam that is releasing water for flood control purposes, as provided.

(2)Existing law requires the Department of Water Resources to operate the State Water Resources Development System, known as the State Water Project, to supply water to persons and entities in the state. Existing law designates as the Central Valley Project a system of works for the conservation, development, storage, distribution, and utilization of water, with incidental generation, transmission, and distribution of electric power.

This bill would provide that the inclusion of certain proposed terms in an application to divert water within or upstream of the Sacramento-San Joaquin Delta to underground storage pursuant to certain permits, and its adoption in the applicable permit, would satisfy the State Water Resources Control Board’s finding that water may be diverted and used without injury to the legal users of water from the Central Valley Project or the State Water Project, including the United States Bureau of Reclamation, the Department of Water Resources, or any contractors to the project. The bill would repeal these provisions on January 1, 2037.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. August 13, 2026In committee: Held under submission.
2. August 3, 2026In committee: Referred to APPR. suspense file.
3. July 2, 2026Read second time and amended. Re-referred to Com. on APPR.
4. July 2, 2026From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 1).
5. June 24, 2026From committee: Do pass and re-refer to Com. on E.Q. (Ayes 5. Noes 0.) (June 23). Re-referred to Com. on E.Q.
6. June 10, 2026Referred to Coms. on N.R. & W. and E.Q.
7. May 28, 2026In Senate. Read first time. To Com. on RLS. for assignment.
8. May 27, 2026Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 0. Page 5452.)
9. May 22, 2026Read third time and amended. Ordered to third reading. (Page 5272.)
10. May 18, 2026Read second time. Ordered to third reading.
11. May 14, 2026From committee: Do pass. (Ayes 13. Noes 1.) (May 14).
12. May 14, 2026Joint Rule 62(a), file notice suspended. (Page 5030.)