Water conveyance: use of facility with unused capacity.

Existing law prohibits the state or a regional or local public agency from denying a bona fide transferor of water from using a water conveyance facility that has unused capacity for the period of time for which that capacity is available, if fair compensation is paid for that use and other requirements are met. This bill would, notwithstanding that provision, prohibit a transferor of water from using a water conveyance facility that has unused capacity to transfer water from a groundwater basin underlying desert lands, as defined, that is in the vicinity of specified federal lands or state lands to outside of the groundwater basin unless the State Lands Commission, in consultation with the Department of Fish and Wildlife and the Department of Water Resources, finds that the transfer of the water will not adversely affect the natural or cultural resources of those federal or state lands, as provided. The bill would require a transferor of water to submit an application to the commission before using a water conveyance facility pursuant to these provisions. The bill would require, if the commission finds that the transfer of the water will not adversely affect the natural or cultural resources of those federal and state lands, the transferor of water to annually report to the commission on the condition of the groundwater basin.