AB 2260 California Assembly · 2025-2026 Regular Session

Water: restoration management: small restoration use.

Summary

(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 native 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. The bill would require a person or entity who files a registration of appropriation for a small restoration use to pay a fee according to a fee schedule established by the board. (2) Existing law requires renewal of registration of a small domestic, small irrigation, or livestock stockpond use pursuant to a specified process prior to the expiration of each 5-year period following completed registration. Existing law provides for the reversion of water rights to which a person is entitled when the person fails to beneficially use the water for a period of 5 years. Existing law requires the board to establish general conditions to which all appropriations of water for small domestic, small irrigation, or livestock stockpond use are subject, including, among others, that the appropriation is subject to prior rights and that all conditions lawfully required by the Department of Fish and Wildlife are conditions upon the appropriation. Existing law authorizes the board to establish those general conditions for some methods of diversion or categories of small irrigation use before others, as specified. This bill would apply these renewal, reversion, and condition-setting provisions to a small restoration use and make other conforming changes. The bill would exempt the adoption and revision of those general conditions for small restoration use from certain economic impact assessment requirements of the rulemaking provisions of the Administrative Procedure Act.

Bill status passed 3 of 5 stages cleared

Introduction

Feb 2026

Committee Review

Aug 2026

Assembly Passage

May 2026

Senate Passage

Governor

Introduced Feb 19, 2026 Last action Aug 13, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

05/18/26 - Amended Assembly → AB2260 · 2 edits

MINOR

The diff is overwhelmingly a formatting change converting the bill from a traditional legislative document layout (with line numbers, page headers, and column formatting) to a web-based publication format with navigation elements. Two minor textual clarifications were made: the defined term 'binding commitment to reduce existing diversions' was expanded to 'binding commitment to reduce existing diversions under an existing right,' and a cross-reference to Article 2.7 was added in the fee provision. No substantive policy changes were made.

DEFINITION

The defined term 'binding commitment to reduce existing diversions' in Section 1228.1(b)(4)(B)(iii) was expanded to 'binding commitment to reduce existing diversions under an existing right,' clarifying that the commitment must relate to an existing water right.

TECHNICAL

In Section 1525(b)(2), the phrase 'pursuant to Article 2.7 (commencing with Section 1228) of Chapter 1' was added after the list of registration types subject to filing fees, as a conforming cross-reference now that small restoration use is included in Article 2.7.

03/17/26 - Amended Assembly → 05/18/26 - Amended Assembly · 7 edits · May 18, 2026

MODERATE

The May 18 amendment removes the entire Fish and Game Code Section 1672 amendment (which would have allowed the Department of Fish and Wildlife to authorize continued water diversion through restoration management permits) and replaces it with three new Water Code sections covering reversion of unused water rights, a comprehensive fee structure for water registrations, and mandatory statements of diversion and use. The definition of small restoration use is narrowed to require 'native' fish and wildlife, and the storage and forbearance project definition is clarified to tie commitments to existing rights.

Scope change

The bill's scope shifted away from the Fish and Game Code (removing the restoration management permit water diversion authority) and expanded within the Water Code to add reversion, fee, and reporting provisions. The small restoration use definition was narrowed to native species only.

SCOPE

The entire amendment to Fish and Game Code Section 1672 was removed. This section would have authorized the Department of Fish and Wildlife to issue restoration management permits that allow continued diversion and use of water as part of a qualifying restoration project, including new diversions implemented as components of the project.

FISCAL

New Water Code Section 1525 establishes a comprehensive fee structure requiring persons who file registrations for small domestic, small irrigation, or livestock stockpond use to pay fees according to a board-established schedule. Fees must recover costs of issuing, administering, reviewing, monitoring, and enforcing water rights, and total revenue must equal legislative appropriations for the Water Rights Fund.

REQUIREMENT

New Water Code Section 1241 addresses reversion of water rights when a person fails to beneficially use water for five years. It extends this reversion provision to registrations under the small use article (small domestic, small irrigation, and livestock stockpond), requiring board findings after notice and public hearing.

New Water Code Section 5101 requires persons who divert water after December 31, 1965, to file statements of diversion and use with the board, with various exemptions including for diversions covered by registrations under Article 2.7 (small domestic, small irrigation, small restoration, or livestock stockpond uses).

Water Code Section 1229 now explicitly includes small restoration use alongside small irrigation use in the requirement that the board not adopt general conditions until funds are available, and adds a new subdivision (d) exempting adoption and revision of general conditions for small restoration use from economic impact assessment and standardized regulatory impact analysis requirements under the Administrative Procedure Act.

DEFINITION

The definition of 'small restoration use' was narrowed from 'fish and wildlife preservation and enhancement' to 'native fish and wildlife preservation and enhancement,' limiting the scope to native species only.

The 'storage and forbearance project' definition was revised to specify that the binding commitment is to reduce diversions 'under an existing right' and the new right supports 'the same level of existing beneficial use uses under the existing right,' clarifying the relationship between old and new rights.

Floor votes · Assembly May 27, 2026

How they voted

77–0

Passed · 2 other

Total votes 79

May 27, 2026

D Democratic59

57 Yea 2

96% Yea

R Republican20

20 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Aug 13, 2026

Upper · Passed

In committee: Held under submission.

upper

Aug 3, 2026

Committee

In committee: Referred to APPR. suspense file.

upper

Jun 24, 2026

Upper · Passed

From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 23). Re-referred to Com. on APPR.

upper

Jun 10, 2026

Committee

Referred to Com. on N.R. & W.

upper

May 27, 2026

Assembly · Passed

Assembly Vote: pass (77-0-2)

assembly

May 26, 2026

Lower · Passed

Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0.)

lower

May 18, 2026

Lower · Passed

Read second time and amended. Ordered returned to second reading.

lower

May 14, 2026

Introduced

From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 14).

lower

Apr 8, 2026

Committee

In committee: Set, first hearing. Referred to APPR. suspense file.

lower

Mar 24, 2026

Lower · Passed

From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (March 24). Re-referred to Com. on APPR.

lower

Mar 18, 2026

Committee

Re-referred to Com. on W., P., & W.

lower

Mar 17, 2026

Introduced

From committee chair, with author's amendments: Amend, and re-refer to Com. on W., P., & W. Read second time and amended.

lower

Mar 9, 2026

Committee

Referred to Com. on W., P., & W.

lower

Feb 20, 2026

Lower · Passed

From printer. May be heard in committee March 22.

lower

1 primary · 0 co-sponsors