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AB 717

Water rights: appropriation: small restoration use.

2025-2026 Regular Session Introduced by Cecilia Aguiar-Curry

Creates a streamlined, low-cost registration pathway for small restoration water uses to support habitat restoration.

In committee: Held under submission.
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Bill Summary · AB 717

AB 717 — Water rights: appropriation: small restoration use

Author: Aguiar‑Curry | Introduced: Feb 14, 2025
Status (most recent): In committee — Held under submission (May 23, 2025)

Purpose / intent

AB 717 amends the Water Rights Permitting Reform Act of 1988 to create a new, streamlined registration pathway for small “restoration” water uses. The goal is to provide a timely, low‑cost procedure for obtaining rights to appropriate modest amounts of water expressly for projects whose primary purpose is to restore, enhance, or provide habitat for fish and wildlife.

Key provisions

  • Adds a new defined category, “small restoration use,” to Water Code §1228.1, with three alternative limits/conditions:
    • (A) Instream or direct diversion up to 42,000 gallons per day, and up to 20 acre‑feet per year.
    • (B) Diversion to storage up to 20 acre‑feet per year (with incidental uses allowed).
    • (C) Diversion to storage up to 20 acre‑feet per year when all of the following apply:
    • Water is diverted only when SWRCB determines flows exceed what is reasonably necessary for prior rights and instream beneficial uses;
    • The diversion is authorized in exchange for a binding commitment (approved by the State Water Resources Control Board) to reduce other diversions during times of deficient streamflow — e.g., via an instream flow dedication under Fish & Game Code §1707, a forbearance agreement, permit/license condition, or other board‑approved method;
    • The board determines the environmental benefit of reducing other diversions outweighs any adverse impact of the new diversion to storage.
  • Requires the registration form to include certification that the registrant has contacted the Department of Fish and Wildlife (DFW) and to attach any DFW‑required conditions.
    • For small restoration use registrations, the registrant may apply for a DFW “restoration management permit” (Fish & Game Code Chapter 6.7). If issued, the registrant must include a copy of any permit conditions with the registration.
  • When the Director of Fish and Wildlife establishes proposed streamflow requirements for a stream segment, AB 717 prevents authorization of registrations affecting that segment until SWRCB establishes instream flow requirements as part of the general conditions for that segment — and requires the board to consider DFW’s proposed streamflow requirements in doing so.
  • The bill gives priority to processing restoration registrations that are coupled with a petition for mandatory dedication to instream beneficial uses or wetlands habitat under §1707.

Who is affected

  • Proponents of habitat restoration projects: nonprofits, local agencies, landowners, and state/federal entities seeking small water uses for fish/wildlife habitat enhancement.
  • Existing water users: registrations for restoration uses may be conditioned on binding commitments to reduce other diversions during low‑flow periods.
  • State agencies: State Water Resources Control Board (administration and review of registrations) and Department of Fish and Wildlife (consultation, permit issuance, and proposed streamflow requirements).
  • Potentially affected streams: segments where DFW has proposed streamflow requirements (registrations may be delayed until SWRCB acts).

Procedural / timeline notes

  • Amends Water Code §§1228.1 and 1228.3.
  • Legislative actions to date: introduced Feb 14, 2025; referred to Assembly Water, Parks & Wildlife; passed out of that committee and re‑referred to Appropriations; as of May 23, 2025, held under submission in committee.
  • Fiscal notes: bill indicates no appropriation and no state fiscal committee referral.

Practical impact

AB 717 expands the small‑use registration program to facilitate restoration projects while embedding safeguards: DFW involvement, board approval of any tradeoffs (binding reductions of other diversions), and protection for stream segments where new instream flow requirements are being considered. The measure could speed restoration actions that fit within the defined small‑use limits but may also shift administrative workload to SWRCB and DFW and require enforced commitments from other water users in some cases.

Compiled from official sources — confirm details with the bill’s official record.

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