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Assembly committee advances bill to recognize tribal water uses as a statewide beneficial use
Summary
The Assembly committee advanced AB 362 after testimony from tribal leaders and environmental groups. The bill would add tribal uses to the list of beneficial uses state regulators consider when setting water quality and flow protections; opponents urged further changes and consultation with water agencies.
SACRAMENTO — The Assembly committee voted to advance AB 362, legislation that would explicitly recognize tribal uses of water as a statewide beneficial use and direct state agencies to give those uses equal consideration when setting water quality standards and approving water projects.
The bill’s author, Assemblymember Robert Ramos, and tribal leaders said the measure seeks to repair historic exclusions of California tribes from water planning and to ensure cultural, subsistence and ceremonial uses receive regulatory protection. “Tribal water uses be put on equal footing with other statewide beneficial uses of water,” testified Melissa Tayaba, vice chair of the Shingle Springs Band of Miwok Indians and the bill’s sponsor.
Why it matters: Supporters said establishing tribal beneficial uses in statute would create clarity for the State Water Resources Control Board and regional boards, improve consultation, and allow legislative tracking of implementation. Tribal witnesses described persistent river degradation and the cultural importance of waterways. Robert Jeff, vice chairman of the Santa Rosa Rancheria Tachi-Yokut Tribe, described the cultural significance of Tulare Lake (Ba’ashi) and urged the committee to consider the bill a step toward restoring water-dependent cultural practices.
Supporters included tribes and environmental and conservation groups, such as the Union of Concerned Scientists, Audubon California and Sierra Club California. Several water-sector groups — including the Association of California Water Agencies (ACWA), the California Farm Bureau and the California Chamber of Commerce — said they support the bill’s intent but remain “opposed unless amended,” citing concerns about ambiguous language that could elevate tribal use above other beneficial uses, add litigation risk in CEQA-related provisions, or impose unclear deadlines tied to the Bay-Delta plan update.
Committee discussion and next steps: Committee members said they welcomed the bill but pressed for continued stakeholder talks; the author and sponsors said meetings with ACWA and others were underway and would continue. The committee accepted committee amendments and advanced AB 362 to the next committee for further review.
Votes at a glance (committee action): AB 362 — advanced to Environmental Safety and Toxic Materials (motion passed; roll call recorded; one member noted as “not voting” during the roll call). The committee discussion directed ongoing meetings between author, sponsors and water agency stakeholders.
Ending: The bill’s sponsors said they view AB 362 as corrective legislation that does not prescribe detailed regulatory outcomes but requires state agencies to consult and act more promptly to protect tribal water uses. The author and supporters emphasized continued negotiation with water agencies to resolve drafting concerns before later legislative steps.
