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Committee approves narrow exemption for certain weirs from dam definition, sends AB 639 to Appropriations
Summary
AB 639 would clarify the definition of 'dam' under California law to avoid imposing dam inspection and fee requirements on certain temporary or removable‑flashboard weirs used for agricultural water deliveries; the committee passed the bill as amended and sent it to Appropriations.
Assemblymember Soria presented AB 639, which amends the Water Code definition of "dam" to exclude certain removable‑flashboard weirs used to control water depth for agricultural diversions. The author accepted committee amendments described in the staff analysis.
David Merritt, general manager of the Kings River Conservation District (KRCD), described the district’s experience managing weirs on the Kings River and said their evaluation showed these structures present low risk for human safety in failure scenarios, and that their exclusion from dam rules would reduce unnecessary regulatory and fee burdens on agricultural water delivery operations. KRCD commissioned GEI (represented by engineer Chris Ferrari) to provide a hydraulic and failure‑mode analysis that the proponents said demonstrated failures would remain within the river channel and not pose broader public safety risks.
Multiple water‑district and agricultural groups testified in support, including representatives from Pacheco, Kings River organizations, Association of California Water Agencies, California Farm Bureau, Tulare Lake Water Storage District and others. No opposition testimony was recorded at the hearing.
During the hearing, some committee members urged narrowing the bill to the Kings River area to limit statewide fiscal exposure to Department of Water Resources fees and to ensure the exemption does not unintentionally apply broadly. The author indicated willingness to work with staff and stakeholders on geographic scope as the bill moves forward.
The committee voted to pass the bill, as amended, to Appropriations. The author and proponents noted local maintenance responsibility and historical context — KRCD has served as a local maintaining agency since the mid‑20th century — as part of the justification for a tailored statutory exception.
