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Committee okays narrow exception for irrigation weirs in dam definition; bill moves to appropriations
Summary
AB 639 would exempt certain agricultural weirs from the statutory definition of dams to avoid unnecessary regulatory burdens; sponsors and local water districts said the structures pose low risk and the committee advanced the bill with amendments.
Assemblymember Soria presented AB 639 and accepted committee amendments that narrow the bill’s scope. The measure would create a limited exception to California's statutory definition of dams so that certain removable-flashboard weirs used for irrigation and water delivery are not treated as jurisdictional dams subject to the same inspection, maintenance and fee requirements.
Supporters described the weirs as small, removable structures that do not cross entire river channels and which allow high flows to pass around them. David Merritt, general manager of Kings River Conservation District, told the committee KRCD manages about 1.2 million acres of agricultural land and that the district has operated similar weirs for more than a century without observed public-health or safety issues. Chris Ferrari, a water-resources engineer with GEI, said his hydraulic evaluation showed hypothetical failures of the weirs would convey flows within the river channel and present no significant public safety risk.
Speakers from agricultural and water interests registered support, including representatives of the Paliag Water Coalition, California Association of Wine Grape Growers, Kings River Water Association, Association of California Water Agencies, California Farm Bureau and Tulare Lake Water Storage District.
Assemblymember Bennett suggested narrowing the bill’s geographic scope to the Kings River area to reduce potential statewide fiscal or regulatory effects; the author said staff would work with agencies and stakeholders to refine the language. The committee passed AB 639 as amended to Appropriations.
Supporters characterized AB 639 as a targeted fix to preserve efficient irrigation operations and reduce regulatory burden where risk is low; the author and witnesses said they would work with Department of Water Resources and Division of Safety of Dams on final language before floor consideration.
