At its February 26, 2019 Board of Directors meeting, the San Luis Obispo County Farm Bureau voted to support AB 448, which would ease the stock pond water right process.
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 stock pond use 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.
Existing law provides that the owner of any dam or other water impoundment structure constructed prior to January 1, 1969, the capacity of which is not in excess of 10 acre-feet on January 1, 1975, and concerning which water rights litigation between private parties was not a matter of record prior to January 1, 1974, is declared to have a valid water right for the use of the water for specified purposes relating to livestock watering use, if that person files a claim for a water right with the board not later than December 31, 1997.
This bill would provide that the owner of a stock pond built prior to January 1, 2019, that does not have a capacity greater than 10 acre-feet has a valid water right for the principal purpose of watering livestock if that person files a claim for a water right with the board accompanied by a fee not later than December 31, 2021.
The certificate program will offer a “one and done” opportunity for ranchers to obtain a water right for stock ponds with a capacity of 10 acre-feet or less so long as the pond was constructed prior to January 1, 2019. Should the bill pass and be signed into law, ranchers with applicable ponds will be given two years to take advantage of the certificate program.
