Dams: exceptions.

Assembly Member Soria's proposal to modify California's dam regulations would create a new exemption for certain agricultural weirs that meet specific safety and structural requirements. The legislation amends the Water Code's definition of dams to exclude barriers that function as weirs when they do not impound water above levee height and maintain at least three feet of freeboard.

Under current law, structures are exempt from dam regulations only if they are six feet or shorter in height, regardless of storage capacity, or can store 15 acre-feet or less of water, regardless of height. The bill adds a third exemption category specifically for weirs - defined as agricultural water delivery structures with removable flashboards or gates that regulate stream flow as part of federal flood control systems. To qualify for this exemption, weirs must operate below levee height and incorporate minimum freeboard requirements.

The Department of Water Resources, which oversees dam construction, maintenance and safety in California, would need to incorporate these new classification criteria into its regulatory framework. While the bill requires no state funding appropriation, it must undergo fiscal committee review before consideration by the full legislature.