Water rights: appropriation: small restoration use.

Assembly Member Aguiar-Curry's water rights legislation expands California's water appropriation framework to include small restoration projects, creating a new pathway for environmental enhancement efforts while maintaining existing provisions for domestic, irrigation, and livestock uses.

The bill establishes "small restoration use" as a distinct category of water rights, allowing diversions of up to 42,000 gallons per day or storage of up to 20 acre-feet annually for projects that restore or enhance fish and wildlife habitat. Registrants seeking these rights must obtain a restoration management permit from the Department of Fish and Wildlife and include any permit conditions in their water rights certification. The legislation also requires registrants to reduce other diversions during low-flow periods if they divert water during high-flow conditions.

For stream segments where the Director of Fish and Wildlife has proposed specific flow requirements, the bill prohibits new water rights registrations until the State Water Resources Control Board establishes instream flow requirements. These requirements must incorporate the Director's proposed standards. Existing registrations filed before the Director's flow proposals remain valid, though renewal conditions may include additional protections for stream-dependent fish and wildlife resources.

The registration process maintains its five-year renewal cycle, with current board conditions superseding original registration terms upon renewal. Registrants must submit water use reports and applicable fees to maintain their rights, as failure to comply results in automatic revocation. The board continues to publish monthly lists of new registrations and facilitate public protest procedures for stockpond applications.