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“The Governor’s action cements a significant step toward improving the transparency, objectivity and accountability for California’s water rights administration and enforcement,” said BBID GM Rick Gilmore. “This law will go a long way toward implementing the necessary checks and balances, as well as restoring the water community’s faith in the process.”

AB 747 establishes a fairer process for water right holders who for many years felt they had little choice but to settle enforcement actions brought against them by the State Water Resources Control Board (SWRCB). The SWRCB currently acts as both prosecutor and judge in enforcement actions initiated by the Board. This bill creates an Administrative Hearings Office within the SWRCB. Expert attorneys will serve as hearing officers to hear and adjudicate complex, critically important water rights matters. A similar structure is already in effect for many state agencies.

This legislation is the response to AB 313, which was introduced last session by Assemblymember Adam Gray (D-Merced), and ultimately vetoed by Governor Brown. Since then, BBID and other local government districts proactively engaged the Brown Administration to find common ground.  AB 747 is the result of that effort.

“On behalf of the BBID Board of Directors, I would like to thank Assemblymember Caballero and her staff for all of their hard work, and recognize Assemblymember Gray’s important contributions at the outset of this effort,” said BBID Board President Russell Kagehiro. “We must also thank Governor Brown and his Administration for their recognition of this critical issue impacting communities statewide, and for their collaboration to reach a solution.”

The new hearing unit will take effect in the coming months.

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“We commend Assemblymember Caballero for taking on this core issue impacting communities across California,” said BBID GM Rick Gilmore. “This good governance legislation is the result of constructive collaboration with the Brown Administration and a collective recognition of the need for greater transparency, accountability, and – above all – fairness in our water rights administration.”

Currently, the State Water Resources Control Board (SWRCB) acts as both prosecutor and judge in enforcement actions the Board initiates against water users. AB 747 removes that built-in conflict of interest by creating an Administrative Hearings Office within the SWRCB. Expert attorneys will act as an objective third party to oversee and adjudicate complex, critically important water rights matters.

“Too often, water right holders feel they have no choice but to settle enforcement actions given the current structure,” Gilmore added. “AB 747 levels the playing field and will help restore faith in the process, ensuring water right holders get a fair shake as guaranteed by our Constitution.”

AB 747 is a follow-up to AB 313, which was previously introduced by Assemblymember Adam Gray (D-Merced). AB 313 passed the Legislature with similarly strong support on both sides of the aisle, but was ultimately vetoed by Governor Brown. Since then, all parties have engaged in productive dialogue to reach a compromise that provides important protections for water rights holders.

“We would be remiss if we didn’t recognize Assemblymember Gray’s work on this issue,” Gilmore said. “From the very beginning, he championed this cause. We wouldn’t be where we are tonight without his tireless dedication.”

AB 747 now heads to Governor Brown’s desk for his signature.

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