Water infrastructure: dams and reservoirs: water release: false pretenses., the official text

An act to add Sections 6033 and 6034 to the Water Code, relating to dams and reservoirs.

LEGISLATIVE COUNSEL'S DIGEST

Existing law provides for the regulation and supervision of dams and reservoirs exclusively by the state. Under existing law, a person who violates certain provisions related to the regulation and supervision of dams and reservoirs or of any approval, order, rule, regulation, or requirement of the Department of Water Resources is guilty of a misdemeanor, as specified.
This bill would prohibit the release of stored water from a reservoir owned and operated by the United States in this state if the release is done under false pretenses, which the bill would define to mean a release of water from a reservoir owned and operated by the United States in a manner that is knowingly, designedly, and intentionally under any false or fraudulent representation as to the purpose and intended use of the water. The bill would authorize the State Water Resources Control Board or the Attorney General, as provided, to bring an action for injunctive relief for a violation of the above-described prohibition. By expanding the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1.
Section 6033 is added to the Water Code, immediately following Section 6032, to read:
6033.
(a) The release of stored water from a reservoir owned and operated by the United States in this state is prohibited if the release is done under false pretenses.
(b) A release under false pretenses shall mean a release of water from a reservoir owned and operated by the United States in a manner that is knowingly, designedly, and intentionally under any false or fraudulent representation as to the purpose and intended use of the water.

SEC. 2.
Section 6034 is added to the Water Code, to read:
6034.
An action for the issuance of injunctive relief as may be warranted by way of temporary restraining order, preliminary injunction, or permanent injunction, may be brought by the board, the Attorney General on behalf of the board, or in the Attorney General’s independent capacity in the name of the people of the State of California, where a release of stored water is threatened, is occurring, or has occurred in violation of Section 6033.

SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.