AMENDED IN ASSEMBLY APRIL 16, 2026
AMENDED IN ASSEMBLY MARCH 19, 2026
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
97
Introduced by Assembly Member Calderon
(Coauthors: Assembly Members Carrillo, Garcia, Harabedian, Irwin, Macedo, Michelle Rodriguez, Blanca Rubio, and Wallis)
February 19, 2026
An act to amend Section 1398 of the Water Code, relating to water.
Vote: majority Appropriation: no Fiscal committee: yes Local program: no
LEGISLATIVE COUNSEL’S DIGEST
The Department of Water Resources operates the State Water Resources Development System, commonly referred to as the State Water Project.
Existing law requires that construction work for a project that will put appropriated water to beneficial use be commenced, prosecuted with due diligence, and completed within the time period specified in the water right permit. Existing law authorizes the State Water Resources Control Board to extend the deadline specified in the permit to commence or complete construction work and to put appropriated water to beneficial use for good cause shown.
This bill would require that the time periods for the application of water to beneficial use and for the completion of construction work for specific water right permits held by the Department of Water Resources for the
operation of the State Water Project be December 31, 2085. 2046.
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) The State Water Project is critical infrastructure that serves 27,000,000 Californians and 750,000 acres of farmland. The State Water Project is necessary to maintain California’s economy and quality of life.
(b) Climate change has caused unprecedented challenges for the State Water Project, including a diminished snowpack leading to reduced water runoff and changes in the timing of runoff, severe drought, groundwater overdraft causing land subsidence, and extreme atmospheric rivers causing flooding.
(c) To address the impacts of climate change, the Department of Water Resources must modernize the State Water Project by updating its long-term operation guidelines, planning a new point of diversion for a North Bay Aqueduct Project, working to develop additional water storage south of the Delta to capture wet year surplus water for drought-year supplies, and working to construct the Delta Conveyance Project. Together these efforts will enable the Department of Water Resources to put the water appropriated under permits 16477, 16478, 16479, 16480, 16481, and 16482 to beneficial use in the future.
(d) A time extension for permits 16477, 16478, 16479, 16480, 16481, and 16482 is necessary to allow the Department of Water Resources to complete these planning efforts and construction projects to modernize the State Water Project and make it resilient to climate change.
(e) The Department of Water Resources has proceeded with due diligence and good cause has been shown for the extension of time contained in this act.
(f) Due to the unique circumstances pertaining to the State Water Project, this act does not set a precedent for any other permit issued by the State Water Resources Control Board.
(g) It is the intent of the Legislature that the State Water Resources Control Board retain its full authority to administer and enforce permits 16477, 16478, 16479, 16480, 16481, and 16482 and that any future additional time extension for these permits be considered by the State Water Resources Control Board through existing administrative process.
SECTION 1.SEC. 2.
Section 1398 of the Water Code is amended to read:
1398.
(a) (1) The period specified in the permit for beginning construction work, for completion of construction work, for application of the water to beneficial use, or any or all of these periods may, for good cause shown, be extended by the board.
(2) After any hearing on a petition to extend the period or periods, the board may revoke the permit in accordance with Section 1410.
(b) (1) The time periods for application of water to beneficial use and for the completion of construction work for water right permits numbered 16477, 16478, 16479, 16480, 16481, and 16482 held by the Department of
Water Resources for the operation of the State Water Project shall be December 31, 2085. 2046.
(2) This subdivision shall not be construed as an approval of any proposed modification of physical facilities of the State Water Project, including the Delta Conveyance Project.