Interstate water rights.

(1) Existing law provides that, with regard to a stream flowing across the state boundary, a right of appropriation having the point of diversion and place of use in another state and recognized by the laws of that state has the same force and effect as if the point of diversion and place of use were in this state. (2) Existing law provides that the provisions described in (1) apply to any appropriation or change in point of diversion, place of use, or purpose of use under a right to the use of waters from the Truckee River if the appropriation or change is made pursuant to a specified operating agreement entered into by the United States, the State of Nevada, and this state. Existing law provides that the provisions described in (1) do not apply to interstate lakes or streams flowing in or out of those lakes. This bill would recast these provisions. (3) Existing law provides that the provisions described in (1) do not apply to the Walker River and its tributaries or claimed rights of appropriation from the Walker River in the State of Nevada. This bill would provide that the provisions described in (1) apply to a right to the use of waters from the Walker River and its tributaries if the appropriation or change is not inconsistent with a prescribed court decree. (4) Existing law provides that an appropriation of water in this state from a stream flowing into this state for beneficial use in another state may be made only when, under the laws of the other state, water may be diverted in that state for beneficial use in this state. Existing law provides that the entire flow of water in any natural stream which carries water from this state into any other state is subject to use in this state under the laws of this state and that the rights to the use of this water held under the laws of this state are prior and superior to any rights to the waters of these streams held under the laws of any other state. This bill would repeal these provisions. This bill would provide, if the waters of an interstate body of water have been allocated between California and another state or Indian tribe by a compact, United States Supreme Court decree, or other appropriate method of allocating interstate waters, the State Water Resources Control Board is required to exercise its authority in a manner consistent with the rights and responsibilities of the State of California under that interstate allocation.