SB 697 California Senate · 2025-2026 Regular Session

Determination of water rights: stream system.

Summary

(1) Existing law authorizes the State Water Resources Control Board to hold proceedings to determine all rights to water of a stream system whether based upon appropriation, riparian right, or other basis of right. Existing law provides various requirements for the board when determining adjudication of water rights, including, among other things, performing a detailed field investigation of a stream system, as defined, issuing an order of determination, providing notice and a hearing process, and filing a final order. This bill would revise the above-described provisions regarding the board's statutory adjudication of water rights during an investigation of a stream system to, among other things, require representatives of the board to investigate in detail the use of water with the authority, but no requirement, to conduct a field investigation, authorize the board, if the board determines that the information provided by the person, as specified, is inadequate, to issue information orders that require claimants to submit reports of water use from the stream system through a form provided by the board, and require claimants to respond to that order within 75 days of the date of issuance by the board. (2) Existing law establishes procedures for reconsideration and amendment of specified decisions and orders of the board. Existing law authorizes any party aggrieved by a specified decision or order of the board to file, not later than 30 days from the date of final board action, a petition for writ of mandate for judicial review of the decision or order. This bill would apply the procedures for reconsideration, amendment, and judicial review to decisions and orders of the board issued pursuant to the provisions described above.

Bill status signed all 5 stages cleared

Introduction

Feb 2025

Committee Review

Aug 2025

Senate Passage

May 2025

Assembly Passage

Aug 2025

Signed into Law

Oct 2025

Introduced Feb 21, 2025 Signed Oct 6, 2025

Maddy AI version diff · 5 comparisons

What changed between versions

05/01/25 - Amended Senate → 07/03/25 - Amended Assembly · 4 edits · Jul 3, 2025

MODERATE

The Assembly amendment to SB 697 extends the deadline for responding to water board information orders from 45 days to 75 days and removes a requirement that reports be submitted on a monthly basis. It also consolidates response deadline provisions into a single section (Water Code Section 2556(e)) rather than having conflicting deadlines in two sections, simplifying the statutory framework for stream system adjudication investigations.

TIMELINE

The deadline for claimants to respond to information orders was extended from 45 days to 75 days. The old Section 2552 contained a 45-day deadline, while Section 2556(e) already had a 75-day deadline. The Assembly version removes the 45-day provision from Section 2552, leaving only the 75-day deadline in Section 2556(e).

REQUIREMENT

The requirement that claimants submit reports on a monthly basis was removed. The Senate version's digest referenced 'monthly reports of water use,' but the Assembly version simply says 'reports of water use' without specifying frequency.

TECHNICAL

Section 2552 was simplified by removing the response deadline and annual update language, which now appears only in Section 2556(e). This eliminates a potential conflict between two different deadlines (45 days in one section vs. 75 days in another) for responding to information orders.

Minor drafting cleanups: fixed a duplicated word in Section 1120 ('doctrine. doctrine' corrected to 'doctrine,'), corrected subsection numbering in Section 2551 (which had two subsections labeled (b)), and reorganized Section 2556 to remove a redundant sentence about cost-sharing that appeared in both subsection (a) and (c).

02/21/25 - Introduced → 05/01/25 - Amended Senate · 7 edits · May 1, 2025

MODERATE

The Senate amendment to SB 697 adds significant due process protections and procedural safeguards for water users facing information orders during stream adjudications. It extends the response deadline from 45 to 75 days, requires the board to make a written determination that existing information is inadequate before issuing an order, mandates that the board explain why information is needed and identify supporting evidence, and allows extensions for good cause. The bill also adds a new provision extending reconsideration and judicial review procedures to adjudication-related orders.

Scope change

The bill's scope expanded to include Water Code Section 1120, which brings adjudication-related orders under the board's existing reconsideration and judicial review framework. The practical effect is that information orders issued during stream adjudications are now subject to the same procedural protections as other board decisions.

ENFORCEMENT

New Section 1120 amendment extends existing reconsideration, amendment, and judicial review procedures (including the 30-day petition for writ of mandate) to decisions and orders issued under the water rights adjudication provisions, including information orders. This gives water users a formal path to challenge board actions in court.

REQUIREMENT

Section 2556 now requires the board to determine in writing that information already provided under Sections 1840 and 1841 is inadequate before it may issue an information order. This creates a prerequisite step that was not in the introduced version.

New subdivision (b) of Section 2556 requires that the burden of preparing reports bear a reasonable relationship to both the need for the information and the benefits to be obtained. The board must also provide a written explanation of why the information is needed and identify the evidence supporting the request.

TIMELINE

The deadline for responding to an information order was extended from 45 days to 75 days (Section 2556(e)).

ELIGIBILITY

Section 2556(e) now allows a recipient of an information order to request an extension of time for good cause shown, and the board shall not unreasonably deny such a request.

SCOPE

Section 2551 was changed so that field investigations are no longer mandatory. The board 'shall investigate in detail' water use but may (rather than must) conduct a field investigation. Field investigations may also be conducted at the request of the person being investigated.

TECHNICAL

Section 2600 changed 'After all field investigations' to 'After all investigations,' consistent with making field investigations optional rather than required.

Floor votes · Senate May 28, 2025 · Assembly Aug 29, 2025

How they voted

29–1

Passed · 10 other

Total votes 40

May 28, 2025

D Democratic30

28 Yea 2

93% Yea

R Republican10

1 Yea 1 Nay 8

10% Nay

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Oct 6, 2025

Signed into law

Approved by the Governor.

legislature

Sep 2, 2025

Upper · Passed

Assembly amendments concurred in. (Ayes 36. Noes 0. Page 2410.) Ordered to engrossing and enrolling.

upper

Aug 29, 2025

Introduced

In Senate. Concurrence in Assembly amendments pending.

upper

Aug 29, 2025

Lower · Passed

Read third time. Passed. (Ayes 66. Noes 0. Page 2793.) Ordered to the Senate.

lower

Aug 20, 2025

Lower · Passed

From committee: Do pass. (Ayes 13. Noes 0.) (August 20).

lower

Jul 9, 2025

Lower · Passed

From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 8). Re-referred to Com. on APPR.

lower

Jul 3, 2025

Lower · Passed

Read second time and amended. Re-referred to Com. on JUD.

lower

Jul 2, 2025

Lower · Passed

From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 11. Noes 0.) (July 1).

lower

Jun 5, 2025

Committee

Referred to Coms. on W. P., & W. and JUD.

lower

May 28, 2025

Upper · Passed

Read third time. Passed. (Ayes 29. Noes 1. Page 1272.) Ordered to the Assembly.

upper

May 12, 2025

Upper · Passed

From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

upper

May 1, 2025

Upper · Passed

May 5 hearing postponed by committee.

upper

May 1, 2025

Upper · Passed

From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

upper

Apr 23, 2025

Upper · Passed

From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 837.) (April 22). Re-referred to Com. on APPR.

upper

Mar 25, 2025

Upper · Passed

From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0. Page 532.) (March 25). Re-referred to Com. on JUD.

upper

Mar 5, 2025

Committee

Referred to Coms. on N.R. & W. and JUD.

upper

Feb 21, 2025

Introduced

Introduced. To Com. on RLS. for assignment. To print.

upper

1 primary · 0 co-sponsors