An act to amend Section 6425 of, and to add Sections 6033 and 6034 to, to the Water Code, relating to dams and reservoirs.
AB 1146 would add a new Water Code prohibition against the release of stored water from a reservoir owned and operated by the United States in California when that release is made “under false pretenses.” The bill defines that phrase to mean a release made knowingly, intentionally, and through false or fraudulent representations about the purpose and intended use of the water. In practical terms, the measure is aimed at preventing federal reservoir operators from releasing water for a stated purpose that is allegedly not the real purpose.
The bill gives the State Water Resources Control Board new enforcement tools. The board could issue interim relief orders to stop a release it believes may violate the new prohibition, including emergency orders before a hearing if immediate action is needed to prevent harm to public health, other legal water users, or instream beneficial uses. The Attorney General could also seek temporary, preliminary, or permanent injunctive relief. Violations would be subject to civil liability of up to $10,000 per day, and the bill states that those penalties apply to the United States to the extent allowed by federal law, including under the McCarran Amendment.
AB 1146 would also amend existing Water Code penalty provisions so that violations of the new Section 6033 and related board orders are treated differently from the current misdemeanor framework for other dam and reservoir violations. Instead of the standard misdemeanor penalty in Section 6425(a), the bill creates a separate civil penalty structure for the new offense and authorizes additional collection and enforcement mechanisms if the United States does not pay. The bill further declares that no state reimbursement is required for local agencies or school districts.
The overall sentiment reflected in the voting history appears generally supportive but not unanimous. The bill advanced through committee and floor votes with clear majorities, suggesting substantial interest in the proposal’s water-management and accountability goals. At the same time, the fact that it was later held under submission and placed on suspense file indicates that fiscal, legal, or policy concerns remained unresolved as the bill moved through the process.
The main points of contention are likely the bill’s reach into federal reservoir operations, its attempt to regulate releases by the United States, and the legal theory behind applying state civil penalties to federal actors. The use of the phrase “false pretenses” may also be debated because it depends on proving intentional misrepresentation about the purpose of a water release. Supporters likely view the bill as a safeguard against misuse of stored water and a protection for other water users and instream flows, while critics may see it as potentially duplicative, difficult to enforce, or vulnerable to federal preemption challenges.
AB 1146 would add Sections 6033 and 6034 to the Water Code and amend Section 6425 to create a new enforcement regime for certain releases of stored water from federally owned and operated reservoirs in California. It would prohibit releases made under false pretenses, authorize the State Water Resources Control Board and the Attorney General to seek emergency and injunctive relief, and impose civil penalties of up to $10,000 per day for violations. The bill also carves these violations out of the existing misdemeanor penalty structure for dam and reservoir violations and states that the new penalties apply to the United States only to the extent permitted by federal law. Local agencies and school districts would not be entitled to reimbursement under the bill’s no-reimbursement clause.
The bill appears to have received generally favorable treatment in committee and on the Assembly floor, with multiple do-pass votes and substantial margins in the recorded votes. That pattern suggests broad concern about water-release accountability and support for giving state regulators stronger tools. However, the later suspense-file action and held-under-submission status indicate that the measure also raised enough legal, fiscal, or policy questions to slow final advancement.
The most notable contention centers on whether California can regulate and penalize the United States for reservoir releases, especially where federal water operations and federal law may control. Another likely point of dispute is the bill’s definition of “false pretenses,” which requires proof of intentional misrepresentation and could be difficult to apply in practice. There may also be disagreement over whether the State Water Resources Control Board should have emergency authority to halt releases before a hearing, and whether the bill could interfere with legitimate water management, public safety, or federal operational discretion. Supporters are likely focused on preventing deceptive water releases and protecting other users and instream beneficial uses, while opponents may emphasize enforceability, federal preemption, and administrative burden.