The vetoed bill would require covered state agencies to address tribes’ unequal access to water and offer financial help under existing program rules.
Covered agencies would address tribes’ unequal access to and control over water when setting relevant rules and decisions. They would also offer financial help under existing program rules.
Tribes and covered agencies would have to try mediation before a court challenge over the water policy. Disputed agency actions would pause, with an additional 60-day pause if talks fail.
During investigations of claimed water rights, the State Water Resources Control Board would have to consult upon request with tribes whose ancestral territory includes the waters involved.
State government would support California Native Americans in keeping their cultures and languages and caring for natural areas. It would also consult with tribes about policies that may affect them.
Covered state agencies would apply a policy addressing tribes’ unequal access to and control over water. This covers all California Native American tribes. Agencies include state and regional water boards, the Natural Resources Agency and its related bodies, the Delta Stewardship Council, and the Office of Land Use and Climate Innovation. Agencies would apply the policy when changing or creating policies, rules, permits, or grant criteria to address identified inequalities. The policy includes protecting tribal water uses, consulting tribes, and using Indigenous knowledge to restore and protect ecosystems. Agencies would identify and offer financial help under existing assistance program rules.
The Governor’s Office of Tribal Affairs would mediate disputes over how covered agencies carry out the tribal water policy. This applies to disputes between a California Native American tribe and an agency covered by the tribal water policy. The disputed agency action would pause during mediation. A tribe could leave mediation if it believes the agency is not negotiating in good faith. If no agreement is reached within the resolution period, the action would remain paused for another 60 days. Without agreement then, the office would issue a letter confirming completion of the required agency process. The office would convene a meeting within 30 days of referral, gather information for no more than 60 days from the initial meeting, and have no more than 30 days after gathering information ends to reach agreement.
The State Water Resources Control Board would have to consult with a covered tribe upon request during a water-rights investigation. This covers California Native American tribes whose ancestral territory includes water bodies involved in a claimed right to take or use water. Consultation would require a request.
State government would support California Native Americans in keeping their traditions and languages and caring for ecosystems. Support would cover California Native Americans, and consultation would cover all California Native American tribes. State and tribal governments would consult in good faith about policies that may affect tribal communities.
No hearings or votes scheduled.