Vineyards, Salmon Aid Bill Signed by Governor

Gov. Jerry Brown today signed Assembly Bill 964, which streamline  the permit approval process for small off-stream water storage projects.≈

AB 964, introduced by Assemblymember Jared Huffman (D–San Rafael), is seen as helpful to struggling coastal salmon populations, winegrape growers and the State Water Resources Control Board.

Budding grape vines and certain other crops may be severely damaged by spring frosts. Sprinklers are often used to protect vineyards against frost, but since the threat can affect all vineyards in a particular area at the same time, this can lead to many operations all drawing water at once.  

The sudden reduction in stream flow can adversely affect fragile populations of salmon and other fish, hence the need to promote frost protection strategies that reduce direct instantaneous stream withdrawals.

AB 964 builds on the existing water rights registration process for small domestic and livestock stock ponds and adds small irrigation uses, which include irrigation, heat control or frost protection, so long as the project uses less than 20 acre-feet of water per year. By streamlining the approval of these projects, AB 964 will help many vineyard owners move their frost protection diversions to these small off-stream ponds instead of streams.

An additional benefit of the bill is to help clear the massive backlog of water rights applications at the State Water Resources Control Board (SWRCB). Fully one quarter of the SWRCB’s pending water rights applications are for uses of 20 acre-feet per year or less. By expediting the process for consideration of these applications, AB 964 will help the SWRCB eliminate much of its backlog.

"This bipartisan legislation shows that we don’t have to accept false choices between business and the environment such as the way the frost protection issue has been portrayed as fish vs. wine on the North Coast," Huffman said.

"Here we've demonstrated a creative solution could be found that protect salmon streams while respecting the need for growers to protect their premium winegrapes from frost," he added.

Huffman worked with a coalition represented by Trout Unlimited and the Wine Institute in drafting this important legislation, and received valuable technical advice from the State Water Resources Control Board.

"We are excited about the potential of this bill to help salmon and steelhead by making it easier for grape growers to redesign their frost water diversions," said Brian J. Johnson of Trout Unlimited.

 “We applaud the Governor for signing legislation that offers a proactive solution to frost protection challenges and supports California winegrowers’ commitment to environmental stewardship,” said Robert P. Koch, President and CEO of Wine Institute.