AB 2026 is a California Assembly bill recently introduced by Assemblymember Aguiar-Curry, referred on March 23, 2026, to the Assembly Committee on Water, Parks, and Wildlife. Although the bill is only about 25 percent of its way through the legislative process, it represents an early but consequential attempt to reduce legal and procedural barriers that limit when and how local water agencies can divert high-flows for groundwater recharge, with direct implications for Sustainable Groundwater Management Act (SGMA) compliance and flood response planning.
Current Legal Limitations to Flood-Managed Aquifer Recharge
Under existing California water law, diverting surface water for groundwater recharge is generally treated as an appropriation and requires a permit from the State Water Resources Control Board (State Board). That process is designed to ensure reasonable and beneficial use, protect existing water rights, and evaluate environmental impacts.
In practice, those requirements often impede recharge during high‑flow events. Permit applications require a water availability analysis, environmental review, public notice, and formal approval—steps that rarely align with the short window when storms produce excess flows. Although current law includes a limited exemption for certain floodflow diversions, those provisions are temporary and insufficient for repeatedly operated recharge projects.
What AB 2026 Proposes
AB 2026 would revise and expand several key parts of California water law in an attempt to better align regulatory procedures with how floodflow events actually occur.
- Expanded Authority for High‑Flow Diversions
The bill revises and extends the conditions under which diversions of high-flows for groundwater recharge may proceed without requiring an appropriative water right. It permanently removes the sunset date for the existing exemption and broadens the definition of qualifying flows to include water released from dams for flood control purposes. This change is intended to allow recharge projects to operate in coordination with reservoir flood‑management practices.
- Streamlined Environmental and Wildlife Review
For qualifying recharge diversions, AB 2026 would exempt projects from the California Environmental Quality Act (CEQA) and from California Department of Fish and Wildlife’s (CDFW) Lake and Streambed Alteration Agreement (LSAA) requirements, provided specified safeguards are met, including tribal consultation.
- Predictable Permitting Timelines for Minor Applications
The bill expands eligibility for simplified “minor applications” to include private entities operating under agreements with groundwater sustainability agencies (GSAs). Diversions that are substantially similar to those previously authorized under temporary permits for at least five years could skip additional field investigations if they do not increase diversion amounts or locations. The bill would require the State Board to give public notice of the minor application within 30 days of the application’s filing, to allow 45 days from the date of the notice for the filing of comments, and to issue a decision within 180 days of the deadline for submitting comments on the application. Permits issued under this process would also be exempt from CEQA and CDFW’s LSAA permitting requirements if certain conditions are met.
- Recharge as an “Urgent Need” for GSAs
AB 2026 also broadens the definition of “urgent need” to include a GSA, or partner landowner operating under an agreement with a GSA, diverting and using water to augment an overdrafted groundwater basin’s recharge to support implementation of that basin’s Groundwater Sustainability Plan (GSP).
What This Means for GSAs and Local Water Agencies
For GSAs, AB 2026 could materially change how recharge is incorporated into GSPs. Instead of relying on sporadic or temporary authorizations, GSAs could plan for recurring high‑flow diversions, coordinate with reservoir operators, or formalize partnerships with landowners in advance of storms. For water districts, the bill could support integration of flood operations, conveyance, and recharge infrastructure.
Importantly, AB 2026 does not allow new water rights to be claimed through recharge or eliminate protections for other water rights holders.
Planning Implications for GSAs and Local Water Agencies
If AB 2026 advances, GSAs and water districts should consider:
- Identifying recharge sites that could qualify for streamlined authorization;
- Developing groundwater recharge infrastructure or conducting groundwater recharge pilot programs;
- Reviewing any existing temporary permits that may be converted to longer‑term approvals;
- Discussing agreements with landowners to reflect expanded eligibility; and
- Monitoring committee amendments related to safeguards and the scope of AB 2026.
For inquiries or additional information, please contact:
Somach Simmons & Dunn provides the information in its Environmental Law & Policy Alerts and on its website for informational purposes only. This general information is not a substitute for legal advice, and users should consult with legal counsel for specific advice. In addition, using this information or sending electronic mail to Somach Simmons & Dunn or its attorneys does not create an attorney-client relationship with Somach Simmons & Dunn.
Read more news and alerts »
Somach Simmons & Dunn | Attorneys at Law
