BILL NUMBER: SB 1425	CHAPTERED  09/20/06

	CHAPTER  374
	FILED WITH SECRETARY OF STATE  SEPTEMBER 20, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 20, 2006
	PASSED THE SENATE  AUGUST 22, 2006
	PASSED THE ASSEMBLY  AUGUST 10, 2006
	AMENDED IN ASSEMBLY  JUNE 8, 2006
	AMENDED IN SENATE  MARCH 29, 2006

INTRODUCED BY   Senator Kuehl
   (Coauthor: Assembly Member Strickland)

                        FEBRUARY 22, 2006

   An act to amend Section 5009 of the Water Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1425, Kuehl  Groundwater extraction.
   Existing law, with certain exceptions, requires a person who,
after 1955, extracts groundwater in excess of 25 acre-feet in any
year in the Counties of Riverside, San Bernardino, Los Angeles, and
Ventura to file with the State Water Resources Control Board an
annual notice of extraction. Existing law, with certain exceptions,
provides that, after 1959, the failure to file a notice for any
calendar year within 6 months after the close of that calendar year
is equal to nonuse of the groundwater in those counties for that
calendar year by each person failing to so file. Existing law
requires each person who extracts groundwater in a board-designated
local area and who is otherwise subject to these described
provisions, to file the required notice with a local public agency or
court-appointed watermaster that has been designated by the board to
receive the notice (local agency), instead of the board. Existing
law defines "board-designated local area" as the area entirely within
the jurisdiction of the local agency that the board has determined
is to be subject to these provisions. Existing law authorizes the
board to designate an entity as a local agency for those purposes if
the board determines the local agency meets specified requirements,
including a requirement that the entity has volunteered to be
designated. Existing law requires the local agency to make the
extraction information available to the public.
   This bill would modify the definition of "board-designated local
area" to include any area for which the local agency has formally
agreed to accept the required notice. The bill would require the
board to designate an entity as a local agency if the board
determines the local agency meets the specified requirements. The
bill would require the local agency to make the extraction
information available to governmental agencies instead of the public.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 5009 of the Water Code is amended to read:
   5009.  (a) (1) Notwithstanding any other provision of this part,
on and after January 1, 2005, each person who extracts groundwater in
a board-designated local area, and who is otherwise subject to this
part, shall file the required notice with the appropriate local
agency designated pursuant to subdivision (e), instead of the board,
in accordance with this part. The notice shall be on a form provided
by the local agency and the content of the form shall be determined
by the local agency in accordance with Section 5002. To the extent
possible, the form shall consolidate the notice required under this
section with other reports required by the local agency relating to
the extraction of groundwater.
   (2) A person who is subject to this section is subject to this
part in the same manner and to the same extent as a person who files
his or her notice with the board.
   (b) Each notice filed with the local agency may include a filing
fee determined by the local agency. If the local agency chooses to
impose a filing fee, the local agency shall calculate the amount of
the fee to pay for administrative expenses incurred in connection
with the processing, compiling, and retaining of the notices, but in
no event shall the fee amount exceed that amount charged by the board
pursuant to Section 5006.
   (c) The local agency shall make available to governmental agencies
the information collected pursuant to this section.
   (d) For the purposes of this section:
   (1) "Board-designated local area" means the area entirely within
the jurisdiction of the local agency that the board has determined
shall be subject to this section, and any area for which the local
agency has formally agreed to accept the required notice.
   (2) "Local agency" means the local public agency or court
appointed watermaster that has been designated by the board in
accordance with subdivision (e).
   (e) The board shall designate an entity as a local agency for the
purposes of this section, if the board determines that all of the
following apply:
   (1) The entity has volunteered to be designated.
   (2) The entity has responsibilities relating to the extraction or
use of groundwater.
   (3) The entity has made satisfactory arrangements with the board
to identify which groundwater extractors are within the designated
local area and to avoid the submission of notices to both the board
and one or more local agencies.
   (4) The entity has made satisfactory arrangements with the board
to maintain records filed under this part for extractions within the
designated local area, and to make those records available to
governmental agencies.