BILL NUMBER: AB 224	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wolk

                        JANUARY 29, 2007

   An act to amend Section 10631 of, to add Sections 142, 10004.7,
and 13248 to, and to repeal and add Part 2.8 (commencing with Section
10800) of Division 6 of, the Water Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 224, as introduced, Wolk. Water supply planning.
   (1) Under existing law, the Department of Water Resources operates
the State Water Project, which includes state water facilities, as
defined.
   This bill would require the department, commencing in 2008, and
every 2 years thereafter, to prepare and deliver to all State Water
Project contractors, all city and county planning departments, and
all regional and metropolitan planning departments within the project
service area, a report that accurately sets forth, under a range of
hydrologic conditions, the then-existing overall delivery capability
of the project facilities and the allocation of that capacity to each
contractor.
   (2) Under existing law, a plan for the orderly and coordinated
control, protection, conservation, development, and utilization of
the water resources of the state is known as the California Water
Plan. The department is required to update the plan on or before
December 31, 2003, and every 5 years thereafter. Existing law
requires the plan to include a discussion of specified topics.
   This bill would require the department, as part of updating the
plan, to include an analysis of the effect of climate change on
future water supplies.
   (3) Existing law requires every urban water supplier to prepare
and adopt an urban water management plan with prescribed components.
Existing law requires the urban water supplier to update its plan at
least once every 5 years, as specified.
   This bill would require the urban water supplier, as part of
updating the plan, to include an analysis of the effect of climate
change on future water supplies.
   (4) Existing law relating to agricultural water management
planning, until January 1, 1993, and thereafter only as specified,
provides for the preparation and adoption of water management plans.
That law defines "agricultural water supplier" or "supplier" to mean
a supplier, either publicly or privately owned, supplying more than
50,000 acre-feet of water annually for agricultural purposes.
   This bill would substantially revise existing law relating to
agricultural water management planning to require every agricultural
water supplier to prepare and adopt an agricultural water management
plan, as prescribed, on or before December 31, 2011. The bill would
delete the definition of "agricultural water supplier" and "supplier"
and would, instead, require the department to conduct a survey of
entities that supply water for agricultural purposes to gather data,
assess, analyze that data, and recommend the appropriate minimum size
of an agricultural water supplier that should prepare an
agricultural water management plan. The department would be required
to report its findings and recommendations, in writing, to the
Governor and the Legislature before January 1, 2009. The bill would
state the intent of the Legislature to respond to the department's
report by enacting legislation defining the term "agricultural water
supplier." The bill would require every person that becomes an
agricultural water supplier after December 31, 2011, to adopt an
agricultural water management plan within one year after it has
become an agricultural water supplier. An agricultural water supplier
would be required to update the plan at least once every 5 years,
and to submit the plan to prescribed entities. The bill would make an
agricultural water supplier that fails to prepare, adopt, and submit
a plan ineligible for funds made available pursuant to any program
administered by the State Water Resources Control Board, the
department, or the California Bay-Delta Authority.
   The bill would repeal these provisions relating to agricultural
water management planning on January 1, 2011, unless the department
determines that legislation has been enacted to define the term
"agricultural water supplier" for the purposes of these provisions.
   (5) Under existing law, the State Water Resources Control Board
and the California regional water quality control boards adopt and
revise water quality control plans that establish water quality
objectives to ensure the reasonable protection of beneficial uses and
the prevention of nuisance.
   This bill would require the state board or a regional board, for
the purpose of adopting or revising a water quality control plan, to
consider, as appropriate, a reasonable range of plausible
hydrological, temperature, and sea level-rise scenarios resulting
from climate change.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 142 is added to the Water Code, to read:
   142.  Commencing in 2008, and every two years thereafter, the
department shall prepare and deliver to each State Water Project
contractor, city, and county planning department, and each regional
and metropolitan planning department within the project service area,
a report that accurately sets forth, under a range of hydrologic
conditions, including those reflecting climate change projections,
the then-existing overall delivery capability of the project
facilities and the allocation of that capacity to each contractor.
The range of hydrologic conditions shall include the historic
extended dry cycle and the long-term average. The biennial report
shall also disclose, for each of the 10 years immediately preceding
the report, the total amount of project water delivered and the
amount of project water delivered to each contractor. The information
presented in each report shall be presented in a manner readily
understandable by the public.
  SEC. 2.  Section 10004.7 is added to the Water Code, to read:
   10004.7.  As part of updating the California Water Plan pursuant
to subdivision (b) of Section 10004, the department shall include an
analysis of the effect of climate change on future water supplies.
  SEC. 3.  Section 10631 of the Water Code is amended to read:
   10631.  A plan shall be adopted in accordance with this chapter
 and   . That plan  shall do all of the
following:
   (a) Describe the service area of the supplier, including current
and projected population, climate, and other demographic factors
affecting the supplier's water management planning. The projected
population estimates shall be based upon data from the state,
regional, or local service agency population projections within the
service area of the urban water supplier and shall be in five-year
increments to 20 years or as far as data is available.
   (b) Identify and quantify, to the extent practicable, the existing
and planned sources of water available to the supplier over the same
five-year increments described in subdivision (a). If groundwater is
identified as an existing or planned source of water available to
the supplier, all of the following information shall be included in
the plan:
   (1) A copy of any groundwater management plan adopted by the urban
water supplier, including plans adopted pursuant to Part 2.75
(commencing with Section 10750), or any other specific authorization
for groundwater management.
   (2) A description of any groundwater basin or basins from which
the urban water supplier pumps groundwater. For those basins for
which a court or the board has adjudicated the rights to pump
groundwater, a copy of the order or decree adopted by the court or
the board and a description of the amount of groundwater the urban
water supplier has the legal right to pump under the order or decree.
For basins that have not been adjudicated, information as to whether
the department has identified the basin or basins as overdrafted or
has projected that the basin will become overdrafted if present
management conditions continue, in the most current official
departmental bulletin that characterizes the condition of the
groundwater basin, and a detailed description of the efforts being
undertaken by the urban water supplier to eliminate the long-term
overdraft condition.
   (3) A detailed description and analysis of the location, amount,
and sufficiency of groundwater pumped by the urban water supplier for
the past five years. The description and analysis shall be based on
information that is reasonably available, including, but not limited
to, historic use records.
   (4) A detailed description and analysis of the amount and location
of groundwater that is projected to be pumped by the urban water
supplier. The description and analysis shall be based on information
that is reasonably available, including, but not limited to, historic
use records.
   (c) (1) Describe the reliability of the water supply and
vulnerability to seasonal or climatic shortage, to the extent
practicable, and provide data for each of the following:
   (A) An average water year.
   (B) A single dry water year.
   (C) Multiple dry water years.
   (2) For any water source that may not be available at a consistent
level of use, given specific legal, environmental, water quality, or
climatic factors, describe plans to supplement or replace that
source with alternative sources or water demand management measures,
to the extent practicable.
   (d) Describe the opportunities for exchanges or transfers of water
on a short-term or long-term basis.
   (e) (1) Quantify, to the extent records are available, past and
current water use, over the same five-year increments described in
subdivision (a), and projected water use, identifying the uses among
water use sectors, including, but not necessarily limited to, all of
the following uses:
   (A) Single-family residential.
   (B) Multifamily.
   (C) Commercial.
   (D) Industrial.
   (E) Institutional and governmental.
   (F) Landscape.
   (G) Sales to other agencies.
   (H) Saline water intrusion barriers, groundwater recharge, or
conjunctive use, or any combination thereof.
   (I) Agricultural.
   (2) The water use projections shall be in the same five-year
increments described in subdivision (a).
   (f) Provide a description of the supplier's water demand
management measures. This description shall include all of the
following:
   (1) A description of each water demand management measure that is
currently being implemented, or scheduled for implementation,
including the steps necessary to implement any proposed measures,
including, but not limited to, all of the following:
   (A) Water survey programs for single-family residential and
multifamily residential customers.
   (B) Residential plumbing retrofit.
   (C) System water audits, leak detection, and repair.
   (D) Metering with commodity rates for all new connections and
retrofit of existing connections.
   (E) Large landscape conservation programs and incentives.
   (F) High-efficiency washing machine rebate programs.
   (G) Public information programs.
   (H) School education programs.
   (I) Conservation programs for commercial, industrial, and
institutional accounts.
   (J) Wholesale agency programs.
   (K) Conservation pricing.
   (L) Water conservation coordinator.
   (M) Water waste prohibition.
   (N) Residential ultra-low-flush toilet replacement programs.
   (2) A schedule of implementation for all water demand management
measures proposed or described in the plan.
   (3) A description of the methods, if any, that the supplier will
use to evaluate the effectiveness of water demand management measures
implemented or described under the plan.
   (4) An estimate, if available, of existing conservation savings on
water use within the supplier's service area, and the effect of the
savings on the supplier's ability to further reduce demand.
   (g) An evaluation of each water demand management measure listed
in paragraph (1) of subdivision (f) that is not currently being
implemented or scheduled for implementation. In the course of the
evaluation, first consideration shall be given to water demand
management measures, or combination of measures, that offer lower
incremental costs than expanded or additional water supplies. This
evaluation shall do all of the following:
   (1) Take into account economic and noneconomic factors, including
environmental, social, health, customer impact, and technological
factors.
   (2) Include a cost-benefit analysis, identifying total benefits
and total costs.
   (3) Include a description of funding available to implement any
planned water supply project that would provide water at a higher
unit cost.
   (4) Include a description of the water supplier's legal authority
to implement the measure and efforts to work with other relevant
agencies to ensure the implementation of the measure and to share the
cost of implementation.
   (h) Include a description of all water supply projects and water
supply programs that may be undertaken by the urban water supplier to
meet the total projected water use as established pursuant to
subdivision (a) of Section 10635. The urban water supplier shall
include a detailed description of expected future projects and
programs, other than the demand management programs identified
pursuant to paragraph (1) of subdivision (f), that the urban water
supplier may implement to increase the amount of the water supply
available to the urban water supplier in average, single-dry, and
multiple-dry water years. The description shall identify specific
projects and include a description of the increase in water supply
that is expected to be available from each project. The description
shall include an estimate with regard to the implementation timeline
for each project or program.
   (i) Describe the opportunities for development of desalinated
water, including, but not limited to, ocean water, brackish water,
and groundwater, as a long-term supply. 
   (j) Include, as part of any update prepared pursuant to
subdivision (a) of Section 10621, an analysis of the effect of
climate change on future water supplies.  
   (j) 
   (k) Urban water suppliers that are members of the California Urban
Water Conservation Council and submit annual reports to that council
in accordance with the "Memorandum of Understanding Regarding Urban
Water Conservation in California," dated September 1991, may submit
the annual reports identifying water demand management measures
currently being implemented, or scheduled for implementation, to
satisfy the requirements of subdivisions (f) and (g). 
   (k) 
    (l)  Urban water suppliers that rely upon a wholesale
agency for a source of water shall provide the wholesale agency with
water use projections from that agency for that source of water in
five-year increments to 20 years or as far as data is available. The
wholesale agency shall provide information to the urban water
supplier for inclusion in the urban water supplier's plan that
identifies and quantifies, to the extent practicable, the existing
and planned sources of water as required by subdivision (b),
available from the wholesale agency to the urban water supplier over
the same five-year increments, and during various water-year types in
accordance with subdivision (c). An urban water supplier may rely
upon water supply information provided by the wholesale agency in
fulfilling the plan informational requirements of subdivisions (b)
and (c).
  SEC. 4.  Part 2.8 (commencing with Section 10800) of Division 6 of
the Water Code is repealed.
  SEC. 5.  Part 2.8 (commencing with Section 10800) is added to
Division 6 of the Water Code, to read:

      PART 2.8.  AGRICULTURAL WATER MANAGEMENT PLANNING


      CHAPTER 1.  GENERAL DECLARATIONS AND POLICY


   10800.  This part shall be known and may be cited as the
Agricultural Water Management Planning Act.
   10801.  The Legislature finds and declares all of the following:
   (a) The waters of the state are a limited and renewable resource.
   (b) The California Constitution requires that water in the state
be used in a reasonable and beneficial way.
   (c) Urban water districts are required to adopt water management
plans.
   (d) More than three-fourths of the water used in the state is used
for agricultural purposes.
   (e) The conservation of agricultural water supplies is of great
statewide concern.
   (f) There is a great amount of reuse of delivered water, both
inside and outside the water service areas.
   (g) Significant noncrop beneficial uses are associated with
agricultural water use, including streamflows and wildlife habitat.
   (h) Significant opportunities exist in some areas, through
improved irrigation water management, to conserve water or to reduce
the quantity of highly saline or toxic drainage water.
   (i) Changes in water management practices should be carefully
planned and implemented to minimize adverse effects on other
beneficial uses currently being served.
   (j) Agricultural water suppliers that receive water from the
federal Central Valley Project are required by federal law to prepare
and implement water conservation plans.
   (k) Agricultural water users applying for a permit to appropriate
water from the board are required to prepare and implement water
conservation plans.
   10802.  The Legislature finds and declares that all of the
following is the policy of the state:
   (a) The conservation of water shall be pursued actively to protect
both the people of the state and the state's water resources.
   (b) The conservation of agricultural water supplies shall be an
important criterion in public decisions with regard to water.
   (c) Agricultural water suppliers shall be required to prepare
water management plans to achieve conservation of water.
      CHAPTER 2.  DEFINITIONS


   10810.  Unless the context otherwise requires, the definitions set
forth in this chapter govern the construction of this part.
   10811.  "Agricultural water management plan" or "plan" means an
agricultural water management plan prepared pursuant to this part.
   10812.  "Conservation" means the use of cost-effective measures
that reduce evapotranspiration, evaporation, or flows to unusable
water bodies in order to prevent the waste, the unreasonable use, or
the unreasonable method of use of water.
   10813.  "Customer" means a purchaser of water from a water
supplier who uses water for agricultural purposes.
   10814.  "Person" means any individual, firm, association,
organization, partnership, business, trust, corporation, company,
public agency, or any agency of that entity.
   10815.  "Public agency" means any city, county, city and county,
special district, or other public entity.
   10816.  (a) The Legislature finds and declares that there are
insufficient objective data to determine the proper size of an
agricultural water supplier that should prepare an agricultural water
management plan pursuant to this part. The Legislature further finds
and declares that the factors that should be considered in making
such a determination include all of the following:
   (1) The amount of water delivered by the supplier.
   (2) The number of customers of the supplier.
   (3) The supplier's technical and financial capacity to prepare a
plan.
   (4) The potential contribution of the plan to the improvement of
the local and regional efficiency of agricultural water use.
   (b) (1) The department shall conduct a survey of entities that
supply water for agricultural purposes to gather data, assess and
analyze that data, and recommend the appropriate minimum size of an
agricultural water supplier that should prepare an agricultural water
management plan pursuant to this part.
   (2) It is the intent of the Legislature that, in finalizing its
recommendations, the department consult with those agricultural water
suppliers that would meet or narrowly exceed the recommended
threshold, as well as other interested parties.
   (3) The department shall report its findings and recommendations,
in writing, to the Governor and the Legislature before January 1,
2009.
   (c) It is the intent of the Legislature to respond to the report
prepared pursuant to subdivision (b) by enacting legislation defining
the term "agricultural water supplier" for the purposes of this
part.
      CHAPTER 3.  AGRICULTURAL WATER MANAGEMENT PLANS



      Article 1.  General Provisions


   10820.  (a) An agricultural water supplier shall prepare and adopt
an agricultural water management plan in the manner set forth in
this chapter on or before December 31, 2011.
   (b) Every person that becomes an agricultural water supplier after
December 31, 2011, shall adopt an agricultural water management plan
within one year after the date it has become an agricultural water
supplier.
   (c) A water supplier that indirectly provides water to customers
for agricultural purposes shall not prepare a plan pursuant to this
part without the consent of each agricultural water supplier that
directly provides that water to its customers.
   (d) An agricultural water supplier, to the extent practicable,
shall coordinate the preparation of its plan with other appropriate
entities in the area, including, but not limited to, other water
suppliers that share a common source, water management agencies, and
relevant public agencies.
   (e) An agricultural water supplier may prepare the plan with its
own staff, by contract, or in cooperation with public agencies.
   10821.  (a) An agricultural water supplier shall update its plan
at least once every five years on or before December 31, in years
ending in six or one.
   (b) An agricultural water supplier required to prepare a plan
pursuant to this part shall notify each city or county within which
the supplier provides water supplies that the agricultural water
supplier will be preparing the plan, or reviewing the plan and
considering amendments or changes to the plan. The agricultural water
supplier may consult with, and obtain comments from, each city or
county that receives notice pursuant to this subdivision.
   (c) The amendments to, or changes in, the plan shall be adopted
and submitted in the manner set forth in Article 3 (commencing with
Section 10840).
   (d) An agricultural water supplier shall prepare and submit to the
department, in years ending in four and nine, a report assessing
progress in implementing the plan. The progress report shall include
a discussion of the specific water management programs that have been
or are planned to be implemented, any variations from the adopted
plan, and factors affecting the implementation of the plan.

      Article 2.  Contents of Plans


   10825.  (a) It is the intent of the Legislature in enacting this
part to allow levels of water management planning commensurate with
the numbers of customers served and the volume of water supplied.
   (b) This part does not require the implementation of water
conservation programs or practices that are not locally cost
effective.
   10826.  A plan shall be adopted in accordance with this chapter.
That plan shall do all of the following:
   (a) Describe the agricultural water supplier and the service area,
including all of the following:
   (1) History and size of the service area.
   (2) Location of the service area and its water management
facilities.
   (3) Terrain and soils.
   (4) Climate.
   (5) Operating rules and regulations.
   (6) Water delivery measurements or calculations.
   (7) Water rate schedules and billing.
   (8) Water shortage allocation policies.
   (b) Describe the quantity and quality of water resources of the
agricultural water supplier, including all of the following:
   (1) Surface water supply.
   (2) Groundwater supply.
   (3) Other water supplies.
   (4) Source water quality monitoring practices.
   (5) Water uses within the agricultural water supplier's service
area, including all of the following:
   (A) Agricultural.
   (B) Environmental.
   (C) Recreational.
   (D) Municipal and industrial.
   (E) Groundwater recharge.
   (F) Transfers and exchanges.
   (G) Other water uses.
   (6) Drainage from the water supplier service area.
   (7) Water accounting, including:
   (A) Quantifying the water supplier's water supplies.
   (B) Tabulating water uses.
   (C) Overall water budget.
   (8) Water supply reliability.
   (c) Include an analysis of the effect of climate change on future
water supplies.
   (d) Describe previous water management activities.
   (e) Identify efficient water management practices, including the
use of tools and strategies that maximize resources and minimize the
need to import water from other regions.
   (f) Include a cost benefit analysis of all applicable water
management practices.
   (g) Develop a strategy and schedule for implementation of water
management practices that are locally cost effective, estimate the
budget needed for implementation, and identify the results expected
from full implementation of the plan.
   10827.  Agricultural water suppliers that are members of the
Agricultural Water Management Council, and that submit water
management plans to that council in accordance with the "Memorandum
of Understanding Regarding Efficient Water Management Practices By
Agricultural Water Suppliers In California," dated January 1, 1999,
may submit the water management plans identifying water demand
management measures currently being implemented, or scheduled for
implementation, to satisfy the requirements of Section 10826.
   10828.  (a) Agricultural water suppliers that are required to
submit water conservation plans to the United States Bureau of
Reclamation pursuant to either the Central Valley Project Improvement
Act (P.L. 102-575) or the Reclamation Reform Act of 1982, or both,
may submit those water conservation plans to satisfy the requirements
of Section 10826, if both of the following apply:
   (1) The agricultural water supplier has adopted and submitted the
water conservation plan to the United States Bureau of Reclamation
within the previous four years.
   (2) The United States Bureau of Reclamation has accepted the water
conservation plan as adequate.
   (b) This part does not require agricultural water suppliers that
are required to submit water conservation plans to the United States
Bureau of Reclamation pursuant to either the Central Valley Project
Improvement Act (P.L. 102-575) or the Reclamation Reform Act of 1982,
or both, to prepare and adopt water conservation plans according to
a schedule that is different from that required by the United States
Bureau of Reclamation.
   10829.  An agricultural water supplier may satisfy the
requirements of this part by adopting an urban water management plan
pursuant to Part 2.6 (commencing with Section 10610) or by
participation in areawide, regional, watershed, or basinwide water
management planning if those plans will reduce preparation costs and
contribute to the achievement of conservation and efficient water
use.

      Article 3.  Adoption and Implementation of Plans


   10840.  Every agricultural water supplier shall prepare its plan
pursuant to Article 2 (commencing with Section 10825).
   10841.  An agricultural water supplier required to prepare a plan
may consult with, and obtain comments from, any public agency or any
person who has special expertise with respect to water conservation
and reclamation and management methods and techniques.
   10842.  Prior to adopting a plan, the agricultural water supplier
shall make the proposed plan available for public inspection, and
shall hold a public hearing on the plan. Prior to the hearing, notice
of the time and place of hearing shall be published within the
jurisdiction of the publicly owned agricultural water supplier
pursuant to Section 6066 of the Government Code. A privately owned
agricultural water supplier shall provide an equivalent notice within
its service area. After the hearing, the plan shall be adopted as
prepared or as modified during or after the hearing.
   10843.  An agricultural water supplier shall implement the plan
adopted pursuant to this chapter in accordance with the schedule set
forth in its plan, as determined by the governing body of the
agricultural water supplier.
   10844.  (a) An agricultural water supplier shall submit to the
entities identified in subdivision (b) a copy of its plan no later
than 30 days after the adoption of the plan. Copies of amendments or
changes to the plans shall be submitted to the entities identified in
subdivision (b) within 30 days after the adoption of the amendments
or changes.
   (b) An agricultural water supplier shall submit a copy of its plan
and amendments or changes to the plan to each of the following
entities:
   (1) The department.
   (2) Any city, county, or city and county within which the
agricultural water supplier provides water supplies.
   (3) Any groundwater management entity within which jurisdiction
the agricultural water supplier extracts or provides water supplies.
   (4) Any urban water supplier within which jurisdiction the
agricultural water supplier provides water supplies.
   (5) Any city or county library within which jurisdiction the
agricultural water supplier provides water supplies.
   (6) The California State Library.
   (7) Any local agency formation commission serving a county within
which the agricultural water supplier provides water supplies.
   10845.  (a) Not later than 30 days after the date of adopting its
plan, the agricultural water supplier shall make the plan available
for public review on the agricultural water supplier's Internet Web
site.
   (b) An agricultural water supplier that does not have an Internet
Web site shall submit to the department, not later than 30 days after
the date of adopting its plan, a copy of the adopted plan in an
electronic format. The department shall make the plan available for
public review on the department's Web site.
   10846.  (a) The department shall prepare and submit to the
Legislature, on or before December 31, in the years ending in seven
or two, a report summarizing the status of the plans adopted pursuant
to this part.
   (b) The report prepared by the department shall identify the
outstanding elements of any plan adopted pursuant to this part. The
report shall include an evaluation of the effectiveness of this part
in promoting efficient agricultural water management practices, and
shall include recommendations relating to proposed changes to this
part, as appropriate.
   (c) The department shall provide a copy of the report to each
agricultural water supplier that has submitted its plan to the
department. The department shall also prepare reports and provide
data for any legislative hearing designed to consider the
effectiveness of plans submitted pursuant to this part.
   (d) This section does not authorize the department, in preparing
the report, to approve, disapprove, or critique individual plans
submitted pursuant to this part.
      CHAPTER 4.  MISCELLANEOUS PROVISIONS


   10850.  (a) Any action or proceeding to attack, review, set aside,
void, or annul the acts or decisions of an agricultural water
supplier on the grounds of noncompliance with this part shall be
brought pursuant to Section 1085 of the Code of Civil Procedure, and
the court's review of compliance or noncompliance with this part
shall extend to whether the plan, or portion thereof, or revision
thereto, substantially complies with the requirements of this part.
   (b) An action or proceeding alleging failure to adopt a plan shall
be commenced within 18 months after that adoption is required by
this part.
                                                           (c) Any
action or proceeding alleging that a plan, or action taken pursuant
to the plan, does not comply with this part shall be commenced within
120 days after submitting the plan or amendments to the plan to
entities in accordance with Section 10844 or the taking of that
action.
   (d) In an action or proceeding to attack, review, set aside, void,
or annul the acts or decisions of an agricultural water supplier
made pursuant to this part at a properly noticed public hearing, the
issues raised shall be limited to those raised in the public hearing,
or in written correspondence delivered to the agricultural water
supplier prior to, or at, the public hearing, except if the court
finds either of the following:
   (1) The issue could not have been raised at the public hearing by
a person exercising reasonable diligence.
   (2) The body conducting the public hearing prevented the issue
from being raised at the public hearing.
   10851.  The California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code) does
not apply to the preparation and adoption of plans pursuant to this
part. This part does not exempt projects for implementation of the
plan or for expanded or additional water supplies from the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).
   10852.  (a) The adoption of an agriculture water management plan
in accordance with this part satisfies any requirements of state
statute, regulation, or order, including those of the board, for the
preparation of water management plans.
   (b) This part does not affect any authority granted to the board
by provisions other than this part to obtain water conservation
information not generated by this part.
   10853.  An agricultural water supplier that does not prepare,
adopt, and submit its agricultural water management plan in
accordance with this part is ineligible to receive funds made
available pursuant to any program administered by the board, the
department, or the California Bay-Delta Authority until the
agricultural water management plan is submitted pursuant to this
part.
   10854.  This part shall remain in effect only until January 1,
2011, and as of that date is repealed, unless the department
determines that legislation has been enacted to implement legislative
intent described in subdivision (c) of Section 10816. Upon making
that determination, the director shall notify, in writing, the
Secretary of State with regard to that determination.
  SEC. 6.  Section 13248 is added to the Water Code, to read:
   13248.  For the purpose of preparing or revising a state water
quality control plan or a regional water quality control plan, the
state board or the regional board shall consider, as appropriate, a
reasonable range of plausible hydrological, temperature, and sea
level-rise scenarios resulting from climate change.