BILL NUMBER: AB 1152	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2011

INTRODUCED BY   Assembly Members Chesbro and Cook

                        FEBRUARY 18, 2011

   An act to amend Sections  10933 and 10933.7  
10932  of the Water Code, relating to groundwater.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1152, as amended, Chesbro. Groundwater. 
   Existing law authorizes specified entities to assume
responsibility for monitoring and reporting groundwater elevations in
all or a part of a groundwater basin or subbasin. Existing law
requires an entity seeking to assume those functions to notify the
Department of Water Resources, and requires the department to
determine which entities will perform monitoring functions. Existing
law requires monitoring entities to commence monitoring and reporting
groundwater elevations on or before January 1, 2012.  
   This bill would authorize a monitoring entity to report
groundwater elevations using specified alternate monitoring
techniques for certain groundwater basins and subbasins meeting
prescribed conditions. The bill would condition this authorization
upon submission of a report to the department and a determination by
the department that the monitoring entity may use the alternate
monitoring techniques. The bill would require a monitoring entity,
every 3 years, to submit to the department information establishing
its continued eligibility to use the alternate monitoring techniques.
 
   (1) Existing law requires the Department of Water Resources to
identify the extent of monitoring of groundwater elevations that is
being undertaken within each basin or subbasin. If the department
determines that all or a part of a basin or subbasin is not being
monitored, the department is required to attempt to contact all well
owners within the area not being monitored and determine if there is
an interest in establishing a specified groundwater management plan,
integrated regional water management plan, or voluntary groundwater
monitoring association.  
   This bill would instead require the department to contact, for
those purposes, all well owners within the unmonitored part of the
groundwater basin or subbasin, and the county or counties and other
specified entities overlying the unmonitored part of the groundwater
basin or subbasin.  
   (2) Existing law provides that, if the department is required to
perform groundwater monitoring functions for portions of a basin or
subbasin after contacting all well owners within the area not being
monitored, then the county and other specified entities that are
authorized to assume responsibility for groundwater monitoring are
not eligible for a water grant or loan awarded or administered by the
state, with a specified exception.  
   This bill would, instead, make the county and other specified
entities that are contacted by the department ineligible for a water
grant or loan awarded or administered by the state, if that county or
other entity declines to assume responsibility for monitoring and
reporting groundwater elevations in all or a portion of the
unmonitored part of the basin or subbasin. 
   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 10932 of the   Water
Code   is amended to read: 
   10932.   (a)    Monitoring entities shall
commence monitoring and reporting groundwater elevations pursuant to
this part on or before January 1, 2012. 
   (b) For purposes of reporting groundwater elevations pursuant to
this part, and subject to subdivision (c), a monitoring entity may
use alternate monitoring techniques for a basin or subbasin, instead
of monitoring groundwater elevations directly through monitoring
wells, if the basin or subbasin meets any of the following
conditions:  
   (1) Groundwater elevations are unaffected by land use activities
or planned land use activities, or naturally occurring total
dissolved solids within the groundwater preclude the use of that
water.  
   (2) It is underlying land that is wholly owned or controlled,
individually or collectively, by state, tribal, or federal
authorities, and groundwater monitoring information is not available.
 
   (3) It is underlying an area where geographic or geologic features
make monitoring impracticable, including, but not limited to, a
basin or subbasin that is inaccessible to well-drilling equipment.
 
   (c) Before using an alternate monitoring technique pursuant to
subdivision (b), a monitoring entity shall submit to the department a
report, signed by a professional geologist registered pursuant to
Section 7850 of the Business and Professions Code, setting forth the
factual basis and supporting documentation demonstrating that the
basin or subbasin meets any of the conditions set forth in
subdivision (b). Upon receiving the report, the department shall
determine, in its discretion, whether the monitoring entity may use
an alternate monitoring technique, and the alternate monitoring
techniques that may be used, for the basin or subbasin. For a basin
or subbasin that the department has determined is eligible to use an
alternate monitoring technique, the department shall determine
whether information provided by the monitoring entity using the
alternate monitoring technique is sufficient to comply with the
monitoring and reporting requirements of subdivision (a).  
   (d) (1) Within 60 days of finding that a basin or subbasin no
longer meets any of the conditions set forth in subdivision (b), the
monitoring entity shall report that finding to the department. Not
later than 12 months after providing that report, the monitoring
entity shall commence monitoring and reporting groundwater elevations
using monitoring wells.  
   (2) A failure to comply with the report requirements of paragraph
(1) shall constitute noncompliance with the monitoring and reporting
requirements of subdivision (a).  
   (e) Every three years following an initial determination by the
department pursuant to subdivision (c), a monitoring entity shall
submit sufficient information, as may be determined by the
department, establishing its continued eligibility to use alternate
monitoring techniques in accordance with this section.  
   (f) A determination by the department pursuant to this section
shall be final and conclusive.  
   (g) For purposes of this section, an "alternate monitoring
technique" may include, but is not limited to, one or more of the
following, as the department may determine to be appropriate: 

   (1) Hydrologic records for the basin or subbasin.  
   (2) Well permits or similar reports from within the area overlying
the basin or subbasin.  
   (3) Aerial photographs.  
   (4) Remote sensing data.  
  SECTION 1.    Section 10933 of the Water Code is
amended to read:
   10933.  (a) On or before January 1, 2012, the department shall
commence to identify the extent of monitoring of groundwater
elevations that is being undertaken within each basin and subbasin.
   (b) The department shall prioritize groundwater basins and
subbasins for the purpose of implementing this section. In
prioritizing the basins and subbasins, the department shall, to the
extent data are available, consider all of the following:
   (1) The population overlying the basin or subbasin.
   (2) The rate of current and projected growth of the population
overlying the basin or subbasin.
   (3) The number of public supply wells that draw from the basin or
subbasin.
   (4) The total number of wells that draw from the basin or
subbasin.
   (5) The irrigated acreage overlying the basin or subbasin.
   (6) The degree to which persons overlying the basin or subbasin
rely on groundwater as their primary source of water.
   (7) Any documented impacts on the groundwater within the basin or
subbasin, including overdraft, subsidence, saline intrusion, and
other water quality degradation.
   (8) Any other information determined to be relevant by the
department.
   (c) If the department determines that all or part of a basin or
subbasin is not being monitored pursuant to this part, the department
shall do all of the following:
   (1) Attempt to contact all of the following:
   (A) All well owners within the unmonitored part of the basin or
subbasin.
   (B) The county or counties overlying the unmonitored part of the
basin or subbasin.
   (C) All entities described in subdivisions (a) to (d), inclusive,
of Section 10927, that are overlying the unmonitored part of the
basin or subbasin.
   (2) Determine if there is an interest in establishing any of the
following:
   (A) A groundwater management plan pursuant to Part 2.75
(commencing with Section 10750).
   (B) An integrated regional water management plan pursuant to Part
2.2 (commencing with Section 10530) that includes a groundwater
management component that complies with the requirements of Section
10753.7.
   (C) A voluntary groundwater monitoring association pursuant to
Section 10935.
   (d) If the department determines that there is sufficient interest
in establishing a plan or association described in paragraph (2) of
subdivision (c), or if the county agrees to perform the groundwater
monitoring functions in accordance with this part, the department
shall work cooperatively with the interested parties to comply with
the requirements of this part within two years.
   (e) If the department determines, with regard to a basin or
subbasin, that there is insufficient interest in establishing a plan
or association described in paragraph (2) of subdivision (c), and if
the county decides not to perform the groundwater monitoring and
reporting functions of this part, the department shall do all of the
following:
   (1) Identify any existing monitoring wells that overlie the basin
or subbasin that are owned or operated by the department or any other
state or federal agency.
   (2) Determine whether the monitoring wells identified pursuant to
paragraph (1) provide sufficient information to demonstrate seasonal
and long-term trends in groundwater elevations.
   (3) If the department determines that the monitoring wells
identified pursuant to paragraph (1) provide sufficient information
to demonstrate seasonal and long-term trends in groundwater
elevations, the department shall not perform groundwater monitoring
functions pursuant to Section 10933.5.
   (4) If the department determines that the monitoring wells
identified pursuant to paragraph (1) provide insufficient information
to demonstrate seasonal and long-term trends in groundwater
elevations, and the State Mining and Geology Board concurs with that
determination, the department shall perform groundwater monitoring
functions pursuant to Section 10933.5.  
  SEC. 2.    Section 10933.7 of the Water Code is
amended to read:
   10933.7.  (a) If the department is required to perform groundwater
monitoring functions pursuant to Section 10933.5, the county, and
any other entity contacted by the department pursuant to paragraph
(1) of subdivision (c) of Section 10933, that declines to assume
responsibility for monitoring and reporting groundwater elevations in
all or a portion of the unmonitored part of a basin or subbasin
shall not be eligible for a water grant or loan awarded or
administered by the state.
   (b) Notwithstanding subdivision (a), the department shall
determine that an entity described in subdivision (a) is eligible for
a water grant or loan under the circumstances described in
subdivision (a) if the entity has submitted to the department for
approval documentation demonstrating that its entire service area
qualifies as a disadvantaged community.