BILL NUMBER: AB 1152	CHAPTERED
	BILL TEXT

	CHAPTER  280
	FILED WITH SECRETARY OF STATE  SEPTEMBER 7, 2011
	APPROVED BY GOVERNOR  SEPTEMBER 7, 2011
	PASSED THE SENATE  AUGUST 18, 2011
	PASSED THE ASSEMBLY  AUGUST 22, 2011
	AMENDED IN SENATE  JUNE 30, 2011
	AMENDED IN ASSEMBLY  APRIL 28, 2011
	AMENDED IN ASSEMBLY  APRIL 14, 2011

INTRODUCED BY   Assembly Members Chesbro and Cook

                        FEBRUARY 18, 2011

   An act to amend Sections 10927, 10932, and 10933 of the Water
Code, relating to groundwater.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1152, Chesbro. Groundwater.
   (1) Existing law authorizes specified entities, including, among
others, local agencies managing a groundwater basin or subbasin
pursuant to existing law relating to groundwater management plans or
integrated regional water management plans, 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 add to the list of entities that may assume
responsibility for monitoring and reporting groundwater elevations, a
local agency that has been collecting and reporting groundwater
elevations and that does not have a groundwater management plan, if
the local agency adopts a groundwater management plan in accordance
with specified provisions of existing law by January 1, 2014. The
bill would permit the department to authorize the local agency to
conduct monitoring and reporting of groundwater elevations on an
interim basis, until the local agency adopts a groundwater management
plan or until January 1, 2014, whichever occurs first.
   The 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.

   (2) Existing law requires the department to identify the extent of
monitoring of groundwater elevations that is being undertaken within
specified groundwater basins and subbasins. If the department
determines that all or 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. If the department determines that there is
insufficient interest in establishing a plan or association, and the
county decides not to perform groundwater monitoring and reporting
functions, the department is required to determine whether existing
monitoring wells provide sufficient information to demonstrate
seasonal and long-term trends in groundwater elevations. If the
department determines that the monitoring wells provide insufficient
information to demonstrate those trends, and the State Mining and
Geology Board concurs with that determination, the department is
required to perform groundwater monitoring functions.
   This bill would delete the requirement that the State Mining and
Geology Board concur with the department's determination regarding
the sufficiency of information provided by existing monitoring wells
for purposes of the department's performance of groundwater
monitoring functions.


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

  SECTION 1.  Section 10927 of the Water Code is amended to read:
   10927.  Any of the following entities may assume responsibility
for monitoring and reporting groundwater elevations in all or a part
of a basin or subbasin in accordance with this part:
   (a) A watermaster or water management engineer appointed by a
court or pursuant to statute to administer a final judgment
determining rights to groundwater.
   (b) (1) A groundwater management agency with statutory authority
to manage groundwater pursuant to its principal act that is
monitoring groundwater elevations in all or a part of a groundwater
basin or subbasin on or before January 1, 2010.
   (2) A water replenishment district established pursuant to
Division 18 (commencing with Section 60000). This part does not
expand or otherwise affect the authority of a water replenishment
district relating to monitoring groundwater elevations.
   (c) A local agency that is managing all or part of a groundwater
basin or subbasin pursuant to Part 2.75 (commencing with Section
10750) and that was monitoring groundwater elevations in all or a
part of a groundwater basin or subbasin on or before January 1, 2010,
or a local agency or county that is managing all or part of a
groundwater basin or subbasin pursuant to any other legally
enforceable groundwater management plan with provisions that are
substantively similar to those described in that part and that was
monitoring groundwater elevations in all or a part of a groundwater
basin or subbasin on or before January 1, 2010.
   (d) A local agency that is managing all or part of a groundwater
basin or subbasin pursuant to an integrated regional water management
plan prepared pursuant to Part 2.2 (commencing with Section 10530)
that includes a groundwater management component that complies with
the requirements of Section 10753.7.
   (e) A local agency that has been collecting and reporting
groundwater elevations and that does not have an adopted groundwater
management plan, if the local agency adopts a groundwater management
plan in accordance with Part 2.75 (commencing with Section 10750) by
January 1, 2014. The department may authorize the local agency to
conduct the monitoring and reporting of groundwater elevations
pursuant to this part on an interim basis, until the local agency
adopts a groundwater management plan in accordance with Part 2.75
(commencing with Section 10750) or until January 1, 2014, whichever
occurs first.
   (f) A county that is not managing all or a part of a groundwater
basin or subbasin pursuant to a legally enforceable groundwater
management plan with provisions that are substantively similar to
those described in Part 2.75 (commencing with Section 10750).
   (g) A voluntary cooperative groundwater monitoring association
formed pursuant to Section 10935.
  SEC. 2.  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
or was requested from, but not provided by, the state, tribal, or
federal authorities.
   (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.
  SEC. 3.  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 well owners within the area not being
monitored.
   (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, the department shall perform groundwater monitoring
functions pursuant to Section 10933.5.