AB 1249, as introduced, Salas. Public water systems: water supply assessments.
Existing law requires a city or county that determines a project is subject to the California Environmental Quality Act to identify any public water system that may supply water for the project and to request those public water systems to prepare a specified water supply assessment. If no public water system is identified, the city or county is required to prepare the water supply assessment.
This bill would make a technical, nonsubstantive change to this requirement.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 10910 of the Water Code is amended to
2read:
(a) Any city or county that determines that a project,
4as defined in Section 10912, is subject to the California
5Environmental Quality Act (Division 13 (commencing with Section
P2 121000) of the Public Resources Code) under Section 21080 of the
2Public Resources Code shall comply with this part.
3(b) The city or county, at the timebegin delete thatend delete it determines whether an
4environmental impact report, a negative declaration, or a mitigated
5negative declaration is required for any project subject to the
6California Environmental Quality Act pursuant to Section 21080.1
7of the Public Resources Code, shall identify any water system that
8is, or may become as a result
of supplying water to the project
9identified pursuant to this subdivision, a public water system, as
10defined in Section 10912, that may supply water for the project.
11If the city or county is not able to identify any public water system
12that may supply water for the project, the city or county shall
13prepare the water assessment required by this part after consulting
14with any entity serving domestic water supplies whose service
15area includes the project site, the local agency formation
16commission, and any public water system adjacent to the project
17site.
18(c) (1) The city or county, at the time it makes the determination
19required under Section 21080.1 of the Public Resources Code,
20shall request each public water system identified pursuant to
21subdivision (b) to determine whether the projected water demand
22associated with a proposed project was included as part of the most
23recently adopted urban water management plan adopted
pursuant
24to Part 2.6 (commencing with Section 10610).
25(2) If the projected water demand associated with the proposed
26project was accounted for in the most recently adopted urban water
27management plan, the public water system may incorporate the
28requested information from the urban water management plan in
29preparing the elements of the assessment required to comply with
30subdivisions (d), (e), (f), and (g).
31(3) If the projected water demand associated with the proposed
32project was not accounted for in the most recently adopted urban
33water management plan, or the public water system has no urban
34water management plan, the water supply assessment for the project
35shall include a discussion with regard to whether the public water
36system’s total projected water supplies available during normal,
37single dry, and multiple dry water years during a 20-year projection
38will meet the projected
water demand associated with the proposed
39project, in addition to the public water system’s existing and
40planned future uses, including agricultural and manufacturing uses.
P3 1(4) If the city or county is required to comply with this part
2pursuant to subdivision (b), the water supply assessment for the
3project shall include a discussion with regard to whether the total
4projected water supplies, determined to be available by the city or
5county for the project during normal, single dry, and multiple dry
6water years during a 20-year projection, will meet the projected
7water demand associated with the proposed project, in addition to
8existing and planned future uses, including agricultural and
9manufacturing uses.
10(d) (1) The assessment required by this section shall include
11an identification of any existing water supply entitlements, water
12rights, or water service
contracts relevant to the identified water
13supply for the proposed project, and a description of the quantities
14of water received in prior years by the public water system, or the
15city or county if either is required to comply with this part pursuant
16to subdivision (b), under the existing water supply entitlements,
17water rights, or water service contracts.
18(2) An identification of existing water supply entitlements, water
19rights, or water service contracts held by the public water system,
20or the city or county if either is required to comply with this part
21pursuant to subdivision (b), shall be demonstrated by providing
22information related to all of the following:
23(A) Written contracts or other proof of entitlement to an
24identified water supply.
25(B) Copies of a capital outlay program for financing the delivery
26of a
water supply that has been adopted by the public water system.
27(C) Federal, state, and local permits for construction of necessary
28infrastructure associated with delivering the water supply.
29(D) Any necessary regulatory approvals that are required in
30order to be able to convey or deliver the water supply.
31(e) If no water has been received in prior years by the public
32water system, or the city or county if either is required to comply
33with this part pursuant to subdivision (b), under the existing water
34supply entitlements, water rights, or water service contracts, the
35public water system, or the city or county if either is required to
36comply with this part pursuant to subdivision (b), shall also include
37in its water supply assessment pursuant to subdivision (c), an
38identification of the other public water systems or
water service
39contractholders that receive a water supply or have existing water
40supply entitlements, water rights, or water service contracts, to the
P4 1same source of water as the public water system, or the city or
2county if either is required to comply with this part pursuant to
3subdivision (b), has identified as a source of water supply within
4its water supply assessments.
5(f) If a water supply for a proposed project includes
6groundwater, the following additional information shall be included
7in the water supply assessment:
8(1) A review of any information contained in the urban water
9management plan relevant to the identified water supply for the
10proposed project.
11(2) A description of any groundwater basin or basins from which
12the proposed project will be supplied. For those basins for which
13a court or the board
has adjudicated the rights to pump
14groundwater, a copy of the order or decree adopted by the court
15or the board and a description of the amount of groundwater the
16public water system, or the city or county if either is required to
17comply with this part pursuant to subdivision (b), has the legal
18right to pump under the order or decree. For basins that have not
19been adjudicated, information as to whether the department has
20identified the basin or basins as overdrafted or has projected that
21the basin will become overdrafted if present management
22conditions continue, in the most current bulletin of the department
23 that characterizes the condition of the groundwater basin, and a
24detailed description by the public water system, or the city or
25county if either is required to comply with this part pursuant to
26subdivision (b), of the efforts being undertaken in the basin or
27basins to eliminate the long-term overdraft condition.
28(3) A detailed description
and analysis of the amount and
29location of groundwater pumped by the public water system, or
30the city or county if either is required to comply with this part
31pursuant to subdivision (b), for the past five years from any
32groundwater basin from which the proposed project will be
33supplied. The description and analysis shall be based on
34information that is reasonably available, including, but not limited
35to, historic use records.
36(4) A detailed description and analysis of the amount and
37location of groundwater that is projected to be pumped by the
38public water system, or the city or county if either is required to
39comply with this part pursuant to subdivision (b), from any basin
40from which the proposed project will be supplied. The description
P5 1and analysis shall be based on information that is reasonably
2available, including, but not limited to, historic use records.
3(5) An analysis
of the sufficiency of the groundwater from the
4basin or basins from which the proposed project will be supplied
5to meet the projected water demand associated with the proposed
6project. A water supply assessment shall not be required to include
7the information required by this paragraph if the public water
8system determines, as part of the review required by paragraph
9(1), that the sufficiency of groundwater necessary to meet the initial
10and projected water demand associated with the project was
11addressed in the description and analysis required by paragraph
12(4) of subdivision (b) of Section 10631.
13(g) (1) Subject to paragraph (2), the governing body of each
14public water system shall submit the assessment to the city or
15county not later than 90 days from the date on which the request
16was received. The governing body of each public water system,
17or the city or county if either is required to comply with this act
18pursuant to
subdivision (b), shall approve the assessment prepared
19pursuant to this section at a regular or special meeting.
20(2) Prior to the expiration of the 90-day period, if the public
21water system intends to request an extension of time to prepare
22and adopt the assessment, the public water system shall meet with
23the city or county to request an extension of time, which shall not
24exceed 30 days, to prepare and adopt the assessment.
25(3) If the public water system fails to request an extension of
26time, or fails to submit the assessment notwithstanding the
27extension of time granted pursuant to paragraph (2), the city or
28county may seek a writ of mandamus to compel the governing
29body of the public water system to comply with the requirements
30of this part relating to the submission of the water supply
31assessment.
32(h) Notwithstanding any other provision of this part, if a project
33has been the subject of a water supply assessment that complies
34with the requirements of this part, no additional water supply
35assessment shall be required for subsequent projects that were part
36of a larger project for which a water supply assessment was
37completed and that has complied with the requirements of this part
38and for which the public water system, or the city or county if
39either is required to comply with this part pursuant to subdivision
40(b), has concluded that its water supplies are sufficient to meet the
P6 1projected water demand associated with the proposed project, in
2addition to the existing and planned future uses, including, but not
3limited to, agricultural and industrial uses, unless one or more of
4the following changes occurs:
5(1) Changes in the project that result in a substantial increase
6in water demand for the project.
7(2) Changes in the circumstances or conditions substantially
8affecting the ability of the public water system, or the city or county
9if either is required to comply with this part pursuant to subdivision
10(b), to provide a sufficient supply of water for the project.
11(3) Significant new information becomes available which was
12not known and could not have been known at the time when the
13assessment was prepared.
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