BILL NUMBER: AB 1739 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 4, 2014
AMENDED IN SENATE JUNE 17, 2014
AMENDED IN ASSEMBLY APRIL 22, 2014
INTRODUCED BY Assembly Member Dickinson
(Principal coauthor: Senator Pavley)
(Coauthor: Assembly Member Rendon)
FEBRUARY 14, 2014
An act to amend Sections 65352 and 65352.5 of, and to add Section
65302.12 65350.5 to, the Government
Code, and to add Section 1242.1 and to amend
Sections 1120, 1831, 10927, 10933, and 12924 of, to add Sections
113, 1529.5, and 10750.1 to, and to add
Part 5.2 (commencing with Section 5200) to Division 2 of, and to add
Part 2.74 (commencing with Section 10720) to Division 6 of,
the Water Code, relating to groundwater.
LEGISLATIVE COUNSEL'S DIGEST
AB 1739, as amended, Dickinson. Groundwater management.
(1) The California Constitution requires the reasonable and
beneficial use of water. Existing law establishes various state water
policies, including the policy that the people of the state have a
paramount interest in the use of all the water of the state and that
the state is required to determine what water of the state, surface
and underground, can be converted to public use or be controlled for
public protection.
This bill would state the policy of the state that groundwater
resources be managed sustainably for long-term water supply
reliability and multiple economic, social, or environmental benefits
for current and future beneficial uses. This bill would state that
sustainable groundwater management is best achieved locally through
the development, implementation, and updating of plans and programs
based on the best available science.
(2) Existing law requires the Department of Water Resources, in
conjunction with other public agencies, to conduct an investigation
of the state's groundwater basins and to report its findings to the
Legislature not later than January 1, 2012, and thereafter in years
ending in 5 and 0. Existing law requires the department to identify
the extent of monitoring of groundwater elevations that is being
undertaken within each basin or subbasin and to prioritize
groundwater basins and subbasins.
This bill would require the department, in consultation with the
Department of Fish and Wildlife, to identify and develop
prioritization criteria for the purpose of identifying groundwater
basins and subbasins that should be prioritized based on adverse
impacts to habitat and surface water resources. This bill would
require the department to categorize each basin as high-, medium-,
low-, or very low priority and would require the initial priority for
each basin to be established no later than January 1, 2017. This
bill would authorize a local agency to request that the department
revise the boundaries of a basin. This bill would require the
department to provide a copy of its draft revision of a basin's
boundaries to the California Water Commission and would require the
commission to hear and comment on the draft revision.
(3) Existing law authorizes local agencies to adopt and implement
a groundwater management plan. Existing law requires a groundwater
management plan to contain specified components and requires a local
agency seeking state funds administered by the Department of Water
Resources for groundwater projects or groundwater quality projects to
do certain things, including, but not limited to, preparing and
implementing a groundwater management plan that includes basin
management objectives for the groundwater basin.
This bill would prohibit, beginning January 1, 2015, a new
groundwater management plan from being adopted or an existing
groundwater management plan from being renewed, except for a low- or
very low priority basin.
This bill would require, by January 31, 2020, all groundwater
basins designated as high- or medium-priority basins by the
Department of Water Resources to be managed under a groundwater
sustainability plan or coordinated groundwater sustainability plans
of a groundwater sustainability agency, with specified exceptions.
This bill would require a groundwater sustainability plan to be
developed and implemented to meet the sustainability goal,
established as prescribed, and would require the plan to include
prescribed components. This bill would require a groundwater
sustainability agency to certify to the department that its plan
complies with the requirements of the act no later than January 31,
2020, and every 5 years thereafter. This bill would encourage and
authorize basins designated as low- or very low priority basins to be
managed under groundwater sustainability plans.
This bill would authorize any local agency, as defined, or
combination of local agencies to elect to be a groundwater
sustainability agency and would require, within 30 days of electing
to be or forming a groundwater sustainability agency, the groundwater
sustainability agency to inform the department of its election or
formation and its intent to undertake sustainable groundwater
management. This bill would provide that a county within which an
area unmanaged by a groundwater sustainability agency lies is
presumed to be the groundwater sustainability agency for that area
and would require the county to provide a prescribed notification to
the department. This bill would provide specific authority to a
groundwater sustainability agency, including, but not limited to, the
ability to require registration of a groundwater extraction
facility, to require that a groundwater extraction facility be
measured with a water-measuring device, to regulate groundwater
pumping, and to impose certain fees.
This bill would authorize the department or a groundwater
sustainability agency to provide technical assistance to entities
that extract or use groundwater to promote water conservation and
protect groundwater resources. This bill would require the
department, by January 1, 2017, to publish on its Internet Web site
best management practices for the sustainable management of
groundwater.
This bill would require a groundwater sustainability agency to
submit a groundwater sustainability plan to the department for review
upon completion. This bill would require the department to
periodically review groundwater sustainability plans, and by June 1,
2016, would require the department, in consultation with the State
Water Resources Control Board, to develop guidelines for evaluating
groundwater sustainability plans and groundwater sustainability
programs. This bill would authorize a local agency to submit to the
department for evaluation and assessment an alternative plan that is
not a groundwater sustainability plan that the local agency believes
satisfies the objectives of these provisions as a functional
equivalent. This bill would provide that a basin is in compliance
with these provisions if a groundwater agency or other local agency
submits to the department, no later than January 31, 2020, a copy of
a governing final judgment or other judicial order or decree
establishing a groundwater sustainability program for the basin or a
prescribed report that shows that current management or operations
activities have been consistent with the sustainable yield of the
basin over a period of at least 10 years. This bill would require the
department to review any of the above-described submissions at least
every 5 years after initial submission to the department. This bill
would require the department to adopt a schedule of fees to recover
costs incurred.
This bill would authorize a groundwater sustainability agency and
the board to conduct inspections and would authorize a groundwater
sustainability agency or the board to obtain an inspection warrant.
Because the willful refusal of an inspection lawfully authorized by
an inspection warrant is a misdemeanor, this bill would impose a
state-mandated local program by expanding the application of a crime.
This bill would authorize the board to designate a basin as a
probationary basin, if the board makes a certain determination. This
bill would authorize the board to develop an interim plan for a
probationary basin if the board, in consultation with the department,
determines that a local agency has not remedied a deficiency that
resulted in designating the basin as a probationary basin within a
certain timeframe. This bill would authorize the board to adopt an
interim plan for a probationary basin after notice and a public
hearing and would require state entities to comply with an interim
plan. This bill would specifically authorize the board to rescind all
or a portion of an interim plan if the board determines at the
request of specified petitioners that a groundwater sustainability
plan or adjudication action is adequate to eliminate the condition of
long-term overdraft or condition where groundwater extractions
result in significant depletions of interconnected surface waters.
This bill would provide that the board has authority to stay its
proceedings relating to an interim plan or to rescind or amend an
interim plan based on the progress made by a groundwater
sustainability agency or in an adjudication action.
Existing law establishes the Water Rights Fund, which consists of
various fees and penalties. The moneys in the Water Rights Fund are
available, upon appropriation by the Legislature, for the
administration of the board's water rights program.
This bill would require the board to adopt a schedule of fees in
an amount sufficient to recover all costs incurred and expended from
the Water Rights Fund for the purpose of administering the
above-described provisions.
Under existing law, a person who violates a cease and desist order
of the board may be liable in an amount not to exceed $1,000 for
each day in which the violation occurs. Revenue generated from these
penalties is deposited in the Water Rights Fund.
This bill would authorize the board to issue a cease and desist
order in response to a violation or threatened violation of the
above-described provisions.
(4) Existing law requires the legislative body of each county and
city to adopt a comprehensive, long-term general plan for the
physical development of the county or city with specified elements,
including, among others, land use and conservation elements. Existing
law requires a city or county, upon the adoption or revision of its
general plan, on or after January 1, 1996, to utilize as a source
document any urban water management plan submitted to the city or
county by a water agency.
This bill would require, prior to the adoption or any substantial
amendment of a general plan, the planning agency to review and
consider a groundwater sustainability plan, groundwater management
plan, groundwater management court order, judgment, or decree,
adjudication of water rights, or a certain order of the State Water
Resources Control Board. This bill would require the planning agency
to refer a proposed action to adopt or substantially amend a general
plan to any groundwater sustainability agency that has adopted a
groundwater sustainability plan or local agency that otherwise
manages groundwater and to the State Water Resources Control Board if
it has adopted an interim plan that includes territory within the
planning area.
Existing law requires a public water system to provide a planning
agency with certain information upon receiving notification of a city'
s or a county's proposed action to adopt or substantially amend a
general plan.
This bill would also require a public water system to provide a
report on the anticipated effect of the proposed action on
implementation of a groundwater sustainability plan. This bill would
require a groundwater sustainability agency to provide the planning
agency with certain information as is appropriate and relevant.
By imposing new duties on a city or county, this bill would impose
a state-mandated local program.
(5) This bill would state the intent of the Legislature to
subsequently amend this measure to adopt extraction reporting
requirements for basins identified by the State Water Resources
Control Board as probationary basins or basins without a groundwater
sustainability agency.
(6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
(7) Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
(1) Existing law authorizes local agencies, as defined, to adopt
and implement a groundwater management plan. Existing law requires a
groundwater management plan to contain specified components and
requires a local agency seeking state funds administered by the
Department of Water Resources for groundwater projects or groundwater
quality projects to do certain things, including, but not limited
to, preparing and implementing a groundwater management plan that
includes basin management objectives for the groundwater basin.
This bill would require all groundwater basins designated as high-
or medium-priority basins by the Department of Water Resources to be
managed under a groundwater sustainability plan or coordinated
groundwater sustainability plans, with specified exceptions. This
bill would require a groundwater sustainability agency to certify
that its plan complies with the requirements of this bill no later
than January 31, 2020, and every 5 years thereafter. This bill would
encourage basins designated as low-priority basins by the department
to be managed under groundwater sustainability plans as soon as
possible. This bill, to the extent practicable, would require a
groundwater sustainability plan to be coterminous and augment a
groundwater management plan.
This bill would provide specific authority to a groundwater
sustainability agency including, but not limited to, the ability to
require the registration of a groundwater extraction facility, to
require that a groundwater extraction facility be measured with a
water-measuring device, to regulate groundwater pumping, and to
impose certain charges. This bill, after January 31, 2020, would
prohibit a person from increasing groundwater extractions on a
property within the basin, as specified, until a groundwater
sustainability agency or the State Water Resources Control Board
complies with the above-described requirements, unless the person
submits to the county a specified report. This bill would authorize a
groundwater sustainability agency to conduct inspections and would
require the inspection to be made with any necessary consent or with
an inspection warrant. Because the willful refusal of an inspection
lawfully authorized by an inspection warrant is a misdemeanor, this
bill would impose a state-mandated local program by expanding the
application of a crime.
This bill would authorize the department to provide technical
assistance to a groundwater sustainability agency upon the request of
the agency and would require, by January 1, 2017, the department to
submit to the Legislature and publish on its Internet Web site best
management practices for the sustainable management of groundwater.
This bill would state the intent of the Legislature to amend this
measure to provide that one or more state agencies act to ensure that
all basins in California are on track to achieve the sustainability
goal if local agencies are unable to adopt or implement groundwater
sustainability plans that achieve that goal. This bill would state
the intent of the Legislature to amend this measure to provide for
expedited adjudications of rights to extract and store water from and
in basins by enacting and directing the Judicial Council to develop
innovative judicial procedures to manage those adjudications as
quickly as reasonably feasible. This bill would state the intent of
the Legislature to amend this measure to provide that the State Water
Resources Control Board and the regional water quality control
boards must weigh the value of surface water for groundwater
replenishment and recharge to promote the state's interest in
groundwater sustainability.
(2) The California Constitution requires the reasonable and
beneficial use of water.
This bill would state the policy of the state to encourage
conjunctive use of surface and groundwater.
(3) Existing law requires the legislative body of each county and
city to adopt a comprehensive, long-term general plan for the
physical development of the county or city with specified elements,
including, among others, land use and conservation elements. Existing
law requires a city or county, upon the adoption or revision of its
general plan, on or after January 1, 1996, to utilize as a source
document any urban water management plan submitted to the city or
county by a water agency.
This bill would require, prior to the adoption or any substantial
amendment of a general plan, the planning agency to review, and if
necessary revise the land use, conservation, open space, or any other
element of the general plan to address a groundwater sustainability
plan, groundwater management plan, groundwater management court
order, judgment, or decree, adjudication of water rights, or a
certain order of the State Water Resources Control Board. This bill
would require the planning agency to refer a proposed action to adopt
or substantially amend a general plan to any local agency or joint
powers authority that has adopted a groundwater sustainability plan
or that otherwise manages groundwater and to the State Water
Resources Control Board if it has adopted a groundwater
sustainability plan that includes territory within the planning area.
Existing law requires a public water system to provide a planning
agency with certain information upon receiving notification of a city'
s or a county's proposed action to adopt or substantially amend a
general plan.
This bill would also require a public water system to provide a
report on the anticipated effect of the proposed action on
implementation of a groundwater sustainability plan. This bill would
require a groundwater sustainability agency to provide the planning
agency with certain information as is appropriate and relevant.
By imposing new duties on a city or county, this bill would
impose a state-mandated local program.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
(5) Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares
as follows:
(1) The people of the state have a primary interest in the
protection, management, and reasonable beneficial use of the water
resources of the state, both surface and underground, and that the
integrated management of the state's water resources is essential to
meeting its water management goals.
(2) Groundwater provides a significant portion of California's
water supply. Groundwater accounts for more than one-third of the
water used by Californians in an average year and more than one-half
of the water used by Californians in a drought year when other
sources are unavailable.
(3) Excessive groundwater pumping can cause overdraft, failed
wells, deteriorated water quality, environmental damage, and
irreversible land subsidence that damages infrastructure and
diminishes the capacity of aquifers to store water for the future.
(4) When properly managed, groundwater resources will help protect
communities, farms, and the environment against prolonged dry
periods and climate change, preserving water supplies for existing
and potential beneficial use.
(5) Failure to manage groundwater to prevent long-term overdraft
infringes on groundwater rights.
(6) Groundwater resources are most effectively managed at the
local or regional level.
(7) Groundwater management will not be effective unless local
actions to sustainably manage groundwater basins and subbasins are
taken.
(8) Local and regional agencies need to have the necessary support
and authority to manage groundwater sustainably.
(9) In those circumstances where a local groundwater management
agency is not managing its groundwater sustainably, the state needs
to protect the resource until it is determined that a local
groundwater management agency can sustainably manage the groundwater
basin or subbasin.
(10) Information on the amount of groundwater extraction, natural
and artificial recharge, and groundwater evaluations are critical for
effective management of groundwater.
(11) Sustainable groundwater management in California depends upon
creating more opportunities for robust conjunctive management of
surface water resources. Climate change will intensify the need to
recalibrate and reconcile surface and groundwater management
strategies.
(b) It is therefore the intent of the Legislature to do all of the
following:
(1) To provide local and regional agencies the authority to
sustainably manage groundwater.
(2) To provide that if no local groundwater agency or agencies
provide sustainable groundwater management for a groundwater basin or
subbasin, the state has the authority to develop and implement a
groundwater sustainability plan until the time the local groundwater
management agency or agencies can assume management of the basin or
subbasin.
(3) To require the development and reporting of those data
necessary to support sustainable groundwater management, including
those data that help describe the basin's geology, the short- and
long-term trends of the basin's water balance, and other measures of
sustainability, and those data necessary to resolve disputes
regarding sustainable yield, beneficial uses, and water rights.
(4) To respect overlying and other proprietary rights to
groundwater.
SEC. 2. Section 65350.5 is added to the
Government Code , to read:
65350.5. Before the adoption or any substantial amendment of a
city's or county's general plan, the planning agency shall review and
consider all of the following:
(a) An adoption of, or update to, a groundwater sustainability
plan or groundwater management plan pursuant to Part 2.74 (commencing
with Section 10720) or Part 2.75 (commencing with Section 10750) of
Division 6 of the Water Code or groundwater management court order,
judgment, or decree.
(b) An adjudication of water rights.
(c) An order by the State Water Resources Control Board pursuant
to Chapter 11 (commencing with Section 10735) of Part 2.74 of
Division 6 of the Water Code.
SEC. 3. Section 65352 of the Government
Code is amended to read:
65352. (a) Prior to action by Before
a legislative body takes action to adopt or
substantially amend a general plan, the planning agency shall refer
the proposed action to all of the following entities:
(1) A city or county, within or abutting the area covered by the
proposal, and any special district that may be significantly affected
by the proposed action, as determined by the planning agency.
(2) An elementary, high school, or unified school district within
the area covered by the proposed action.
(3) The local agency formation commission.
(4) An areawide planning agency whose operations may be
significantly affected by the proposed action, as determined by the
planning agency.
(5) A federal agency agency, if its
operations or lands within its jurisdiction may be significantly
affected by the proposed action, as determined by the planning
agency.
(6) (A) The branches of the United States Armed Forces that have
provided the Office of Planning and Research with a California
mailing address pursuant to subdivision (d) of Section 65944
when 65944, if the proposed action is within
1,000 feet of a military installation, or lies within special use
airspace, or beneath a low-level flight path, as defined in Section
21098 of the Public Resources Code, provided that
and if the United States Department of Defense provides
electronic maps of low-level flight paths, special use airspace, and
military installations at a scale and in an electronic format that is
acceptable to the Office of Planning and Research.
(B) Within 30 days of a determination by the Office of Planning
and Research that the information provided by the Department of
Defense is sufficient and in an acceptable scale and format, the
office shall notify cities, counties, and cities and counties of the
availability of the information on the Internet. Cities, counties,
and cities and counties shall comply with subparagraph (A) within 30
days of receiving this notice from the office.
(7) A public water system, as defined in Section 116275 of the
Health and Safety Code, with 3,000 or more service connections, that
serves water to customers within the area covered by the proposal.
The public water system shall have at least 45 days to comment on the
proposed plan, in accordance with subdivision (b), and to provide
the planning agency with the information set forth in Section
65352.5.
(8) Any groundwater sustainability agency that has adopted a
groundwater sustainability plan pursuant to Part 2.74 (commencing
with Section 10720) of Division 6 of the Water Code or local agency
that otherwise manages groundwater pursuant to other provisions of
law or a court order, judgment, or decree within the planning area of
the proposed general plan.
(9) The State Water Resources Control Board, if it has adopted an
interim plan pursuant to Part 2.74 (commencing with Section 10720) of
Division 6 of the Water Code that includes territory within the
planning area of the proposed general plan.
(8)
(10) The Bay Area Air Quality Management District for a
proposed action within the boundaries of the district.
(9) On and after March 1, 2005, a
(11) A California Native American
tribe, that is on the contact list maintained by the Native American
Heritage Commission, with Commission and
that has traditional lands located within the city
city's or county's jurisdiction.
(10)
(12) The Central Valley Flood Protection Board
Board, for a proposed action within the
boundaries of the Sacramento and San Joaquin Drainage District, as
set forth in Section 8501 of the Water Code.
(b) Each An entity receiving a
proposed general plan or amendment of a general plan pursuant to this
section shall have 45 days from the date the referring agency mails
it or delivers it in which to comment unless a
longer period is specified by the planning agency.
(c) (1) This section is directory, not mandatory, and the failure
to refer a proposed action to the other entities
specified in this section does not affect the validity of the action,
if adopted.
(2) To the extent that the requirements of this section conflict
with the requirements of Chapter 4.4 (commencing with Section 65919),
the requirements of Chapter 4.4 shall prevail.
SEC. 4. Section 65352.5 of the
Government Code is amended to read:
65352.5. (a) The Legislature finds and declares that it is vital
that there be close coordination and consultation between California'
s water supply or management agencies and California's
land use approval agencies to ensure that proper water supply
and management planning occurs in order to
accommodate projects that will result in increased demands on water
supplies or impact water resource management .
(b) It is, therefore, the intent of the Legislature to provide a
standardized process for determining the adequacy of existing and
planned future water supplies to meet existing and planned future
demands on these water supplies and the impact of land use
decisions on the management of California's water supply resources
.
(c) Upon receiving, pursuant to Section 65352, notification of a
city's or a county's proposed action to adopt or substantially amend
a general plan, a public water system, as defined in Section 116275
of the Health and Safety Code, with 3,000 or more service
connections, shall provide the planning agency with the following
information, as is appropriate and relevant:
(1) The current version of its urban water management plan,
adopted pursuant to Part 2.6 (commencing with Section 10610) of
Division 6 of the Water Code.
(2) The current version of its capital improvement program or
plan, as reported pursuant to Section 31144.73 of the Water Code.
(3) A description of the source or sources of the total water
supply currently available to the water supplier by water right or
contract, taking into account historical data concerning wet, normal,
and dry runoff years.
(4) A description of the quantity of surface water that was
purveyed by the water supplier in each of the previous five years.
(5) A description of the quantity of groundwater that was purveyed
by the water supplier in each of the previous five years.
(6) A description of all proposed additional sources of water
supplies for the water supplier, including the estimated dates by
which these additional sources should be available and the quantities
of additional water supplies that are being proposed.
(7) A description of the total number of customers currently
served by the water supplier, as identified by the following
categories and by the amount of water served to each category:
(A) Agricultural users.
(B) Commercial users.
(C) Industrial users.
(D) Residential users.
(8) Quantification of the expected reduction in total water
demand, identified by each customer category set forth in paragraph
(7), associated with future implementation of water use reduction
measures identified in the water supplier's urban water management
plan.
(9) Any additional information that is relevant to determining the
adequacy of existing and planned future water supplies to meet
existing and planned future demands on these water supplies.
(10) A report on the anticipated effect of proposed action to
adopt or substantially amend a general plan on implementation of a
groundwater sustainability plan pursuant to Part 2.74 (commencing
with Section 10720) of Division 6 of the Water Code.
(d) Upon receiving, pursuant to Section 65352, notification of a
city's or a county's proposed action to adopt or substantially amend
a general plan, a groundwater sustainability agency, as defined in
Section 10720.5 of the Water Code, shall provide the planning agency
with the following information, as is appropriate and relevant:
(1) The current version of its groundwater sustainability plan
adopted pursuant to Part 2.74 (commencing with Section 10720) of
Division 6 of the Water Code.
(2) If the groundwater sustainability agency manages groundwater
pursuant to a court order, judgment, decree, or agreement among
affected water rights holders, or if the State Water Resources
Control Board has adopted a groundwater sustainability plan pursuant
to Part 2.74 (commencing with Section 10720) of Division 6 of the
Water Code, the groundwater sustainability agency shall provide the
planning agency with maps of recharge basins and percolation ponds,
extraction limitations, and other relevant information, or the court
order, judgment, or decree.
SEC. 5. Section 113 is added to the
Water Code , to read:
113. It is the policy of the state that groundwater resources be
managed sustainably for long-term water supply reliability and
multiple economic, social, or environmental benefits for current and
future beneficial uses. Sustainable groundwater management is best
achieved locally through the development, implementation, and
updating of plans and programs based on the best available science.
SEC. 6. Section 1120 of the Water Code
is amended to read:
1120. This chapter applies to any decision or order issued under
this part or Section 275, Part 2 (commencing with Section 1200), Part
2 (commencing with Section 10500) of Division 6, Chapter 11
(commencing with Section 10735) of Part 2.74 of Division 6,
Article 7 (commencing with Section 13550) of Chapter 7 of Division 7,
or the public trust doctrine.
SEC. 7. Section 1529.5 is added to the
Water Code , to read:
1529.5. (a) The board shall adopt a schedule of fees pursuant to
Section 1530 to recover costs incurred in administering Chapter 11
(commencing with Section 10735) of Part 2.74 of Division 6.
Recoverable costs include, but are not limited to, costs incurred in
connection with investigations, facilitation, monitoring, hearings,
enforcement, and administrative costs in carrying out these actions.
(b) The fee schedule adopted under this section may include, but
is not limited to, the following:
(1) A fee for participation as a petitioner or party to an
adjudicative proceeding.
(2) A fee for the filing of a report pursuant to Part 5.2
(commencing with Section 5200) of Division 2 for extractions from a
source within the boundaries of a probationary basin under Section
10735.2.
(c) Consistent with Section 3 of Article XIII A of the California
Constitution, the board shall set the fees under this section in an
amount sufficient to cover all costs incurred and expended from the
Water Rights Fund for the purpose of Chapter 11 (commencing with
Section 10735) of Part 2.74 of Division 6. In setting these fees, the
board is not required to fully recover these costs in the year or
the year immediately after the costs are incurred, but the board may
provide for recovery of these costs over a period of years.
SEC. 8. Section 1831 of the Water Code
is amended to read:
1831. (a) When the board determines that any person is violating,
or threatening to violate, any requirement described in subdivision
(d), the board may issue an order to that person to cease and desist
from that violation.
(b) The cease and desist order shall require that person to comply
forthwith or in accordance with a time schedule set by the board.
(c) The board may issue a cease and desist order only after notice
and an opportunity for hearing pursuant to Section 1834.
(d) The board may issue a cease and desist order in response to a
violation or threatened violation of any of the following:
(1) The prohibition set forth in Section 1052 against the
unauthorized diversion or use of water subject to this division.
(2) Any term or condition of a permit, license, certification, or
registration issued under this division.
(3) Any decision or order of the board issued under this part,
Section 275, Chapter 11 (commencing with Section 10735) of Part
2.74 of Division 6, or Article 7 (commencing with Section
13550) of Chapter 7 of Division 7, in which decision or order the
person to whom the cease and desist order will be issued, or a
predecessor in interest to that person, was named as a party directly
affected by the decision or order.
(4) A regulation adopted under Section 1058.5.
(5) Any pumping restriction, limitation, order, or regulation
adopted or issued under Chapter 11 (commencing with Section 10735) of
Part 2.74 of Division 6.
(e) This article shall does not
authorize the board to regulate in any manner, the diversion or use
of water not otherwise subject to regulation of the board under this
part division or Section 275 .
SEC. 9. Part 5.2 (commencing with Section 5200) is
added to Division 2 of the Water Code , to
read:
PART 5.2. Groundwater Extraction Reporting for Probationary
Basins and Basins Without a Groundwater Sustainability Agency
5200. It is the intent of the Legislature to subsequently amend
this measure to adopt extraction reporting requirements for basins
identified as probationary basins pursuant to Section 10735.2, or as
authorized by subdivision (b) of Section 10724, for basins without a
groundwater sustainability agency.
SEC. 10. Part 2.74 (commencing with Section 10720)
is added to Division 6 of the Water Code , to
read:
PART 2.74. Sustainable Groundwater Management
CHAPTER 1. GENERAL PROVISIONS
10720. This part shall be known, and may be cited, as the
"Sustainable Groundwater Management Act."
10720.1. In enacting this part, it is the intent of the
Legislature to do all of the following:
(a) To provide for the sustainable management of groundwater
basins.
(b) To enhance local management of groundwater consistent with
rights to use or store groundwater and Section 2 of Article X of the
California Constitution. It is the intent of the Legislature to
preserve the security of water rights in the state to the greatest
extent possible consistent with the sustainable management of
groundwater.
(c) To establish minimum standards for sustainable groundwater
management.
(d) To provide local groundwater agencies with the authority and
the technical and financial assistance necessary to sustainably
manage groundwater.
(e) To avoid or minimize subsidence.
(d) To improve data collection and understanding about
groundwater.
(e) To increase groundwater storage and remove impediments to
recharge.
(g) To manage groundwater basins through the actions of local
governmental agencies to the greatest extent feasible, while
minimizing state intervention to only when necessary to ensure that
local agencies manage groundwater in a sustainable manner.
10720.3. (a) This part applies to all groundwater basins in the
state.
(b) To the extent authorized under federal or tribal law, this
part applies to an Indian tribe and to the federal government,
including, but not limited to, the Department of Defense.
10720.5. Groundwater management pursuant to this part shall be
consistent with Section 2 of Article X of the California
Constitution. Nothing in this part modifies rights or priorities to
use or store groundwater consistent with Section 2 of Article X of
the California Constitution, except that in basins designated medium-
or high-priority basins by the department, no extraction of
groundwater between January 1, 2015, and the date of adoption of a
groundwater sustainability plan pursuant to this part, whichever is
sooner, may be used as evidence of, or to establish or defend
against, any claim of prescription.
10720.7. Subject to Chapter 6 (commencing with Section 10725), by
January 31, 2020, all basins designated as high- or medium-priority
basins by the department shall be managed under a groundwater
sustainability plan or coordinated groundwater sustainability plans
pursuant to this part. The Legislature encourages and authorizes
basins designated as low-and very low priority basins by the
department to be managed under groundwater sustainability plans
pursuant to this part.
10720.9. (a) Except as provided in Section 10733.6, this part
does not apply to a local agency that conforms to the requirements of
an adjudication of water rights in a groundwater basin or to that
adjudicated basin. For purposes of this section, an adjudication
includes an adjudication under Section 2101, an administrative
adjudication, and an adjudication in state or federal court,
including, but not limited to, the following adjudicated groundwater
basins:
(1) Beaumont Basin.
(2) Brite Basin.
(3) Central Basin.
(4) Chino Basin.
(5) Cucamonga Basin.
(6) Cummings Basin.
(7) Goleta Basin.
(8) Main San Gabriel Basin: Puente Narrows.
(9) Mojave Basin Area.
(10) Puente Basin.
(11) Raymond Basin.
(12) San Jacinto Basin.
(13) Santa Margarita River Watershed.
(14) Santa Maria Valley Basin.
(15) Santa Paula Basin.
(16) Scott River Stream System.
(17) Seaside Basin.
(18) Six Basins.
(19) Tehachapi Basin.
(20) Upper Los Angeles River Area.
(21) Warren Valley Basin.
(22) West Coast Basin.
(23) Western San Bernardino.
(b) The Antelope Valley basin at issue in the Antelope Valley
Groundwater Cases (Judicial Council Coordination Proceeding Number
4408) shall be treated as an adjudicated basin pursuant to this
section if the superior court issues a final judgment, order, or
decree.
CHAPTER 2. DEFINITIONS
10721. Unless the context otherwise requires, the following
definitions govern the construction of this part:
(a) "Adjudication action" means an action filed in the superior
court to determine the rights to extract groundwater from a basin or
store water within a basin, including, but not limited to, actions to
quiet title respecting rights to extract or store groundwater or an
action brought to impose a physical solution on a basin.
(b) "Basin" means a groundwater basin or subbasin identified and
defined in Bulletin 118 or as modified pursuant to Chapter 3
(commencing with Section 10722).
(c) "Bulletin 118" means the department's report entitled
"California's Groundwater: Bulletin 118" updated in 2003, as it may
be subsequently updated or revised in accordance with Section 12924.
(d) "Coordination agreement" means a legal agreement adopted
between two or more groundwater sustainability agencies that provides
the basis for coordinating multiple agencies or groundwater
sustainability plans within a basin pursuant to this part.
(e) "De minimus extractor" means a person who extracts, for
domestic purposes, two acre-feet or less per year.
(f) "Governing body" means the legislative body of a groundwater
sustainability agency.
(g) "Groundwater" means water beneath the surface of the earth
within the zone below the water table in which the soil is completely
saturated with water, but does not include water that flows in known
and definite channels.
(h) "Groundwater extraction facility" means a device or method for
extracting groundwater from within a basin.
(i) "Groundwater recharge" means the augmentation of groundwater,
by natural or artificial means.
(j) "Groundwater sustainability agency" means one or more local
agencies that implement the provisions of this part. For purposes of
imposing fees pursuant to Chapter 8 (commencing with Section 10730)
or taking action to enforce a groundwater sustainability plan,
"groundwater sustainability agency" also means each local agency
comprising the groundwater sustainability agency if the plan
authorizes separate agency action.
(k) "Groundwater sustainability plan" or "plan" means a plan of a
groundwater sustainability agency proposed or adopted pursuant to
this part.
(l) "Groundwater sustainability program" means a coordinated and
ongoing activity undertaken to benefit a basin, pursuant to a
groundwater sustainability plan.
(m) "Local agency" means a local public agency that has water
supply, water management, or land use responsibilities within a
groundwater basin.
(n) "Operator" means a person operating a groundwater extraction
facility. The owner of a groundwater extraction facility shall be
conclusively presumed to
be the operator unless a satisfactory showing is made to the
governing body of the groundwater sustainability agency that the
groundwater extraction facility actually is operated by some other
person.
(o) "Owner" means a person owning a groundwater extraction
facility or an interest in a groundwater extraction facility other
than a lien to secure the payment of a debt or other obligation.
(p) "Planning and implementation horizon" means a 50-year time
period over which a groundwater sustainability agency determines that
plans and measures will be implemented in a basin to ensure that the
basin is operated within its sustainable yield.
(q) "Public water system" has the same meaning as defined in
Section 116275 of the Health and Safety Code.
(r) "Recharge area" means the area that supplies water to an
aquifer in a groundwater basin.
(s) "Sustainability goal" means the existence and implementation
of one or more groundwater sustainability plans that achieve
sustainable groundwater management by identifying and causing the
implementation of measures targeted to ensure that the applicable
basin is operated within its sustainable yield.
(t) "Sustainable groundwater management" means the management and
use of groundwater in a manner that can be maintained during the
planning and implementation horizon without causing undesirable
results.
(u) "Sustainable yield" means the maximum quantity of water,
calculated over a base period representative of long-term conditions
in the basin and including any temporary surplus, that can be
withdrawn annually from a groundwater supply without causing an
undesirable result.
(v) "Undesirable result" means one or more of the following
effects occurring after January 1, 2015, and caused by groundwater
conditions occurring throughout the basin:
(1) Chronic lowering of groundwater levels indicating a
significant and unreasonable depletion of supply if continued over
the planning and implementation horizon, excluding lowering
groundwater levels caused by a drought.
(2) Significant and unreasonable reduction of groundwater storage.
(3) Significant seawater intrusion.
(4) Significant and unreasonable degraded water quality, including
the migration of contaminant plumes that impair water supplies.
(5) Significant land subsidence that substantially interferes with
surface land uses.
(6) Surface water depletions that have significant adverse impacts
on beneficial uses.
(w) "Water budget" means an accounting of the total groundwater
and surface water entering and leaving a basin including the changes
in the amount of water stored.
(x) "Watermaster" means a watermaster appointed by a court or
pursuant to other law.
(y) "Water year" means the period from October 1 through the
following September 30, inclusive.
(z) "Wellhead protection area" means the surface and subsurface
area surrounding a water well or well field that supplies a public
water system through which contaminants are reasonably likely to
migrate toward the water well or well field.
CHAPTER 3. BASIN BOUNDARIES
10722. Unless other basin boundaries are established pursuant to
this chapter, a basin's boundaries shall be as identified in Bulletin
118.
10722.2. (a) A local agency may request that the department
revise the boundaries of a basin, including the establishment of new
subbasins. A local agency's request shall be supported by the
following information:
(1) Information demonstrating that the proposed adjusted basin can
be the subject of sustainable groundwater management.
(2) Technical information regarding the boundaries of, and
conditions in, the proposed adjusted basin.
(3) Information demonstrating that the entity proposing the basin
boundary adjustment consulted with interested local agencies and
public water systems in the affected basins before filing the
proposal with the department.
(4) Other information the department deems necessary to justify
revision of the basin's boundary.
(b) By January 1, 2016, the department shall develop and publish
guidelines regarding the information required to comply with
subdivision (a). The guidelines required pursuant to this subdivision
are exempt from Chapter 3.5 (commencing with Section 11340) of Part
1 of Division 3 of Title 2 of the Government Code.
(c) The department shall provide a copy of its draft revision of a
basin's boundaries to the California Water Commission. The
California Water Commission shall hear and comment on the draft
revision within 60 days after the department provides the draft
revision to the commission.
10722.4. (a) Pursuant to Section 10933, for the purposes of this
part the department shall categorize each basin as one of the
following priorities:
(1) High priority.
(2) Medium priority.
(3) Low priority.
(4) Very low priority.
(b) The initial priority for each basin shall be established by
the department pursuant to Section 10933 no later than January 1,
2017.
CHAPTER 4. ESTABLISHING GROUNDWATER SUSTAINABILITY AGENCIES
10723. (a) Any local agency or combination of local agencies may
elect to be a groundwater sustainability agency.
(b) Before electing to be a groundwater sustainability agency, and
after publication of notice pursuant to Section 6066 of the
Government Code, the local agency or agencies shall hold a public
hearing in the county or counties overlying the basin.
10723.2. The groundwater sustainability agency shall consider the
interests of all beneficial uses and users of groundwater, as well
as those responsible for implementing groundwater sustainability
plans. These interests include, but are not limited to, all of the
following:
(a) Holders of overlying groundwater rights, including:
(1) Agricultural users.
(2) Domestic well owners.
(b) Municipal well operators.
(c) Public water systems.
(d) Local land use planning agencies.
(e) Environmental users of groundwater.
(f) Surface water users, if there is a hydrologic connection
between surface and groundwater bodies.
(g) The federal government, including, but not limited to, the
military and managers of federal lands.
(h) Indian tribes.
10723.4. The groundwater sustainability agency shall establish
and maintain a list of persons interested in receiving notices
regarding plan preparation, meeting announcements, and availability
of draft plans, maps, and other relevant documents. Any person may
request, in writing, to be placed on the list of interested persons.
10723.6. A combination of local agencies may form a groundwater
sustainability agency by using any of the following methods:
(a) A joint powers agreement.
(b) A memorandum of agreement or other legal agreement.
10723.8. Within 30 days of electing to be or forming a
groundwater sustainability agency, the groundwater sustainability
agency shall inform the department of its election or formation and
its intent to undertake sustainable groundwater management. The
notification shall include the following information, as applicable:
(a) The service area boundaries, the basin the agency is managing,
and the other groundwater sustainability agencies operating within
the basin.
(b) A copy of the resolution forming the new agency.
(c) A copy of the bylaws, ordinances, and new authorities.
10724. (a) In the event that there is an area within a basin that
is not within the management area of a groundwater sustainability
agency, the county within which that unmanaged area lies will be
presumed to be the groundwater sustainability agency for that area.
(b) A county described in subdivision (a) shall provide
notification to the department pursuant to Section 10723.8 unless the
county notifies the department that it will not be the groundwater
sustainability agency for the area. Extractions of groundwater made
after 2016 in that area shall be subject to reporting in accordance
with Part 5.2 (commencing with Section 5200) of Division 2 if the
county does either of the following:
(1) Notifies the department that it will not be the groundwater
sustainability agency for an area.
(2) Fails to provide notification to the department pursuant to
Section 10723.8 for an area on or before January 1, 2017.
CHAPTER 5. POWERS AND AUTHORITIES
10725. (a) A groundwater sustainability agency may exercise any
of the powers described in this chapter in implementing this part, in
addition to, and not as a limitation on, any existing authority, if
the groundwater sustainability agency adopts and submits to the
department a groundwater sustainability plan or prescribed
alternative documentation in accordance with Section 10733.6.
(b) A groundwater sustainability agency has and may use the powers
in this chapter to provide the maximum degree of local control and
flexibility consistent with the sustainability goals of this part.
10725.2. (a) A groundwater sustainability agency may perform any
act necessary or proper to carry out the purposes of this part.
(b) A groundwater sustainability agency may adopt rules,
regulations, ordinances, and resolutions for the purpose of this
part, in compliance with any procedural requirements applicable to
the adoption of a rule, regulation, ordinance, or resolution by the
groundwater sustainability agency.
(c) In addition to any other applicable procedural requirements,
the groundwater sustainability agency shall provide notice of the
proposed adoption of the groundwater sustainability plan on its
Internet Web site and provide for electronic notice to any person who
requests electronic notification.
10725.4. (a) A groundwater sustainability agency may conduct an
investigation for the purposes of this part, including, but not
limited to, investigations for the following:
(1) To determine the need for groundwater management.
(2) To prepare and adopt a groundwater sustainability plan and
implementing rules and regulations.
(3) To propose and update fees.
(4) To monitor compliance and enforcement.
(b) An investigation may include surface waters and surface water
rights as well as groundwater and groundwater rights.
(c) In connection with an investigation, a groundwater
sustainability agency may inspect the property or facilities of a
person or entity to ascertain whether the purposes of this part are
being met and compliance with this part. The local agency may conduct
an inspection pursuant to this section upon obtaining any necessary
consent or obtaining an inspection warrant pursuant to the procedure
set forth in Title 13 (commencing with Section 1822.50) of Part 3 of
the Code of Civil Procedure.
10725.6. A groundwater sustainability agency may require
registration of a groundwater extraction facility within the
management area of the groundwater sustainability agency.
10725.8. (a) A groundwater sustainability agency may require
through its groundwater sustainability plan that the use of every
groundwater extraction facility within the management area of the
groundwater sustainability agency be measured by a water-measuring
device satisfactory to the groundwater sustainability agency.
(b) All costs associated with the purchase and installation of the
water-measuring device shall be borne by the owner or operator of
each groundwater extraction facility. The water measuring devices
shall be installed by the groundwater sustainability agency or, at
the groundwater sustainability agency's option, by the owner or
operator of the groundwater extraction facility. Water-measuring
devices shall be calibrated on a reasonable schedule as may be
determined by the groundwater sustainability agency.
(c) A groundwater sustainability agency may require, through its
groundwater sustainability plan, that the owner or operator of a
groundwater extraction facility within the groundwater sustainability
agency file an annual statement with the groundwater sustainability
agency setting forth the total extraction in acre-feet of groundwater
from the facility during the previous water year.
(d) In addition to the measurement of groundwater extractions
pursuant to subdivision (a), a groundwater sustainability agency may
use any other reasonable method to determine groundwater extraction.
(e) This section does not apply to de minimus extractors.
10726. An entity within the area of a groundwater sustainability
plan shall only divert surface water to underground storage
consistent with the plan and shall report the diversion to
underground storage to the groundwater sustainability agency for the
relevant portion of the basin.
10726.2. A groundwater sustainability agency may do the
following:
(a) Acquire by grant, purchase, lease, gift, devise, contract,
construction, or otherwise, and hold, use, enjoy, sell, let, and
dispose of, real and personal property of every kind, including
lands, water rights, structures, buildings, rights-of-way, easements,
and privileges, and construct, maintain, alter, and operate any and
all works or improvements, within or outside the agency, necessary or
proper to carry out any of the purposes of this part.
(b) Appropriate and acquire surface water or groundwater and
surface water or groundwater rights, import surface water or
groundwater into the agency, and conserve and store within or outside
the agency that water for any purpose necessary or proper to carry
out the provisions of this part, including, but not limited to, the
spreading, storing, retaining, or percolating into the soil of the
waters for subsequent use or in a manner consistent with the
provisions of Section 10727.2. As part of this authority, the agency
may validate an existing groundwater conjunctive use or storage
program upon a finding that the program would aid or assist the
agency in developing or implementing a groundwater sustainability
plan.
(c) Provide for a program of voluntary fallowing of agricultural
lands or validate an existing program.
(d) Perform any acts necessary or proper to enable the agency to
purchase, transfer, deliver, or exchange water or water rights of any
type with any person that may be necessary or proper to carry out
any of the purposes of this part, including, but not limited to,
providing surface water in exchange for a groundwater extractor's
agreement to reduce or cease groundwater extractions. The agency
shall not deliver retail water supplies within the service area of a
public water system without either the consent of that system or
authority under the agency's existing authorities.
(e) Transport, reclaim, purify, desalinate, treat, or otherwise
manage and control polluted water, wastewater, or other waters for
subsequent use in a manner that is necessary or proper to carry out
the purposes of this part.
(f) Commence, maintain, intervene in, defend, compromise, and
assume the cost and expenses of any and all actions and proceedings.
10726.4. (a) A groundwater sustainability agency shall have the
following additional authority and may regulate groundwater pumping
using that authority:
(1) To impose spacing requirements on new groundwater well
construction to minimize well interference and impose reasonable
operating regulations on existing groundwater wells to minimize well
interference, including requiring pumpers to operate on a rotation
basis.
(2) To control groundwater extractions by regulating, limiting, or
suspending extractions from individual groundwater wells or
extractions from groundwater wells in the aggregate, the construction
of new groundwater wells, the enlarging of existing groundwater
wells, the reactivation of abandoned groundwater wells, or otherwise
establishing groundwater extraction allocations. A limitation on
extractions by a groundwater sustainability agency shall not be
construed to be a final determination of rights to extract
groundwater from the basin or any portion of the basin.
(3) To authorize temporary and permanent transfers of groundwater
extraction allocations within the agency's boundaries, if the total
quantity of groundwater extracted in any water year is consistent
with the provisions of the groundwater sustainability plan.
(4) To establish accounting rules to allow unused groundwater
extraction allocations issued by the agency to be carried over from
one year to another and voluntarily transferred, if the total
quantity of groundwater extracted in any five-year period is
consistent with the provisions of the groundwater sustainability
plan.
(b) Nothing in this section shall be construed to grant a
groundwater sustainability agency the authority to issue permits for
the construction, modification, or abandonment of groundwater wells.
A county may authorize a groundwater sustainability agency to issue
permits for the construction, modification, or abandonment of
groundwater wells.
10726.6. (a) A groundwater sustainability agency that adopts a
groundwater sustainability plan may file an action to determine the
validity of the plan pursuant to Chapter 9 (commencing with Section
860) of Title 10 of Part 2 of the Code of Civil Procedure.
(b) Subject to Sections 394 and 397 of the Code of Civil
Procedure, the venue for an action pursuant to this section shall be
the county in which the principal office of the groundwater
management agency is located.
(c) Any judicial action or proceeding to attack, review, set
aside, void, or annul the ordinance or resolution imposing a new, or
increasing an existing, fee imposed pursuant to Section 10730,
10730.2, or 10730.4 shall be brought pursuant to Section 66022 of the
Government Code.
(d) Any person may pay a fee imposed pursuant to Section 10730,
10730.2, or 10730.4 under protest and bring an action against the
governing body in the superior court to recover any money that the
governing body refuses to refund. Payments made and actions brought
under this section shall be made and brought in the manner provided
for the payment of taxes under protest and actions for refund of that
payment in Article 2 (commencing with Section 5140) of Chapter 5 of
Part 9 of Division 1 of the Revenue and Taxation Code, as applicable.
(e) Except as otherwise provided in this section, actions by a
groundwater sustainability agency are subject to judicial review
pursuant to Section 1085 of the Code of Civil Procedure.
10726.8. (a) This part is in addition to, and not a limitation
on, the authority granted to a local agency under any other law. The
local agency may use the local agency's authority under any other law
to apply and enforce any requirements of this part, including, but
not limited to, the collection of fees.
(b) Nothing in this part is a limitation on the authority of the
board, the department, or the State Department of Public Health.
(c) This part does not authorize a local agency to impose any
requirement or impose any penalty or fee on the state or any agency,
department, or officer of the state. State agencies and departments
shall work cooperatively with a local agency on a voluntary basis.
CHAPTER 6. GROUNDWATER SUSTAINABILITY PLANS
10727. (a) A groundwater sustainability plan shall be developed
and implemented for each medium- or high-priority basin by a
groundwater sustainability agency to meet the sustainability goal
established pursuant to this part. The groundwater sustainability
plan may incorporate, extend, or be based on a plan adopted pursuant
to Part 2.75 (commencing with Section 10750).
(b) A groundwater sustainability plan may be any of the following:
(1) A single plan covering the entire basin developed and
implemented by one groundwater sustainability agency.
(2) A single plan covering the entire basin developed and
implemented by multiple groundwater sustainability agencies.
(3) Subject to Section 10727.6, multiple plans implemented by
multiple groundwater sustainability agencies and coordinated pursuant
to a single coordination agreement that covers the entire basin.
10727.2. A groundwater sustainability plan shall include all of
the following:
(a) A description of the physical setting and characteristics of
the aquifer system underlying the basin that includes the following:
(1) Historical data, to the extent available.
(2) Groundwater levels, groundwater quality, subsidence, and
groundwater-surface water interaction.
(3) A general discussion of historical and projected water demands
and supplies.
(4) A map that details the area of the basin and the boundaries of
the groundwater sustainability agencies that overlie the basin that
have or are developing groundwater sustainability plans.
(5) A map identifying existing and potential recharge areas for
the basin. The map or maps shall identify the existing recharge areas
that substantially contribute to the replenishment of the
groundwater basin. The map or maps shall be provided to the
appropriate local planning agencies after adoption of the groundwater
sustainability plan.
(b) (1) Measurable objectives, as well as interim milestones in
increments of five years, to achieve the sustainability goal in the
basin within 20 years of the implementation of the plan.
(2) A description of how the plan helps meet each objective and
how each objective is intended to achieve the sustainability goal for
the basin for long-term beneficial uses of groundwater.
(3) Notwithstanding paragraph (1), at the request of the
groundwater sustainability agency, the department may grant an
extension of up to 10 years beyond the 20-year sustainability
timeframe upon a showing of good cause.
(c) A planning and implementation horizon of 50 years.
(d) Components relating to the following, as applicable to the
basin:
(1) The monitoring and management of groundwater levels within the
basin.
(2) The monitoring and management of groundwater quality,
groundwater quality degradation, inelastic land surface subsidence,
and changes in surface flow and surface water quality that directly
affect groundwater levels or quality or are caused by groundwater
pumping in the basin.
(3) Mitigation of overdraft.
(4) How recharge areas identified in the plan substantially
contribute to the replenishment of the basin.
(e) A summary of the type of monitoring sites, type of
measurements, and the frequency of monitoring for each location
monitoring groundwater levels, groundwater quality, subsidence,
streamflow, precipitation, evaporation, and tidal influence. The plan
shall include a summary of monitoring information such as well
depth, screened intervals, and aquifer zones monitored, and a summary
of the type of well relied on for the information, including public,
irrigation, domestic, industrial, and monitoring wells.
(f) Monitoring protocols that are designed to detect changes in
groundwater levels, groundwater quality, inelastic surface subsidence
for basins for which subsidence has been identified as a potential
problem, and flow and quality of surface water that directly affect
groundwater levels or quality or are caused by groundwater pumping in
the basin. The monitoring protocols shall be designed to generate
information that promotes efficient and effective groundwater
management.
10727.4. In addition to the requirements of Section 10727.2, a
groundwater sustainability plan shall include, where appropriate and
in collaboration with the appropriate local agencies, all of the
following:
(a) Control of saline water intrusion.
(b) Wellhead protection areas and recharge areas.
(c) Migration of contaminated groundwater.
(d) A well abandonment and well destruction program.
(e) Replenishment of groundwater extractions.
(f) Activities implementing, opportunities for, and impediments
to, conjunctive use.
(g) Well construction policies.
(h) Measures addressing groundwater contamination cleanup,
recharge, diversions to storage, conservation, water recycling,
conveyance, and extraction projects.
(i) Efficient water management practices, as defined in Section
10902, for the delivery of water and water conservation methods to
improve the efficiency of water use.
(j) Efforts to develop relationships with state and federal
regulatory agencies.
(k) Processes to review land use plans and efforts to coordinate
with land use planning agencies to assess activities that potentially
create risks to groundwater quality or quantity.
10727.6. Groundwater sustainability agencies intending to develop
and implement multiple groundwater sustainability plans pursuant to
paragraph (3) of subdivision (b) of Section 10727 shall coordinate
with other agencies preparing a groundwater sustainability plan
within the basin to ensure that the plans utilize the same data for
the following assumptions in developing the plan:
(a) Groundwater elevation data.
(b) Groundwater extraction data.
(c) Surface water supply.
(d) Total water use.
(e) Change in groundwater storage.
(f) Water budget.
(g) Sustainable yield.
10727.8. Prior to initiating the development of a groundwater
sustainability plan, the groundwater sustainability agency shall make
available to the public and the department a written statement
describing the manner in which interested parties may participate in
the development and implementation of the groundwater sustainability
plan. The groundwater sustainability agency may appoint and consult
with an advisory committee consisting of interested parties for the
purposes of developing and implementing a groundwater sustainability
plan. The groundwater sustainability agency shall encourage the
active involvement of diverse social, cultural, and economic elements
of the population within the groundwater basin prior to and during
the development and implementation of the groundwater sustainability
plan.
10728. (a) Except as provided in subdivision (b), a groundwater
sustainability agency shall certify that its plan complies with this
part no later than January 31, 2020, and every five years thereafter.
A groundwater sustainability agency shall submit this certification
to the department within 30 days of the certification.
(b) (1) The department may review the submissions made pursuant to
this section and Section 10733.6 and may request the supporting
information on which the certification pursuant to subdivision (a)
relied upon or the other documentation relied upon pursuant to
subdivision (b) of Section 10733.6. The department may issue findings
concerning the validity of the certification or other submission.
(2) Before issuing findings pursuant to paragraph (1), the
department shall transmit a draft of its findings to the submitting
agency and shall consult with that agency. The submitting agency may
submit a response to the department within 60 days of receiving the
department's draft findings.
(3) If the department's findings issued pursuant to paragraph (1)
concern the compliance of a plan with requirements for sustainable
groundwater management or the operation of a basin consistent with
the basin's sustainable yield, the submitting agency, within 90 days
of receipt, shall consider amendments to its plan or technical
analysis to address the department's findings.
10728.2. A groundwater sustainability agency shall periodically
evaluate its groundwater sustainability plan, assess changing
conditions in the basin that may warrant modification of the plan or
management objectives, and may adjust components in the plan. An
evaluation of the plan shall focus on determining whether the actions
under the plan are meeting the plan's management objectives and
whether those objectives are meeting the sustainability goal in the
basin.
10728.4. A groundwater sustainability agency may adopt or amend a
groundwater sustainability plan if the groundwater sustainability
agency holds a public hearing and more than 90 days have passed since
the groundwater sustainability agency provided notice to a city or
county within the area of the proposed plan or amendment. The
groundwater sustainability agency shall obtain comments from any city
or county that receives notice pursuant to this section and shall
consult with a city or county that requests consultation within 30
days of receipt of the notice. Nothing in this section is intended to
preclude an agency and a city or county from otherwise consulting or
commenting regarding the adoption or amendment of a plan.
CHAPTER 7. TECHNICAL ASSISTANCE
10729. (a) The department or a groundwater sustainability agency
may provide technical assistance to entities that extract or use
groundwater to promote water conservation and protect groundwater
resources.
(b) The department may provide technical assistance to any
groundwater sustainability agency in response to that agency's
request for assistance in the development and implementation of a
groundwater sustainability plan. The department shall use its best
efforts to provide the requested assistance.
(c) (1) By January 1, 2017, the department shall publish on its
Internet Web site best management practices for the sustainable
management of groundwater.
(2) The department shall develop the best management practices
through a public process involving one public meeting conducted at a
location in northern California, one public meeting conducted at a
location in the San Joaquin Valley, one public meeting conducted at a
location in southern California, and one public meeting of the
California Water Commission.
CHAPTER 8. FINANCIAL AUTHORITY
10730. (a) A groundwater sustainability agency may impose fees,
including, but not limited to, permit fees and fees on groundwater
extraction or other regulated activity, to fund the costs of a
groundwater sustainability program, including, but not limited to,
preparation, adoption, and amendment of a groundwater sustainability
plan, and program administration, investigations, inspections,
compliance assistance, and enforcement. A groundwater sustainability
agency shall not impose a fee pursuant to this subdivision on a de
minimus extractor unless the agency has regulated the users pursuant
to this part.
(b) (1) Prior to imposing or increasing a fee, a groundwater
sustainability agency shall hold at least one open and public
meeting, at which oral or written presentations may be made as part
of the meeting.
(2) Notice of the time and place of the meeting shall include a
general explanation of the matter to be considered and a statement
that the data required by this section is available. The notice shall
be mailed at least 14 days prior to the meeting to each record owner
of property within the basin and to any interested party who files a
written request with the agency for mailed notice of the meeting on
new or increased fees. A written request for mailed notices shall be
valid for one year from the date that the request is made and may be
renewed by making a written request on or before April 1 of each
year.
(3) At least 10 days prior to the meeting, the groundwater
sustainability agency shall make available to the public data upon
which the proposed fee is based.
(c) Any action by a groundwater sustainability agency to impose or
increase a fee shall be taken only by ordinance or resolution.
(d) (1) As an alternative method for the collection of fees
imposed pursuant to this section, a groundwater management agency may
adopt a resolution requesting collection of the fees in the same
manner as ordinary municipal ad valorem taxes.
(2) A resolution described in paragraph (1) shall be adopted and
furnished to the county auditor-controller and board of supervisors
on or before August 1 of each year that the alternative collection of
the fees is being requested. The resolution shall include a list of
parcels and the amount to be collect for each parcel.
(e) The power granted by this section is in addition to any powers
a groundwater sustainability agency has under any other law.
10730.2. (a) A groundwater sustainability agency that adopts a
groundwater sustainability plan pursuant to this part may impose fees
on the extraction of groundwater from the basin to fund costs of
groundwater management, including, but not limited to, the costs of
the following:
(1) Administration, operation, maintenance, and acquisition of
lands or other property, facilities, and services.
(2) Supply, production, treatment, or distribution of water.
(3) Other activities necessary or convenient to implement the
plan.
(b) Fees may be implemented pursuant to Part 2.75 (commencing with
Section 10750) in accordance with the procedures provided in this
section.
(c) Fees imposed pursuant to this section shall be adopted in
accordance with subdivisions (a) and (b) of Section 6 of Article XIII
D of the California Constitution.
(d) Fees imposed pursuant to this section may include fixed fees
and fees charged on a volumetric basis, including, but not limited
to, fees that increase based on the quantity of groundwater produced
annually, the year in which the production of groundwater commenced
from a groundwater extraction facility, and impacts to the basin.
(e) The power granted by this section is in addition to any powers
a groundwater sustainability agency has under any other law.
10730.4. A groundwater sustainability agency may fund activities
pursuant to Part 2.75 (commencing with Section 10750) and may impose
fees pursuant to Section 10732.5 to fund activities undertaken by the
agency pursuant to Part 2.75 (commencing with Section 10750).
10730.6. (a) A groundwater fee levied pursuant to this chapter
shall be due and payable to the groundwater sustainability agency by
each owner or operator on a day established by the groundwater
sustainability agency.
(b) If an owner or operator knowingly fails to pay a groundwater
fee within 30 days of it becoming due, the owner or operator shall be
liable to the groundwater sustainability agency for interest at the
rate of 1 percent per month on the delinquent amount of the
groundwater fee and a 10 percent penalty.
(c) The groundwater sustainability agency may bring a suit in the
court having jurisdiction against any owner or operator of a
groundwater extraction facility within the area covered by the plan
for the collection of any delinquent groundwater fees, interest, or
penalties imposed under this chapter. If the groundwater
sustainability agency seeks an attachment against the property of any
named defendant in the suit, the groundwater sustainability agency
shall not be required to furnish a bond or other undertaking as
provided in Title 6.5 (commencing with Section 481.010) of Part 2 of
the Code of Civil Procedure.
(d) In the alternative to bringing a suit pursuant to subdivision
(c), a groundwater sustainability agency may collect any delinquent
groundwater charge and any civil penalties and interest on the
delinquent groundwater charge pursuant to the laws applicable to the
local agency or, if a joint powers authority, to the entity
designated pursuant to Section 6509 of the Government Code. The
collection shall be in the same manner as it would be applicable to
the collection of delinquent assessments, water charges, or tolls.
(e) As an additional remedy, a groundwater sustainability agency,
after a public hearing, may order an owner or operator to cease
extraction of groundwater until all delinquent fees are paid. The
groundwater sustainability agency shall give notice to the owner or
operator by certified mail not less than 15 days in advance of the
public hearing.
(f) The remedies specified in this section for collecting and
enforcing fees are cumulative and may be pursued alternatively or may
be used consecutively as determined by the governing body.
10730.8. (a) Nothing in this chapter shall affect or interfere
with the authority of a groundwater sustainability agency to levy and
collect taxes, assessments, charges, and tolls as otherwise provided
by law.
(b) For the purposes of Section 6254.16 of the Government Code,
persons subject to payment of fees pursuant to this chapter are
utility customers of a groundwater sustainability agency.
10731. (a) If there is reasonable cause to believe that the
production of groundwater from any groundwater extraction facility is
in excess of that disclosed by the statements covering the facility
or if no statement is filed covering the facility, the governing body
may cause an investigation and report to be made concerning the
production of groundwater from that groundwater extraction facility
that includes, but is not limited to, the accuracy of the
water-measuring device. The governing body may make a determination
fixing the amount of groundwater production from the groundwater
extraction facility at an amount not to exceed the maximum production
capacity of the facility for purposes of levying a groundwater
charge. If a water-measuring device is permanently attached to the
groundwater extraction facility, the record of production as
disclosed by the water-measuring device shall be presumed to be
accurate unless the contrary is established by the groundwater
management agency after investigation.
(b) After the governing body makes a determination fixing the
amount of groundwater production pursuant to subdivision (a), a
written notice of the determination shall be mailed to the owner or
operator of the groundwater extraction facility at the address as
shown by the groundwater management agency's records. A determination
made by the governing body shall be conclusive on the owner or
operator and the groundwater charges, based on the determination
together with any interest and penalties, shall be payable
immediately unless within 10 days after the mailing of the notice the
owner or operator files with the governing body a written protest
setting forth the ground for protesting the amount of production or
the groundwater charges, interest, and penalties. If a protest is
filed pursuant to this subdivision, the governing body shall hold a
hearing to determine the total amount of the groundwater production
and the groundwater charges, interest, and penalties. The
determination by the governing body at the hearing shall be
conclusive if based upon substantial evidence. Notice of the hearing
shall be mailed to each protestant at least 10 days before the date
fixed for the hearing. Notice of the determination of the governing
body hearing shall be mailed to each protestant. The owner or
operator shall have 20 days from the date of mailing of the
determination to pay the groundwater charges, interest, and penalties
determined by the governing body.
CHAPTER 9. GROUNDWATER SUSTAINABILITY AGENCY ENFORCEMENT
POWERS
10732. (a) (1) A person who extracts groundwater in excess of the
amount that person is authorized to extract under a rule,
regulation, ordinance, or resolution adopted pursuant to Section
10725.2, shall be subject to a civil penalty not to exceed five
hundred dollars ($500) per acre-foot extracted in excess of the
amount that person is authorized to extract. Liability under this
subdivision is in addition to any liability imposed under paragraph
(2) and any fee imposed for the extraction.
(2) A person who violates any rule, regulation, ordinance, or
resolution adopted pursuant to Section 10724.2 shall be liable for a
civil penalty not to exceed one thousand dollars ($1,000) plus one
hundred dollars ($100) for each additional day on which the violation
continues if the person fails to comply within 30 days after the
local agency has notified the person of the violation.
(b) (1) A groundwater sustainability agency may bring an action in
the superior court to determine whether a violation occurred and to
impose a civil penalty described in subdivision (a).
(2) A groundwater sustainability agency may administratively
impose a civil penalty described in subdivision (a) after providing
notice and an opportunity for a hearing.
(3) In determining the amount of the penalty, the superior court
or the groundwater sustainability agency shall take into
consideration all relevant circumstances, including, but not limited
to, the nature and persistence of the violation, the extent of the
harm caused by the violation, the length of time over which the
violation occurs, and any corrective action taken by the violator.
(c) A penalty imposed pursuant to this section shall be paid to
the groundwater sustainability agency and shall be expended solely
for purposes of this part.
(d) Penalties imposed pursuant to this section are in addition to
any civil penalty or criminal fine under any other law.
CHAPTER 10. STATE EVALUATION AND ASSESSMENT
10733. (a) The department shall periodically review the
groundwater sustainability plans developed by groundwater
sustainability agencies pursuant to this part to evaluate whether a
plan conforms with Sections 10727.2 and 10727.4 and is likely to
achieve the sustainability goal for the basin covered by the
groundwater sustainability plan.
(b) If a groundwater sustainability agency develops multiple
groundwater sustainability plans for a basin, the department shall
evaluate whether the plans conform with Sections 10727.2, 10727.4,
and 10727.6 and are together likely to achieve the sustainability
goal for the basin covered by the groundwater sustainability plans.
10733.2. (a) By June 1, 2016, the department, in consultation
with the board, shall develop guidelines for evaluating groundwater
sustainability plans and groundwater sustainability programs pursuant
to this chapter.
(b) The guidelines shall identify the necessary plan components
specified in Sections 10727.2 and 10727.4 and other information that
will assist local agencies in developing and implementing groundwater
sustainability plans and groundwater sustainability programs.
(c) The department may update the guidelines, including to
incorporate the best management practices identified pursuant to
Section 10729.
(d) The guidelines required pursuant to this section are exempt
from Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code. The establishment of
guidelines pursuant to this section shall instead be accomplished by
means of a public process reasonably calculated to give interested
persons an opportunity to be heard.
10733.4. (a) Upon completion of a groundwater sustainability
plan, a groundwater sustainability agency shall submit the
groundwater sustainability plan to the department for review pursuant
to this chapter.
(b) If groundwater sustainability agencies develop multiple
groundwater sustainability plans for a basin, the submission required
by subdivision (a) shall not occur until the entire basin is covered
by groundwater sustainability plans. When the entire basin is
covered by groundwater sustainability plans, the groundwater
sustainability agencies shall jointly submit to the department all of
the following:
(1) The groundwater sustainability plans.
(2) An explanation of how the groundwater sustainability plans
implemented together satisfy Section 10729 for the entire basin.
(3) A copy of the coordination agreement between the groundwater
sustainability agencies to ensure the coordinated implementation of
the groundwater sustainability plans for the entire basin.
(c) Upon receipt of a groundwater sustainability plan, the
department shall post the plan on the department's Internet Web site
and provide 60 days for persons to submit comments to the department
about the plan.
(d) The department shall evaluate the groundwater sustainability
plan within two years of its submission by a groundwater
sustainability agency and issue an assessment of the plan. The
assessment may include recommended corrective actions to address any
deficiencies identified by the department.
10733.6. (a) If there is not a groundwater sustainability plan
for a basin, but a local agency believes that an alternative plan,
such as a plan developed pursuant to Part 2.75 (commencing with
Section 10750), satisfies the objectives of this part, the local
agency may submit the alternative plan to the department for
evaluation and assessment of whether the plan is the functional
equivalent of a groundwater sustainability plan pursuant to this
part. In evaluating an alternative plan, the department shall, to the
extent feasible, use the guidelines developed pursuant to Section
10733.2.
(b) A basin shall be in compliance with this part if a groundwater
agency for a basin or other local agency submits to the department,
no later than January 31, 2020, and every five years thereafter, any
of the following documents:
(1) A copy of a governing final judgment or other judicial order
or decree establishing a groundwater sustainability program for the
basin.
(2) A report approved by a groundwater agency that shows that
current management or operations activities have been consistent with
the sustainable yield of the basin over a period of at least 10
years. The report shall be prepared by a registered professional
engineer or geologist who is licensed by the state and submitted
under that engineer's or geologist's seal. The report may demonstrate
compliance with the sustainability goal in the basin by presenting a
balanced water budget for the basin, a technical analysis
demonstrating stable groundwater levels over the relevant period, or
other sufficient technical analyses.
10733.8. At least every five years after submission, the
department, in consultation with the board, shall review any
available groundwater sustainability plan, alternative plan submitted
in accordance with Section 10729.6, and the implementation of the
corresponding groundwater sustainability program for consistency with
this part, including achieving the sustainability goal. The
department shall issue an assessment for each basin for which a plan
has been submitted in accordance with this chapter. The assessment
may include recommended corrective actions to address any
deficiencies identified by the department.
10734. (a) Consistent with Section 3 of Article XIII A of the
California Constitution, the department shall adopt a schedule of
fees to recover costs incurred in carrying out this chapter.
(b) It is the intent of the Legislature to amend this measure to
adopt additional authority for the department to implement the fee
authority provided by this section.
CHAPTER 11. STATE
INTERVENTION
10735. As used in this chapter, the following terms have the
following meanings:
(a) "Condition of long-term overdraft" means the condition of a
groundwater basin where the average annual amount of water extracted
for a long-term period, generally 10 years or more, exceeds the
long-term average annual supply of water to the basin, plus any
temporary surplus. Overdraft during a period of drought is not
sufficient to establish a condition of long-term overdraft if
extractions and recharge are managed as necessary to ensure that
reductions in groundwater levels or storage during a period of
drought are offset by increases in groundwater levels or storage
during other periods.
(b) "Person" means any person, firm, association, organization,
partnership, business, trust, corporation, limited liability company,
or public agency, including any city, county, city and county,
district, joint powers authority, state, or any agency or department
of those entities. "Person" includes, to the extent authorized by
federal law, the United States, a department, agency or
instrumentality of the federal government, an Indian tribe, an
authorized Indian tribal organization, or interstate body.
(c) "Probationary basin" means a basin for which the board has
issued a determination under this section.
(d) "Significant depletions of interconnected surface waters"
means reductions in flow or levels of a surface water that is
hydrologically connected to the basin such that the reduced surface
water flow or level adversely affects beneficial uses of the surface
water.
10735.2. (a) The board, after notice and a public hearing, may
designate a basin as a probationary basin, if the board finds one or
more of the following applies to the basin:
(1) After January 1, 2017, none of the following have occurred:
(A) No local agency has elected to be a groundwater sustainability
agency that intends to develop a groundwater sustainability plan for
the entire basin.
(B) No collection of local agencies has formed a groundwater
sustainability agency or prepared agreements to develop one or more
groundwater sustainability plans that will collectively serve as a
groundwater sustainability plan for the entire basin.
(C) There is no plan developed pursuant to Part 2.75 (commencing
with Section 10750) that satisfies the objectives of this part.
(D) There is no report approved by a groundwater agency that shows
that current management or operations activities have been
consistent with the sustainable yield of the basin over a period of
at least 10 years, as described in paragraph (2) of subdivision (b)
of Section 10733.6.
(2) After January 31, 2020, none of the following have occurred:
(A) No groundwater sustainability agency has adopted a groundwater
sustainability plan for the entire basin.
(B) No collection of local agencies have adopted groundwater
sustainability plans that collectively serve as a groundwater
sustainability plan for the entire basin.
(C) The department has not determined that a local agency has a
functional equivalent as described in Section 10733.6.
(D) There is no report approved by a groundwater agency that shows
that current management or operations activities have been
consistent with the sustainable yield of the basin over a period of
at least 10 years, as described in paragraph (2) of subdivision (b)
of Section 10733.6.
(3) After January 31, 2020, either of the following have occurred:
(A) The department has determined that a groundwater
sustainability plan is inadequate or that the groundwater
sustainability program is not being implemented in a manner that will
likely achieve the sustainability goal.
(B) The basin is in a condition of long-term overdraft or in a
condition where groundwater extractions result in significant
depletions of interconnected surface waters.
(b) (1) In making the findings associated with subparagraph (A) of
paragraph (3) of subdivision (a), the board may rely on periodic
assessments the department has prepared pursuant to Chapter 10
(commencing with Section 10733). The board may request that the
department conduct additional assessments utilizing the guidelines
developed pursuant to Chapter 10 (commencing with 10733) and make
determinations pursuant to this section. The board shall post on its
Internet Web site and provide at least 30 days for the public to
comment on any determinations provided by the department pursuant to
this subdivision.
(2) The board shall consult with the department in assessing
technical determinations pursuant to subparagraph (A) of paragraph
(3) of subdivision (a).
(c) The determination shall set an amount of groundwater
extractions, for purposes of establishing the amount for which
reports of groundwater extraction are required under Part 5.2
(commencing with Section 5200) of Division 2, and may include
exclusions for certain classes or categories of extractions that are
likely to have a minimal impact on basin withdrawals.
10735.4. (a) If the board designates a basin as a probationary
basin pursuant to paragraph (1) or (2) of subdivision (a) of Section
10735.2, a local agency or groundwater sustainability agency shall
have 180 days to remedy the deficiency. The board may appoint a
mediator or other facilitator, after consultation with affected local
agencies, to assist in resolving disputes, and identifying and
implementing actions that will remedy the deficiency.
(b) After the 180-day period provided by subdivision (a), the
board may provide additional time to remedy the deficiency if it
finds that a local agency is making substantial progress toward
remedying the deficiency.
(c) The board may develop an interim plan pursuant to Section
10735.8 for the probationary basin at the end of the time period
provided by subdivision (a) or any extension provided pursuant to
subdivision (b), if the board, in consultation with the department,
determines that a local agency has not remedied the deficiency that
resulted in designating the basin as a probationary basin pursuant to
this section.
10735.6. (a) If the board designates a basin as a probationary
basin pursuant to paragraph (3) of subdivision (a) of Section
10735.2, the board shall identify the specific deficiencies and
identify potential actions to address the deficiencies. The board may
request the department to provide local agencies, within 90 days of
the designation of a probationary basin, with technical
recommendations to remedy the deficiencies.
(b) The board may develop an interim plan pursuant to Section
10735.8 for the probationary basin one year after the designation of
the basin pursuant to paragraph (3) of subdivision (a) of Section
10735.2, if the board, in consultation with the department,
determines that a local agency has not remedied the deficiency that
result in designating the basin a probationary basin.
10735.8. (a) The board, after notice and a public hearing, may
adopt an interim plan for a probationary basin.
(b) The interim plan shall include all of the following:
(1) Identification of the actions that are necessary to correct a
condition of long-term overdraft or a condition where groundwater
extractions result in significant depletions of interconnected
surface waters, including recommendations for appropriate action by
any person.
(2) A time schedule for the actions to be taken.
(3) A description of the monitoring to be undertaken to determine
effectiveness of the plan.
(c) The interim plan may include the following:
(1) Restrictions on groundwater pumping or extraction.
(2) A physical solution.
(3) Principles and guidelines for the administration of rights to
surface waters that are connected to the basin.
(d) To the extent feasible, consistent with Sections 100 and 275
and subdivision (e), the interim plan shall be consistent with water
right priorities.
(e) Where, in the judgment of the board, a groundwater
sustainability plan, groundwater sustainability program, or an
adjudication action can be relied on as part of the interim plan,
either throughout the basin or in an area within the basin, the board
may rely on, or incorporate elements of, that plan, program, or
adjudication into the interim plan adopted by the board or allow
local agencies to continue implementing those parts of a plan or
program that the board determines are adequate.
(f) In carrying out activities that may affect the probationary
basin, state entities shall comply with an interim plan adopted by
the board pursuant to this section unless otherwise directed or
authorized by statute and the state entity shall indicate to the
board in writing the authority for not complying with the interim
plan.
(g) (1) After the board adopts an interim plan under this section,
the board shall determine if a groundwater sustainability plan or an
adjudication action is adequate to eliminate the condition of
long-term overdraft or condition where groundwater extractions result
in significant depletions of interconnected surface waters, upon
petition of either of the following:
(A) A groundwater sustainability agency that has adopted a
groundwater sustainability plan for the probationary basin or a
portion thereof.
(B) A person authorized to file the petition by a judicial order
or decree entered in an adjudication action in the probationary
basin.
(2) The board shall act on a petition filed pursuant to paragraph
(1) within 90 days after the petition is complete. If the board
determines that the groundwater sustainability plan or adjudication
action is adequate, the board shall rescind the interim plan adopted
by the board for the probationary basin, except as provided in
paragraphs (3) and (4).
(3) Upon request of the petitioner, the board may amend an interim
plan adopted under this section to eliminate portions of the interim
plan, while allowing other portions of the interim plan to continue
in effect.
(4) The board may decline to rescind an interim plan adopted
pursuant to this section if the board determines that the petitioner
has not provided adequate assurances that the groundwater
sustainability plan or judicial order or decree will be implemented.
(5) This subdivision is not a limitation on the authority of the
board to stay its proceedings under this section or to rescind or
amend an interim plan adopted pursuant to this section based on the
progress made by a groundwater sustainability agency or in an
adjudication action, even if the board cannot make a determination of
adequacy in accordance with paragraph (1).
10736. (a) The board shall adopt or amend a determination or
interim plan under Section 10735.2 or 10735.8 in accordance with
procedures for quasi-legislative action.
(b) The board shall provide notice of a hearing described in
subdivision (a) of Section 10735.2 or subdivision (a) of Section
10735.8 as follows:
(1) At least 90 days before the hearing, the board shall publish
notice of the hearing on its Internet Web site.
(2) At least 90 days before the hearing, the board shall notify
the department and each city, county, or city and county in which any
part of the basin is situated.
(3) (A) For the purposes of this paragraph, the terms
"board-designated local area" and "local agency" have the same
meaning as defined in Section 5009.
(B) At least 60 days before the hearing, the board shall mail or
send by electronic mail notice to all persons known to the board who
extract or who propose to extract water from the basin, or who have
made written or electronic mail requests to the board for special
notice of hearing pursuant to this part. If any portion of the basin
is within a board-designated local area, the records made available
to the board by the local agency in accordance with paragraph (4) of
subdivision (d) of Section 5009 shall include the names and addresses
of persons and entities known to the local agency who extract water
from the basin, and the board shall mail or send by electronic mail
notice to those persons.
(c) The board shall provide notice of proceedings to amend or
repeal a determination or plan under Section 10735.2 or 10735.8 as
appropriate to the proceedings, taking into account the nature of the
proposed revision and the person likely to be affected.
(d) (1) Except as provided in paragraphs (2) and (3), Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 2 of Title 2 of
the Government Code does not apply to any action authorized pursuant
to Section 10735.2 or 10735.8.
(2) The board may adopt a regulation in accordance with Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 2 of Title
2 of the Government Code setting procedures for adopting a
determination or plan.
(3) The board may adopt a regulation applying or interpreting this
part pursuant to Section 1530 if the board determines that the
emergency regulation is reasonably necessary for the allocation,
administration, or collection of fees authorized pursuant to Section
1529.5.
10736.2. Division 13 (commencing with Section 21000) of the
Public Resources Code does not apply to any action or failure to act
by the board under this chapter, other than the adoption or amendment
of an interim plan pursuant to Section 10735.8.
10736.4. The extraction or use of water extracted in violation of
an interim plan under this part shall not be relied upon as a basis
for establishing the extraction or use of water to support a claim in
an action or proceeding for determination of water rights.
10736.6. (a) The board may order a person that extracts or uses
water from a basin that is subject to an investigation or proceeding
under this chapter to prepare and submit to the board any technical
or monitoring program reports related to that person's or entity's
extraction or use of water as the board may specify. The costs
incurred by the person in the preparation of those reports shall bear
a reasonable relationship to the need for the report and the benefit
to be obtained from the report. If the preparation of individual
reports would result in a duplication of effort, or if the reports
are necessary to evaluate the cumulative effect of several diversions
or uses of water, the board may order any person subject to this
subdivision to pay a reasonable share of the cost of preparing
reports.
(b) (1) An order issued pursuant to this section shall be served
by personal service or registered mail on the party to submit
technical or monitoring program reports or to pay a share of the
costs of preparing reports. Unless the board issues the order after a
hearing, the order shall inform the party of the right to request a
hearing within 30 days after the party has been served. If the party
does not request a hearing within that 30-day period, the order shall
take effect as issued. If the party requests a hearing within that
30-day period, the board may adopt a decision and order after
conducting a hearing.
(2) In-lieu of adopting an order directed at named persons in
accordance with the procedures specified in paragraph (1), the board
may adopt a regulation applicable to a category or class of persons
in accordance with Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 2 of Title 2 of the Government Code.
(c) Upon application of a person or upon its own motion, the board
may review and revise an order issued or regulation adopted pursuant
to this section in accordance with the procedures set forth in
subdivision (b).
(d) In conducting an investigation or proceeding pursuant to this
part, the board may inspect the property or facilities of a person to
ascertain whether the purposes of this part are being met and to
ascertain compliance with this part. The board may obtain an
inspection warrant pursuant to the procedures set forth in Title 13
(commencing with Section 1822.50) of Part 3 of the Code of Civil
Procedure for the purposes of an inspection pursuant to this
subdivision.
SEC. 11. Section 10750.1 is added to the
Water Code , to read:
10750.1. (a) Beginning January 1, 2015, a new plan shall not be
adopted and an existing plan shall not be renewed pursuant to this
part, except as provided in subdivision (b). A plan adopted before
January 1, 2015, shall remain in effect until a groundwater
sustainability plan is adopted pursuant to Part 2.74 (commencing with
Section 10720).
(b) This section does not apply to a low- or very low priority
basin as categorized for the purposes of Part 2.74 (commencing with
Section 10720).
SEC. 12. 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.
(3) A groundwater sustainability agency with statutory authority
to manage groundwater pursuant to Part 2.74 (commencing with Section
10720).
(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. 13. Section 10933 of the Water
Code is amended to read:
10933. (a) On or before January 1, 2012, the
The department shall commence to identify the extent of
monitoring of groundwater elevations that is being undertaken within
each basin and subbasin.
(b) (1) 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)
( A) The population overlying the basin or
subbasin.
(2)
( B) The rate of current and projected
growth of the population overlying the basin or subbasin.
(3)
( C) The number of public supply wells that
draw from the basin or subbasin.
(4)
( D) The total number of wells that draw
from the basin or subbasin.
(5)
( E) The irrigated acreage overlying the
basin or subbasin.
(6)
( F) The degree to which persons overlying
the basin or subbasin rely on groundwater as their primary source of
water.
(7)
( G) Any documented impacts on the
groundwater within the basin or subbasin, including overdraft,
subsidence, saline intrusion, and other water quality degradation.
(8)
( H) Any other information determined to be
relevant by the department.
(2) The department, in consultation with the Department of Fish
and Wildlife, shall identify and develop prioritization criteria for
the purpose of identifying groundwater basins and subbasins that
should be prioritized based on adverse impacts to habitat and surface
water resources. The criteria shall be incorporated into the
determination of basin and subbasin prioritization at the department'
s next update of basin and subbasin prioritizations that occurs after
January 1, 2017.
(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.
SEC. 14. Section 12924 of the Water Code
is amended to read:
12924. (a) The department, in conjunction with other public
agencies, shall conduct an investigation of the state's groundwater
basins. The department
shall identify the state's groundwater basins on the basis of
geological and hydrological conditions and consideration of political
boundary lines whenever practical. The department shall also
investigate existing general patterns of groundwater pumping and
groundwater recharge within those basins to the extent necessary to
identify basins that are subject to critical conditions of overdraft.
(b) The department may revise the boundaries of groundwater basins
identified in subdivision (a) based on its own investigations or
information provided by others.
(b)
(c) The department shall report its findings to the
Governor and the Legislature not later than January 1, 2012, and
thereafter in years ending in 5 or 0.
SEC. 15. The provisions of this act are severable.
If any provision of this act or its application is held invalid,
that invalidity shall not affect other provisions or applications
that can be given effect without the invalid provision or
application.
SEC. 16. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
SEC. 17. The Legislature finds and declares that
Section 5 of this act, which adds Section 10730.8 to the Water Code,
imposes a limitation on the public's right of access to the meetings
of public bodies or the writings of public officials and agencies
within the meaning of Section 3 of Article I of the California
Constitution. Pursuant to that constitutional provision, the
Legislature makes the following findings to demonstrate the interest
protected by this limitation and the need for protecting that
interest:
In order to allow this act to fully accomplish its goals, it is
necessary to protect proprietary information submitted pursuant to
this act as confidential. Therefore, it is in the state's interest to
limit public access to this information.
SECTION 1. Section 65302.12 is added to the
Government Code, to read:
65302.12. Prior to the adoption or any substantial amendment of a
city or county's general plan, the planning agency shall review, and
if necessary, revise the land use, conservation, open space, or any
other element of the general plan to address any of the following:
(a) An adoption of, or update to, a groundwater sustainability
plan or groundwater management plan pursuant to Part 2.74 (commencing
with Section 10720) or Part 2.75 (commencing with Section 10750) of
Division 6 of the Water Code or groundwater management court order,
judgment, or decree.
(b) An adjudication of water rights such as an adjudication
pursuant to Chapter 10 (commencing with Section 10742) of Part 2.74
of Division 6 of the Water Code.
(c) An order by the State Water Resources Control Board pursuant
to Chapter 9 (commencing with Section 10738) of Part 2.74 of Division
6 of the Water Code.
SEC. 2. Section 65352 of the Government Code is
amended to read:
65352. (a) Prior to action by a legislative body to adopt or
substantially amend a general plan, the planning agency shall refer
the proposed action to all of the following entities:
(1) A city or county, within or abutting the area covered by the
proposal, and any special district that may be significantly affected
by the proposed action, as determined by the planning agency.
(2) An elementary, high school, or unified school district within
the area covered by the proposed action.
(3) The local agency formation commission.
(4) An areawide planning agency whose operations may be
significantly affected by the proposed action, as determined by the
planning agency.
(5) A federal agency if its operations or lands within its
jurisdiction may be significantly affected by the proposed action, as
determined by the planning agency.
(6) (A) The branches of the United States Armed Forces that have
provided the Office of Planning and Research with a California
mailing address pursuant to subdivision (d) of Section 65944 when the
proposed action is within 1,000 feet of a military installation, or
lies within special use airspace, or beneath a low-level flight path,
as defined in Section 21098 of the Public Resources Code, provided
that the United States Department of Defense provides electronic maps
of low-level flight paths, special use airspace, and military
installations at a scale and in an electronic format that is
acceptable to the Office of Planning and Research.
(B) Within 30 days of a determination by the Office of Planning
and Research that the information provided by the Department of
Defense is sufficient and in an acceptable scale and format, the
office shall notify cities, counties, and cities and counties of the
availability of the information on the Internet. Cities, counties,
and cities and counties shall comply with subparagraph (A) within 30
days of receiving this notice from the office.
(7) A public water system, as defined in Section 116275 of the
Health and Safety Code, with 3,000 or more service connections, that
serves water to customers within the area covered by the proposal.
The public water system shall have at least 45 days to comment on the
proposed plan, in accordance with subdivision (b), and to provide
the planning agency with the information set forth in Section
65352.5.
(8) Any local agency or joint powers authority that has adopted a
groundwater sustainability plan pursuant to Part 2.74 (commencing
with Section 10720) of Division 6 of the Water Code or that otherwise
manages groundwater pursuant to other provisions of law or a court
order, judgment, or decree within the planning area of the proposed
general plan.
(9) The State Water Resources Control Board if it has adopted a
groundwater sustainability plan pursuant to Part 2.74 (commencing
with Section 10720) of Division 6 of the Water Code that includes
territory within the planning area of the proposed general plan.
(10) The Bay Area Air Quality Management District for a proposed
action within the boundaries of the district.
(11) On and after March 1, 2005, a California Native American
tribe, that is on the contact list maintained by the Native American
Heritage Commission, with traditional lands located within the city
or county's jurisdiction.
(12) The Central Valley Flood Protection Board for a proposed
action within the boundaries of the Sacramento and San Joaquin
Drainage District, as set forth in Section 8501 of the Water Code.
(b) Each entity receiving a proposed general plan or amendment of
a general plan pursuant to this section shall have 45 days from the
date the referring agency mails it or delivers it in which to comment
unless a longer period is specified by the planning agency.
(c) (1) This section is directory, not mandatory, and the failure
to refer a proposed action to the other entities specified in this
section does not affect the validity of the action, if adopted.
(2) To the extent that the requirements of this section conflict
with the requirements of Chapter 4.4 (commencing with Section 65919),
the requirements of Chapter 4.4 shall prevail.
SEC. 3. Section 65352.5 of the Government Code
is amended to read:
65352.5. (a) The Legislature finds and declares that it is vital
that there be close coordination and consultation between California'
s water supply or management agencies and California's land use
approval agencies to ensure that proper water supply and management
planning occurs in order to accommodate projects that will result in
increased demands on water supplies or impact water resource
management.
(b) It is, therefore, the intent of the Legislature to provide a
standardized process for determining the adequacy of existing and
planned future water supplies to meet existing and planned future
demands on these water supplies and the impact of land use decisions
on the management of California's water supply resources.
(c) Upon receiving, pursuant to Section 65352, notification of a
city's or a county's proposed action to adopt or substantially amend
a general plan, a public water system, as defined in Section 116275
of the Health and Safety Code, with 3,000 or more service
connections, shall provide the planning agency with the following
information, as is appropriate and relevant:
(1) The current version of its urban water management plan,
adopted pursuant to Part 2.6 (commencing with Section 10610) of
Division 6 of the Water Code.
(2) The current version of its capital improvement program or
plan, as reported pursuant to Section 31144.73 of the Water Code.
(3) A description of the source or sources of the total water
supply currently available to the water supplier by water right or
contract, taking into account historical data concerning wet, normal,
and dry runoff years.
(4) A description of the quantity of surface water that was
purveyed by the water supplier in each of the previous five years.
(5) A description of the quantity of groundwater that was purveyed
by the water supplier in each of the previous five years.
(6) A description of all proposed additional sources of water
supplies for the water supplier, including the estimated dates by
which these additional sources should be available and the quantities
of additional water supplies that are being proposed.
(7) A description of the total number of customers currently
served by the water supplier, as identified by the following
categories and by the amount of water served to each category:
(A) Agricultural users.
(B) Commercial users.
(C) Industrial users.
(D) Residential users.
(8) Quantification of the expected reduction in total water
demand, identified by each customer category set forth in paragraph
(7), associated with future implementation of water use reduction
measures identified in the water supplier's urban water management
plan.
(9) Any additional information that is relevant to determining the
adequacy of existing and planned future water supplies to meet
existing and planned future demands on these water supplies.
(10) A report on the anticipated effect of proposed action to
adopt or substantially amend a general plan on implementation of a
groundwater sustainability plan pursuant to Part 2.74 (commencing
with Section 10720) of Division 6 of the Water Code.
(d) Upon receiving, pursuant to Section 65352, notification of a
city's or county's proposed action to adopt or substantially amend a
general plan, a groundwater sustainability agency, as defined in
Section 10720.5 of the Water Code, shall provide the planning agency
with the following information, as is appropriate and relevant:
(1) The current version of its groundwater sustainability plan
adopted pursuant to Part 2.74 (commencing with Section 10720) of
Division 6 of the Water Code.
(2) If the groundwater sustainability agency manages groundwater
pursuant to a court order, judgment, decree, or agreement among
affected water rights holders, or if the State Water Resources
Control Board has adopted a groundwater sustainability plan pursuant
to Part 2.74 (commencing with Section 10720) of Division 6 of the
Water Code, the groundwater sustainability agency shall provide the
planning agency with maps of recharge basins and percolation ponds,
extraction limitations, and other relevant information, or the court
order, judgment, or decree.
(e) A groundwater sustainability agency that has given notice of
intention to adopt a groundwater sustainability plan, but has not
adopted a plan, shall provide a report to the planning agency on the
anticipated effect of proposed action to adopt or substantially amend
a general plan on adoption of the groundwater sustainability plan
and on the impacts of the proposed action on sustainable management
of groundwater.
SEC. 4. Section 1242.1 is added to the Water
Code, to read:
1242.1. It is the policy of the state to encourage conjunctive
use of surface and groundwater. To that end, the Legislature declares
that the storage of water underneath the ground is a beneficial use
of water.
SEC. 5. Part 2.74 (commencing with Section
10720) is added to Division 6 of the Water Code, to read:
PART 2.74. Groundwater Sustainability Planning
CHAPTER 1. TITLE AND POLICY
10720. This part shall be known, and may be cited, as the
"Sustainable Groundwater Management Act of 2014."
10720.1. In enacting this part, it is the intent of the
Legislature that all of the following occur:
(a) The enhancement of local management of groundwater consistent
with rights to use or store groundwater and Section 2 of Article X of
the California Constitution. It is the intent of the Legislature to
preserve and enhance the security of water rights in the state to the
greatest extent possible consistent with the sustainable management
of groundwater.
(b) The establishment of minimum standards for groundwater
management together with the requisite authority and funding.
(c) The avoidance or minimization of subsidence.
(d) The improvement of data collection and understanding about
groundwater.
(e) The increase in groundwater storage and removal of impediments
to recharge.
(f) The provision of state technical and financial assistance.
(g) The management of groundwater basins through the actions of
local governmental agencies to the greatest extent feasible, while
minimizing state intervention to only when necessary to ensure that
local agencies manage groundwater in a sustainable manner.
(h) The intervention by the state when necessary to ensure that
local agencies manage groundwater in a sustainable manner.
CHAPTER 2. DEFINITIONS
10720.5. Unless the context otherwise requires, the following
definitions govern the construction of this part:
(a) "Adjudication action" means an action filed in the superior
court to determine the rights to extract groundwater from a basin or
store water within a basin, including, but not limited to, actions to
quiet title respecting rights to extract or store groundwater or an
action brought to impose a physical solution on a basin.
(b) "Agricultural water supplier" has the same meaning as defined
in Section 10608.12.
(c) "Basin" means a groundwater basin or subbasin identified and
defined in Bulletin 118 or as modified pursuant to Chapter 10
(commencing with Section 10742).
(d) "Bulletin 118" means the department's report entitled
"California's Groundwater: Bulletin 118" updated in 2003, as it may
be subsequently updated or revised in accordance with Section 12924
or Chapter 4 (commencing with Section 10723).
(e) "De minimus producer" means a person who extracts, for
domestic purposes, 2 acre feet or less per year.
(f) "Governing body" means the legislative body of a groundwater
sustainability agency.
(g) "Groundwater" means water beneath the natural surface of the
ground, in fully saturated pore spaces within the soil or rock,
excluding those waters that are flowing through natural known and
definite channels.
(h) "Groundwater extraction facility" means a pump or other
mechanism for extracting groundwater from within a basin.
(i) "Groundwater sustainability agency" means either a local
agency or a joint powers authority formed by local agencies that
implements the provisions of this part with respect to a groundwater
sustainability plan. For purposes of imposing fees pursuant to
Chapter 7 (commencing with Section 10732) or taking action to enforce
a groundwater management plan, "groundwater management agency" also
means each local agency comprising the groundwater management agency
if the plan authorizes separate agency action.
(j) "Groundwater sustainability plan" or "plan" means a plan of a
groundwater sustainability agency proposed or adopted pursuant to
this part.
(k) "Groundwater sustainability program" means a coordinated and
ongoing activity undertaken to benefit a basin, pursuant to a
groundwater sustainability plan.
(l) "Local agency" means a local public agency, including, but not
limited to, a city, county, irrigation district, county water
district, municipal water district, California water district, water
storage district, reclamation district, or other special district
that provides water or water management service within a groundwater
basin.
(m) "Monitoring entity" means an entity identified by the
department pursuant to Section 10930.
(n) "Operator" means a person operating a groundwater extraction
facility. The owner of a groundwater extraction facility shall be
conclusively presumed to be the operator unless a satisfactory
showing is made to the governing body of the groundwater
sustainability agency that the groundwater extraction facility
actually is operated by some other person.
(o) "Owner" means a person owning a groundwater extraction
facility or an interest in a groundwater extraction facility other
than a lien to secure the payment of a debt or other obligation.
(p) "Planning and implementation horizon" means a 50-year time
period over which a groundwater sustainability agency determines that
plans and measures will be implemented in a basin to ensure that the
basin is operated within its sustainable yield.
(q) "Public water system" has the same meaning as defined in
Section 116275 of the Health and Safety Code.
(r) "Recharge" means the process by which a basin is replenished
with water whether by natural or artificial means or in-lieu.
(s) "Sustainability goal" means the existence and implementation
of one or more groundwater sustainability plans that achieve
sustainable groundwater management by identifying and causing the
implementation of measures targeted to ensure that the applicable
basin is operated within its sustainable yield.
(t) "Sustainable groundwater management" means the management and
use of groundwater in a manner that can be maintained during the
planning and implementation horizon without causing unreasonable
adverse environmental, economic, or social consequences through the
development, implementation, and updating of plans and programs based
on the best available science, monitoring, forecasting, and use of
technological resources, as determined by a groundwater
sustainability agency.
(u) "Sustainable yield" means the maximum quantity of water,
calculated over a base period representative of long-term conditions
in the basin and including any temporary surplus, that can be
withdrawn annually from a groundwater supply without causing an
undesirable result.
(v) "Undesirable result" means one or more of the following
effects occurring after January 1, 2015, and caused by groundwater
conditions occurring throughout the basin:
(1) Chronic lowering of groundwater levels indicating a
significant and unreasonable depletion of supply if continued over
the planning and implementation horizon, excluding lowering
groundwater levels caused by a drought.
(2) Significant and unreasonable reduction of groundwater storage.
(3) Significant seawater intrusion.
(4) Significant and unreasonable degraded water quality, including
the migration of contaminant plumes that impair water supplies.
(5) Significant land subsidence that substantially interferes with
surface land uses.
(6) Surface water depletions that have significant adverse impacts
on species listed under the federal Endangered Species Act of 1973
(16 U.S.C. Sec. 1531 et seq.) or the California Endangered Species
Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the
Fish and Game Code).
(w) "Water year" means the period from October 1 through the
following September 30, inclusive.
CHAPTER 3. GENERAL PROVISIONS
10721. Subject to Section 10736, by January 31, 2020, all basins
designated as high- or medium-priority basins by the department
pursuant to Section 10933 shall be managed under a groundwater
sustainability plan or coordinated groundwater sustainability plans
pursuant to this part. The Legislature encourages basins designated
as low priority basins by the department pursuant to Section 10933 to
be managed under groundwater sustainability plans pursuant to this
part as soon as possible.
10721.5. Groundwater management pursuant to this part shall be
consistent with Section 2 of Article X of the California
Constitution. Nothing in this part modifies rights or priorities to
use or store groundwater consistent with Section 2 of Article X of
the California Constitution, except that in medium- and high-priority
basins, no extraction of groundwater between January 1, 2015, and
December 31, 2020, or the date of adoption of a groundwater
sustainability plan pursuant to this part, whichever is sooner, may
be used as evidence of, or to establish or defend against, any claim
of prescription.
10722. (a) A groundwater sustainability agency that adopts a
groundwater sustainability plan may file an action to determine the
validity of the plan pursuant to Chapter 9 (commencing with Section
860) of Title 10 of Part 2 of the Code of Civil Procedure.
(b) Subject to Sections 394 and 397 of the Code of Civil
Procedure, the venue for an action pursuant to this section shall be
the county in which the principal office of the groundwater
management agency is located.
(c) Any judicial action or proceeding to attack, review, set
aside, void, or annul the ordinance or resolution imposing a new, or
increasing an existing, fee imposed pursuant to Section 10732,
10732.5, or 10733 shall be brought pursuant to Section 66022 of the
Government Code.
(d) Any person may pay a fee imposed pursuant to Section 10732,
10732.5, or 10733 under protest and bring an action against the
governing body in the superior court to recover any money that the
governing body refuses to refund. Payments made and actions brought
under this section shall be made and brought in the manner provided
for the payment of taxes under protest and actions for refund of that
payment in Article 2 (commencing with Section 5140) of Chapter 5 of
Part 9 of Division 1 of the Revenue and Taxation Code, as applicable.
(e) Any action by a landowner or other water right holder to
attach, review, set aside, void, or annul an extraction allocation
established by a groundwater sustainability plan shall be brought
pursuant to the expedited adjudication procedures of Chapter 10
(commencing with Section 10742).
(f) Except as otherwise provided in this section, actions by a
groundwater sustainability agency are subject to judicial review
pursuant to Section 1085 of the Code of Civil Procedure.
10722.5. Except for Chapter 10 (commencing
with Section 10742), this part does not apply to any of the following
agencies that are implementing basin-specific management plans:
(a) Desert Water Agency.
(b) Fox Canyon Groundwater Management Agency.
(c) Honey Lake Valley Groundwater Management District.
(d) Long Valley Groundwater Management District.
(e) Mendocino City Community Services District.
(f) Mono County Tri-Valley Groundwater Management District.
(g) Monterey Peninsula Water Management District.
(h) Ojai Groundwater Management Agency.
(i) Orange County Water District.
(j) Pajaro Valley Water Management Agency.
(k) Santa Clara Valley Water District.
(l) Sierra Valley Water District.
(m) Willow Creek Groundwater Management Agency.
CHAPTER 4. BASIN BOUNDARIES
10723. Unless other basin boundaries are established pursuant to
this chapter, a basin's boundaries shall be as identified in Bulletin
118.
10723.5. (a) The department shall consider proposals to adjust
the boundaries of a basin in accordance with the following:
(1) A proposal shall be supported by the following information:
(A) Information to demonstrate that the proposed adjusted basin
can be the subject of sustainable groundwater management. It shall
not be necessary that the information show that a proposed adjusted
basin currently is subject to sustainable groundwater management.
(B) A technical report concerning the boundaries of, and
conditions in, the proposed adjusted basin that is stamped by a
registered civil engineer or certified hydrologist.
(C) Information demonstrating that the entity proposing the basin
boundary adjustment consulted with interested local agencies and
public water systems in the basin before filing the proposal with the
department.
(2) A proposal may be supported by information concerning historic
management of the proposed adjusted basin.
(3) The department shall circulate a draft decision by the
department no fewer than 60 days before the department adopts that
decision.
(b) The department shall require anyone who proposes a basin
boundary adjustment to serve the basin boundary adjustment proposal
on other interested parties and to submit responses to proposals for
basin boundary adjustments to the department.
(c) (1) All proposals to adjust basin boundaries pursuant to this
section shall be filed with the department by July 1, 2016.
(2) The department shall issue all decisions concerning
adjustments to basin boundaries pursuant to this section by January
1, 2018.
(3) The department may provide for expedited processing to
consider proposals to adjust basin boundaries if necessary to
expedite consideration of the boundaries of a basin that is subject
to an adjudication action.
(d) The adjustment of boundaries pursuant to this section includes
the subdivision of a basin.
(e) (1) By January 1, 2016, the department shall adopt emergency
regulations to implement this section in an open and public process
that includes the following:
(A) An opportunity for the public to submit proposals for the
regulations to the department by April 1, 2015.
(B) Circulation of draft regulations by the department by August
1, 2015, for public review and comment.
(2) The department shall adopt emergency regulations pursuant to
this section in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code. The
adoption of these regulations shall be deemed to be an emergency and
shall be considered by the Office of Administrative Law as necessary
for the immediate preservation of the public peace, health, safety,
and general welfare. Notwithstanding Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, any emergency regulation adopted by the department pursuant to
this section shall remain in effect until revised by the department.
10724. (a) The department shall review all of the basin
boundaries identified in Bulletin 118 and publish any necessary
revisions to those boundaries by January 1, 2023, in an update of
Bulletin 118. As indicated by the best available technical
information, including the groundwater sustainability plans that
groundwater sustainability agencies submitted to the department in
2020, the department shall adjust the boundaries of basins and define
any subdivisions of existing basins as new basins. In adjusting a
basin's boundaries and defining any subdivisions of an existing basin
as a new basin, the department shall determine whether those
adjustments would result in a basin that would support sustainable
groundwater management. In revising basin boundaries for an update of
Bulletin 118, the department shall favor definitions of basins that
enable the most practical and effective groundwater management.
(b) In updating basin boundaries pursuant to this section, the
department shall comply with the procedures applicable to a formal
rulemaking under the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code).
CHAPTER 5. IDENTIFICATION OF GROUNDWATER SUSTAINABILITY
AGENCIES
10725. To the extent practicable, a groundwater sustainability
plan developed in accordance with this part shall be coterminous and
augment groundwater management plans developed pursuant to Part 2.75
(commencing with Section 10750).
10725.5. (a) A groundwater management agency that has adopted a
groundwater management plan that meets the requirements of Part 2.75
(commencing with Section 10750) prior to January 1, 2014, shall be
presumed to be the groundwater sustainability agency to develop a
basin sustainability plan in accordance with this part. The
groundwater sustainability agency may adopt a resolution of intent to
prepare a groundwater sustainability plan in accordance with this
part no later than January 1, 2016. The groundwater sustainability
agency shall submit an adopted resolution of intent to the department
within 30 days of its adoption.
(b) If a resolution of intent is not adopted and submitted as
provided in subdivision (a), the county that the groundwater
management plan area is located in may, by January 1, 2017, do either
of the following:
(1) Adopt and submit to the department a resolution of intent to
adopt a groundwater sustainability plan for the area.
(2) Request any other local agency or joint powers authority
providing water or water management services within the groundwater
management plan areas to adopt and submit to the department a
resolution of intent to adopt a groundwater management plan for that
area.
(c) If a resolution of intent is not adopted and submitted as
provided in subdivision (a) or (b), any local agency or joint powers
authority in the basin may adopt and submit to the department a
resolution of intent to adopt a groundwater sustainability plan for
the basin.
(d) If no resolution of intent is adopted and submitted as
provided in subdivision (a), (b), or (c), subdivision (a) of Section
10726 shall apply.
(e) If a groundwater sustainability agency or other local agency
submits prescribed alternative documentation in accordance with
Section 10736, the agency also shall adopt a resolution of intent to
comply with this part not later than January 1, 2016. The resolution
of intent shall be provided to the department within 30 days of
adoption of the resolution.
10726. If any portion of a basin is outside the jurisdictional
boundary of any groundwater sustainability plan as adopted or as
intended to be prepared according to a resolution of intent pursuant
to Section 10725.5, that portion of the basin shall be coordinated
with the nearest groundwater sustainability plan in any of the
following ways:
(a) (1) The landowners and other groundwater users in the
unmanaged area may elect to form a new public agency or private
corporation for the purpose of cooperating in the groundwater
management plan or may petition to be annexed into an existing public
agency.
(2) If the landowners and other groundwater users choose to form a
new public agency or request to be annexed into an existing agency,
the local agency formation commission shall complete proceedings on
the formation of the agency or the annexation of the area and serve
as the conducting authority within six months from the date the
landowners and other groundwater users file a formation or annexation
application with the commission.
(b) A groundwater sustainability agency may utilize existing
authority to annex or otherwise bring any unmanaged land into its
boundaries for purposes of the agency's plan or to otherwise extend
the geographic reach of the plan to include unmanaged areas of the
basin. In the event that a local agency seeks to annex lands for the
purpose of developing a groundwater sustainability plan, the local
agency formation commission shall complete proceedings in accordance
with the schedule set forth in paragraph (2) of subdivision (a).
(c) If a groundwater sustainability agency cannot or elects not to
annex or otherwise extend boundaries to include the unmanaged areas,
a county that overlies the basin may utilize existing authority to
cause the development of a groundwater sustainability plan for the
unmanaged areas. A county may, by resolution or ordinance, delegate
this authority to a local agency, in which case the local agency
formation commission shall take appropriate action to ensure that all
areas overlying a groundwater basin are within the boundaries of one
or more of the agencies developing the groundwater sustainability
plan. The local agency formation commission shall complete actions
pursuant to this subdivision no later than January 1, 2017.
(d) If by January 1, 2017, an area overlying a basin is not within
the jurisdiction of a local agency that is participating in the
development of a groundwater sustainability plan, the board may,
after notice and a hearing, order one or more local agencies
developing a groundwater sustainability plan to include the area
within the plan.
10726.5. (a) If more than one groundwater sustainability plan
exists or is developed for a basin, the plans shall be coordinated
through a joint powers agreement, memorandum of understanding, or
similar agreement. The agreement or memorandum of understanding shall
ensure that multiple groundwater sustainability plans advance
sustainable groundwater management of the basin as a whole.
(b) If by July 1, 2017, the groundwater sustainability agencies
within a basin cannot come to an agreement to coordinate groundwater
sustainability plans, a groundwater sustainability agency may
petition the board, no later than June 30, 2017, to do either of the
following:
(1) Appoint a single groundwater sustainability agency to develop
the groundwater sustainability plan for the basin.
(2) Impose an alternative governance structure with a governing
board that is representative of the local agencies within the basin.
(c) If the board appoints a groundwater sustainability agency or
imposes a governance structure pursuant to subdivision (b), the board
may consider factors that will best foster sustainable groundwater
management as a whole, including, but not limited to, the following:
(1) The geographic extent and governmental authorities of existing
groundwater management agencies, local agencies, and any relevant
county.
(2) The financial and technical resources available to the
relevant public agencies to implement a groundwater sustainability
plan.
(3) The technical groundwater information and data available to
the relevant local agencies.
(4) The relevant local agencies' history of groundwater
management.
(d) The board may utilize available processes and authorities to
appoint the groundwater sustainability agency or impose a governance
structure pursuant to subdivision (b), and may conduct hearings,
workshops, and other information gathering processes to inform its
determination.
(e) The board shall appoint a groundwater sustainability agency or
impose a governance structure pursuant to subdivision (b) no later
than June 30, 2018.
(f) If multiple groundwater sustainability plans cover different
portions of a basin, each plan shall not conflict with or impede
sustainable groundwater management relating to any other plan in the
basin.
10727. A groundwater sustainability plan may include criteria to
exempt small domestic pumping of groundwater for use on overlying
lands in unmanaged areas of the basin if the groundwater
sustainability agency determines that the exclusion of the pumping
will not otherwise affect sustainable management of the basin
pursuant to this part.
CHAPTER 6. MANAGEMENT TOOLS
10728. (a) A groundwater sustainability agency may exercise any
of the powers described in this chapter in implementing this part, in
addition to, and not as a limitation on, any existing authority, if
the groundwater sustainability agency adopts and submits to the
department a groundwater sustainability plan or prescribed
alternative documentation in accordance with Section 10736.
(b) A groundwater sustainability agency has and may use the powers
in this chapter to provide the maximum degree of local control and
flexibility consistent with the sustainability goals of this part.
10728.5. (a) A groundwater sustainability agency may perform any
act necessary or proper to carry out the purposes of this part,
including, but not limited to, the performance of an agreement,
acting jointly or in cooperation with the United States, any state,
county, city, district of any kind, public or private corporation,
association, firm, or individual, or any combination of them.
(b) A groundwater sustainability agency may perform any acts
necessary or proper for the performance of an agreement with the
United States, any state, county, city, district of any kind, public
or private corporation, association, firm, or individual, or any
combination of them, for the joint acquisition, construction,
leasing, ownership, disposition, use, management, maintenance,
repair, or operation of any rights, works, or other property of a
kind that may be useful in implementing the purposes of this part.
(c) A groundwater sustainability agency may adopt rules and
regulations for the purpose of this part, in compliance with any
procedural requirements applicable to the adoption of rules and
regulations by the groundwater sustainability agency. In addition to
any other applicable procedural requirements, the groundwater
sustainability agency shall provide notice of the proposed adoption
of the groundwater sustainability agency on its Internet Web site and
provide for electronic notice to any person who requests electronic
notification.
(d) This part shall apply to the United States and an Indian tribe
to the extent authorized under federal or tribal law.
(e) This part shall apply to the state and its agencies and
departments and to local agencies to the same extent as a person
regulated by a groundwater sustainability plan. A groundwater
sustainability agency shall not impose a penalty pursuant to this
part on the state or its agencies, departments, or officers.
(f) Notwithstanding any other law, in any judicial action
authorized by this part, the court shall direct that a prevailing
party that is a groundwater sustainability agency, or owner or
operator of a groundwater extraction facility, shall be awarded the
reasonable attorney's fees and costs relating to an action authorized
pursuant to this part.
10729. (a) A groundwater sustainability agency may conduct an
investigation for the purposes of this part, including, but not
limited to, investigations for the following:
(1) To determine the need for groundwater management.
(2) To prepare and adopt a groundwater sustainability plan and
implementing rules and regulations.
(3) To propose and update fees.
(4) To monitor compliance and enforcement.
(b) An investigation may include surface waters and surface water
rights as well as groundwater and groundwater rights.
(c) In connection with an investigation, a groundwater
sustainability agency may inspect the property or facilities of a
person or entity to ascertain whether the purposes of this part are
being met and compliance with this part. The local agency may conduct
an inspection pursuant to this section upon obtaining any necessary
consent or obtaining an inspection warrant pursuant to the procedure
set forth in Title 13 (commencing with Section 1822.50) of Part 3 of
the Code of Civil Procedure.
10729.5. (a) Each groundwater extraction facility within a
groundwater sustainability agency shall be registered with the
groundwater sustainability agency if the groundwater sustainability
plan provides for establishing a groundwater charge pursuant to this
part or for otherwise regulating groundwater extractions. The
groundwater sustainability agency may, by resolution or ordinance,
establish reasonable requirements for the registration of a
groundwater extraction facility.
(b) Any form used to register a groundwater extraction facility
pursuant to this section shall not be made available for inspection
by the public. The groundwater sustainability agency may use
information from the form to develop or implement a groundwater
sustainability program or plan pursuant to this part.
(c) An owner or operator of a groundwater extraction facility that
fails to register the facility within a time period provided for in
a groundwater sustainability plan shall become jointly and severally
liable to the groundwater sustainability agency for a penalty of one
thousand dollars ($1,000) per unregistered groundwater extraction
facility.
10730. (a) A groundwater sustainability agency may require
through its groundwater sustainability plan that the use of every
groundwater extraction facility within the groundwater sustainability
agency be measured no less than 60 days after registration by a
water-measuring device satisfactory to the groundwater sustainability
agency. If water-measuring devices are required by the groundwater
sustainability plan, an owner or operator of a groundwater extraction
facility that fails to install a satisfactory water-measuring device
within the 60-day time period shall be jointly and severally liable
to the groundwater sustainability agency for a penalty of one
thousand dollars ($1,000) per groundwater extraction facility lacking
a water-measuring device.
(b) All costs associated with the purchase and installation of the
water-measuring device shall be borne by the owner or operator of
each groundwater extraction facility. The water measuring devices
shall be installed by the groundwater sustainability agency or, at
the groundwater sustainability agency's option, by the owner or
operator of the groundwater extraction facility. Water-measuring
devices shall be calibrated on a reasonable schedule as may be
determined by the groundwater sustainability agency.
(c) A groundwater sustainability agency may require, through its
groundwater sustainability plan, that the owner or operator of a
groundwater extraction facility within the groundwater sustainability
agency file an annual statement with the groundwater sustainability
agency setting forth the total extraction in acre-feet of groundwater
from the facility during the previous year. If filing of groundwater
extraction statements is required by the groundwater sustainability
plan, an owner or operator of a groundwater extraction facility that
fails to file a timely groundwater extraction statement shall be
jointly and severally liable to the groundwater sustainability agency
for a penalty of one thousand dollars ($1,000) per groundwater
extraction facility without a filed groundwater extraction statement
per each month since the date the first penalty could have been
imposed by the groundwater sustainability agency.
(d) In addition to the measurement of groundwater extractions
pursuant to subdivision (a), a groundwater sustainability agency may
use any other reasonable method to determine groundwater extraction.
(e) This section does not apply to de minimus extractors.
10730.5. An entity within the area of a groundwater
sustainability plan shall only divert surface water to underground
storage consistent with the plan and shall report the diversion to
underground storage to the groundwater sustainability agency for the
relevant portion of the basin.
10731. A groundwater sustainability agency may do the following:
(a) Acquire by grant, purchase, lease, gift, devise, contract,
construction, or otherwise, and hold, use, enjoy, sell, let, and
dispose, of real and personal property of every kind, including
lands, water rights, structures, buildings, rights-of-way, easements,
and privileges, and construct, maintain, alter, and operate any and
all works or improvements, within or outside the agency, necessary or
proper to carry out any of the purposes of this part.
(b) Appropriate and acquire surface water or groundwater and
surface water or groundwater rights, import surface water or
groundwater into the agency, and conserve and store within or outside
the agency that water for any purpose necessary or proper to carry
out the provisions of this part, including, but not limited to, the
spreading, storing, retaining, or percolating into the soil of the
waters for subsequent use or in a manner consistent with the
provisions of Section 10735. As part of this authority, the agency
may validate an existing groundwater conjunctive use or storage
program upon a finding that the program would aid or assist the
agency in developing or implementing a groundwater sustainability
plan.
(c) Provide for a program of voluntary fallowing of agricultural
lands or validate an existing program.
(d) Perform any acts necessary or proper to enable the agency to
purchase, transfer, deliver, or exchange water or water rights of any
type with any person that may be necessary or proper to carry out
any of the purposes of this part, including, but not limited to,
providing surface water in exchange for a groundwater extractor's
agreement to reduce or cease groundwater extractions. The agency
shall not deliver retail water supplies within the service area of a
public water system without either the consent of that system or
authority under the agency's existing authorities.
(e) Transport, reclaim, purify, desalinate, treat, or otherwise
manage and control polluted water, wastewater, or other waters for
subsequent use in a manner that is necessary or proper to carry out
the purposes of this part.
(f) Whenever, in the opinion of the agency's governing board, the
public interest or convenience may require, it may order any work or
improvement that it is authorized to undertake to be done in
accordance with the procedures and pursuant to the provisions of the
Improvement Act of 1911 (Division 7 (commencing with Section 5000) of
the Streets and Highways Code), the Improvement Bond Act of 1915
(Division 10 (commencing with Section 8500) of the Streets and
Highways Code), or the Municipal Improvement Act of 1913 (Division 12
(commencing with Section 10000) of the
Streets and Highways Code).
(g) Commence, maintain, intervene in, defend, compromise, and
assume the cost and expenses of any and all actions and proceedings.
10731.5. A groundwater sustainability agency shall have the
following additional authority and may regulate groundwater pumping
using that authority by means of ordinance or resolution:
(a) To impose spacing requirements on new groundwater well
construction to minimize well interference and impose reasonable
operating regulations on existing groundwater wells to minimize well
interference, including requiring pumpers to operate on a rotation
basis.
(b) To control groundwater extractions by regulating, limiting, or
suspending extractions from individual groundwater wells or
extractions from groundwater wells in the aggregate, the construction
of new groundwater wells, the enlarging of existing groundwater
wells, the reactivation of abandoned groundwater wells, or otherwise
establishing groundwater extraction allocations. A limitation on
extractions by a groundwater sustainability agency shall not be
construed to be a final determination of rights to extract
groundwater from the basin or any portion of the basin. A groundwater
sustainability agency may use the expedited adjudication procedures
in Chapter 10 (commencing with Section 10742) in establishing
groundwater extraction allocations.
(c) To authorize temporary and permanent transfers of groundwater
extraction allocations within the agency's boundaries, if the total
quantity of groundwater extracted in any year is consistent with the
provisions of the groundwater sustainability plan.
(d) To establish accounting rules to allow unused groundwater
extraction allocations issued by the agency to be carried over from
one year to another and voluntarily transferred, if the total
quantity of groundwater extracted in any five-year period is
consistent with the provisions of the groundwater sustainability
plan.
CHAPTER 7. FINANCIAL AUTHORITY
10732. (a) A groundwater sustainability agency may impose fees,
including, but not limited to, permit fees and fees on groundwater
extraction or other regulated activity, to fund the costs of a
groundwater sustainability program, including, but not limited to,
preparation, adoption, and amendment of a groundwater sustainability
plan, and program administration, investigations, inspections,
compliance assistance, and enforcement. A groundwater sustainability
agency shall not impose a fee pursuant to this subdivision on a de
minimus producer unless the agency has regulated the users pursuant
to this part.
(b) Prior to imposing or increasing a fee, a groundwater
sustainability agency shall hold at least one open and public
meeting, at which oral or written presentations may be made as part
of the meeting.
(1) Notice of the time and place of the meeting shall include a
general explanation of the matter to be considered and a statement
that the data required by this section is available. The notice shall
be mailed at least 14 days prior to the meeting to each record owner
of property within the basin and to any interested party who files a
written request with the agency for mailed notice of the meeting on
new or increased fees. A written request for mailed notices shall be
valid for one year from the date that the request is made and may be
renewed by making a written request on or before April 1 of each
year.
(2) At least 10 days prior to the meeting, the groundwater
sustainability agency shall make available to the public data upon
which the proposed fee is based.
(c) Any action by a groundwater sustainability agency to impose or
increase a fee shall be taken only by ordinance or resolution.
(d) (1) As an alternative method for the collection of fees
imposed pursuant to this section, a groundwater management agency may
adopt a resolution requesting collection of the fees in the same
manner as ordinary municipal ad valorem taxes.
(2) A resolution described in paragraph (1) shall be adopted and
furnished to the county auditor and board of supervisors on or before
August 1 of each year that the alternative collection of the fees is
being requested. The resolution shall include a list of parcels and
the amount to be collect for each parcel.
(e) The power granted by this section is in addition to any powers
a groundwater sustainability agency has under any other law.
10732.5. (a) A groundwater sustainability agency that adopts a
groundwater sustainability plan pursuant to this part may impose fees
on the extraction of groundwater from the basin to fund costs of
groundwater management, including, but not limited to, the costs of
the following:
(1) Administration, operation, maintenance, and acquisition of
lands or other property, facilities, and services.
(2) Supply, production, treatment, or distribution of water.
(3) Other activities necessary or convenient to implement the
plan.
(b) Fees may be implemented pursuant to Part 2.75 (commencing with
Section 10750) in accordance with the procedures provided in this
section.
(c) Fees imposed pursuant to this section shall be adopted in
accordance with subdivisions (a) and (b) of Section 6 of Article XIII
D of the California Constitution.
(d) Fees imposed pursuant to this section may include fixed fees
and fees charged on a volumetric basis, including, but not limited
to, fees that increase based on the quantity of groundwater produced
annually, the year in which the production of groundwater commenced
from a groundwater extraction facility, and impacts to the basin.
(e) The power granted by this section is in addition to any powers
a groundwater sustainability agency has under any other law.
10733. A groundwater sustainability agency may fund activities
pursuant to Part 2.75 (commencing with Section 10750) and may impose
fees pursuant to Section 10732.5 to fund activities undertaken by the
agency pursuant to Part 2.75 (commencing with Section 10750).
10733.5. (a) A groundwater fee levied pursuant to this chapter
shall be due and payable to the groundwater sustainability agency by
each owner or operator on a day established by the groundwater
sustainability agency.
(b) If an owner or operator knowingly fails to pay a groundwater
charge within 30 days of it becoming due, the owner or operator shall
be liable to the groundwater sustainability agency for interest at
the rate of 1 percent per month on the delinquent amount of the
groundwater charge and a 10 percent penalty.
(c) The groundwater sustainability agency may bring a suit in the
court having jurisdiction against any owner or operator of a
groundwater extraction facility within the area covered by the plan
for the collection of any delinquent groundwater charges, interest,
or penalties imposed under this chapter. If the groundwater
sustainability agency seeks an attachment against the property of any
named defendant in the suit, the groundwater sustainability agency
shall not be required to furnish bond or other undertaking as
provided in Title 6.5 (commencing with Section 481.010) of Part 2 of
the Code of Civil Procedure.
(d) In the alternative to bringing a suit pursuant to subdivision
(c), a groundwater sustainability agency may collect any delinquent
groundwater charge and any civil penalties and interest on the
delinquent groundwater charge pursuant to the laws applicable to the
local agency or, if a joint powers authority, to the entity
designated pursuant to Section 6509 of the Government Code. The
collection shall be in the same manner as it would be applicable to
the collection of delinquent assessments, water charges, or tolls.
(e) As an additional remedy, a groundwater sustainability agency,
after a public hearing, may order an owner or operator to cease
extraction of groundwater until all delinquent fees are paid. The
groundwater sustainability agency shall give notice to the owner or
operator by certified mail not less than 15 days in advance of the
public hearing.
(f) The remedies specified in this section for collecting and
enforcing fees are cumulative and may be pursued alternatively or may
be used consecutively as determined by the governing body.
10734. (a) Nothing in this chapter shall affect or interfere with
the authority of a groundwater sustainability agency to levy and
collect taxes, assessments, charges, and tolls as otherwise provided
by law.
(b) For the purposes of Section 6254.16 of the Government Code,
persons subject to payment of fees pursuant to this chapter are
utility customers of a groundwater sustainability agency.
10734.5. (a) If there is reasonable cause to believe that the
production of groundwater from any groundwater extraction facility is
in excess of that disclosed by the statements covering the facility
or if no statement is filed covering the facility, then the governing
body may cause an investigation and report to be made concerning the
production of groundwater from that groundwater extraction facility
that includes, but is not limited to, the accuracy of the
water-measuring device. The governing body may make a determination
fixing the amount of groundwater production from the groundwater
extraction facility at an amount not to exceed the maximum production
capacity of the facility for purposes of levying a groundwater
charge. If a water-measuring device is permanently attached to the
groundwater extraction facility, the record of production as
disclosed by the water-measuring device shall be presumed to be
accurate unless the contrary is established by the groundwater
management agency after investigation.
(b) After the governing body makes a determination fixing the
amount of groundwater production pursuant to subdivision (a), a
written notice of the determination shall be mailed to the owner or
operator of the groundwater extraction facility at the address as
shown by the groundwater management agency's records. A determination
made by the governing body shall be conclusive on the owner or
operator and the groundwater charges, based on the determination
together with any interest and penalties, shall be payable
immediately unless within 10 days after the mailing of the notice the
owner or operator files with the governing body a written protest
setting forth the ground for protesting the amount of production or
the groundwater charges, interest, and penalties. If a protest is
filed pursuant to this subdivision, the governing body shall hold a
hearing to determine the total amount of the groundwater production
and the groundwater charges, interest, and penalties. The
determination by the governing body at the hearing shall be
conclusive if based upon substantial evidence. Notice of the hearing
shall be mailed to each protestant at least 10 days before the date
fixed for the hearing. Notice of the determination of the governing
body hearing shall be mailed to each protestant. The owner or
operator shall have 20 days from the date of mailing of the
determination to pay the groundwater charges, interest, and penalties
determined by the governing body.
CHAPTER 8. GROUNDWATER SUSTAINABILITY PLANS
10735. (a) A groundwater sustainability plan shall be adopted for
each medium or high priority basin by an overlying groundwater
sustainability agency. The plan may incorporate, extend, or be based
on a plan adopted pursuant to Part 2.75 (commencing with Section
10750) and shall include all of the following:
(1) A description of the physical setting and characteristics of
the aquifer system underlying the basin that includes the following:
(A) Historical data, to the extent available.
(B) Groundwater levels, groundwater quality, subsidence, and
groundwater-surface water interaction.
(C) Known issues of concern with respect to the data described in
this paragraph.
(D) A general discussion of historical and projected water demands
and supplies.
(E) A map that details the area of the basin and the boundaries of
the groundwater sustainability agencies that overlie the basin that
have or are developing groundwater sustainability plans.
(F) A map identifying existing and potential recharge areas for
the basin. The map or maps shall identify the existing recharge areas
that substantially contribute to the replenishment of the
groundwater basin. The map or maps shall be provided to the
appropriate local planning agencies after adoption of the groundwater
sustainability plan.
(2) Groundwater management objectives to achieve the
sustainability goal in the basin within 20 years of the
implementation of the plan. The plan shall include a description of
how the plan helps meet each objective and how each objective is
intended to achieve the sustainability goal for the basin for
long-term beneficial uses of groundwater. The department, at the
request of the groundwater management agency, may grant an extension
of up to 10 years beyond the 20 year sustainability time frame if
necessary based on groundwater basin circumstances.
(3) A planning and implementation horizon of at least 50 years.
(4) As applicable to the basin, components relating to the
following:
(A) The monitoring and management of groundwater levels within the
basin.
(B) The monitoring and management of groundwater quality,
groundwater quality degradation, inelastic land surface subsidence,
and changes in surface flow and surface water quality that directly
affect groundwater levels or quality or are caused by groundwater
pumping in the basin.
(C) Mitigation of overdraft.
(D) How recharge areas identified in the plan substantially
contribute to the replenishment of the basin.
(5) A summary of the type of monitoring sites, type of
measurements, and the frequency of monitoring for each location
monitoring groundwater levels, groundwater quality, subsidence,
streamflow, precipitation, evaporation, and tidal influence. The plan
shall include a summary of monitoring information such as well
depth, screened intervals, and aquifer zones monitored, and a summary
of the type of well relied on for the information, including public,
irrigation, domestic, industrial, and monitoring wells.
(6) Monitoring protocols that are designed to detect changes in
groundwater levels, groundwater quality, inelastic surface subsidence
for basins for which subsidence has been identified as a potential
problem, and flow and quality of surface water that directly affect
groundwater levels or quality or are caused by groundwater pumping in
the basin. The monitoring protocols shall be designed to generate
information that promotes efficient and effective groundwater
management.
(b) A groundwater sustainability plan may include all of the
following, where appropriate:
(1) Control of saline water intrusion.
(2) Wellhead protection areas and recharge areas.
(3) Migration of contaminated groundwater.
(4) A well abandonment and well destruction program.
(5) Replenishment of groundwater extractions.
(6) Activities implementing, opportunities for, and impediments
to, conjunctive use.
(7) Well construction policies.
(8) Measures addressing groundwater contamination cleanup,
recharge, diversions to storage, conservation, water recycling,
conveyance, and extraction projects.
(9) Efficient water management practices, as defined in Section
10902, for the delivery of water and water conservation methods to
improve the efficiency of water use.
(10) Efforts to develop relationships with state and federal
regulatory agencies.
(11) Processes to review land use plans and efforts to coordinate
with land use planning agencies to assess activities that potentially
create risks to groundwater quality or quantity.
10735.5. (a) Prior to initiating the development of a groundwater
sustainability plan, the groundwater sustainability agency shall
make available to the public and the department a written statement
describing the manner in which interested parties may participate in
the development and implementation of the groundwater sustainability
plan. The groundwater sustainability agency may appoint and consult
with an advisory committee consisting of interested parties for the
purposes of developing and implementing a sustainable groundwater
management plan. The groundwater management agency shall encourage
the active involvement of diverse social, cultural, and economic
elements of the population within the groundwater basin prior to and
during the development and implementation of the groundwater
management plan. The groundwater sustainability agency shall
encourage the active involvement of diverse social, cultural, and
economic elements of the population within the basin prior to and
during the development and implementation of the groundwater
sustainability plan.
(b) The groundwater sustainability agency shall establish and
maintain a list of persons interested in receiving notices regarding
plan preparation, meeting announcements, and availability of draft
plans, maps, and other relevant documents. A person may request, in
writing, to be placed on the list of interested persons.
10736. (a) Except as provided in subdivision (b), a groundwater
sustainability agency shall certify that its plan complies with this
part no later than January 31, 2020, and every five years thereafter.
A groundwater sustainability agency shall submit this certification
to the department within 30 days of the certification.
(b) A basin shall be in compliance with this part if a groundwater
sustainability agency for a basin or other local agency submits to
the department no later than January 31, 2020, and every five years
thereafter, any of the following documents:
(1) A copy of a governing final judgment or other judicial order
or decree establishing a groundwater sustainability program for the
basin.
(2) A report approved by a groundwater sustainability agency that
shows that current management or operations activities have been
consistent with the sustainable yield of the basin over a period of
at least 10 years. The report shall be prepared by a registered
professional engineer or geologist who is licensed by the state and
submitted under that engineer's or geologist's seal. The report may
demonstrate compliance with the sustainability goal in the basin by
presenting a balanced water budget for the basin, a technical
analysis demonstrating stable groundwater levels over the relevant
period, or other sufficient technical analyses.
(c) (1) The department may review the submissions made pursuant to
this section and may request the supporting information on which the
certification pursuant to subdivision (a) or the other documentation
pursuant to subdivision (b) relied. The department may issue
findings concerning the validity of the certification or other
submission.
(2) Before issuing findings pursuant to paragraph (1), the
department shall transmit a draft of its findings to the submitting
agency and shall consult with that agency. The submitting agency may
submit a response to the department within 60 days of receiving the
department's draft findings.
(3) If the department's findings issued pursuant to paragraph (1)
concern the compliance of a plan with requirements for sustainable
groundwater management or the operation of a basin consistent with
the basin's sustainable yield, the submitting agency, within 90 days
of receipt, shall consider amendments to its plan or technical
analysis to address the department's findings.
(d) The Antelope Valley basin at issue in the Antelope Valley
Groundwater Cases (Judicial Council Coordination Proceeding Number
4408) shall be treated as an adjudicated basin pursuant to this
section if the superior court's final judgment, order, or decree is
submitted to the department consistent with this section.
10736.5. A groundwater management agency shall periodically
evaluate its groundwater sustainability plan, assess changing
conditions in the basin that may warrant modification of the plan or
management objectives, and may adjust components in the plan. An
evaluation of the plan shall focus on determining whether the actions
under the plan are meeting the plan's management objectives and
whether those objectives are meeting the sustainability goal in the
basin.
10737. A groundwater sustainability agency preparing a
groundwater sustainability plan or a plan amendment shall notify any
city or county within the area of the proposed plan or amendment at
least 90 days before a public hearing on the plan where the agency
will be reviewing the plan or amendment and considering its adoption
or amendment. The groundwater sustainability agency shall obtain
comments from any city or county that receives notice pursuant to
this section and shall consult with a city or county that requests
consultation within 30 days of receipt of the notice. Nothing in this
section is intended to preclude an agency and a city or county from
otherwise consulting or commenting regarding the adoption or
amendment of a plan.
10737.5. (a) The department or a groundwater sustainability
agency may provide technical assistance to entities that extract or
use groundwater to promote water conservation and protect groundwater
resources.
(b) The department may provide technical assistance to any
groundwater sustainability agency in response to that agency's
request for assistance in the development and implementation of a
groundwater sustainability plan. The department shall use its best
efforts to provide the requested assistance.
(c) (1) By January 1, 2017, the department shall submit to the
Legislature and publish on its Internet Web site best management
practices for the sustainable management of groundwater.
(2) Best management practices to be submitted pursuant to
paragraph (1) shall be submitted in compliance with Section 9795 of
the Government Code.
(3) The department shall develop the best management practices in
consultation with a representative task force of interested entities.
The department shall ensure that the task force's members are
broadly representative of stakeholders who are interested in
groundwater. The task force shall have no more than 25 stakeholder
members. The task force also shall include at least three licensed
engineers who have extensive experience with groundwater issues. The
department shall convene the task force's first meeting by July 1,
2015. All meetings of the task force shall be open to the public.
(4) A groundwater sustainability agency may consider the best
management practices developed by the department in preparing a
groundwater sustainability plan consistent with the requirements of
this chapter.
CHAPTER 9. STATE INTERVENTION
10738. It is the intent of the Legislature to amend this measure
to provide that one or more state agencies act to ensure that all
basins in California are on track to achieve the sustainability goal
if local agencies are unable to adopt or implement groundwater
sustainability plans that achieve that goal.
CHAPTER 10. EXPEDITED ADJUDICATION
10742. It is the intent of the Legislature to amend this measure
to provide for expedited adjudications of rights to extract and store
water from and in basins by enacting, and directing the Judicial
Council to develop,
innovative judicial procedures to manage those adjudications as
quickly as reasonably feasible so as to enable the sustainable
management of groundwater in the state.
CHAPTER 11. LAND USE
10745. (a) After January 31, 2020, until a groundwater
sustainability agency or the board complies with this part for a
basin, a person shall not increase groundwater extractions on a
property within the basin from the average of the extractions on that
property during the period of January 1, 2010, to December 31, 2014,
inclusive, unless the person submits to the county a report that
meets all of the following requirements:
(1) A registered professional engineer or geologist licensed by
the state prepared the report and submitted it under the engineer's
or geologist's seal.
(2) It includes a technical analysis demonstrating stable
groundwater levels over the relevant period in the area where the
increased extraction would occur.
(3) It demonstrates that the increased extractions would not cause
undesirable results in the basin.
(b) A land use agency shall issue a well-drilling permit only if
the extractions from the new or refurbished well satisfy the limit
established pursuant to subdivision (a).
(c) This section does not apply to the following:
(1) Monitoring wells.
(2) Wells used for groundwater remediation under a cleanup or
remedial action plan approved by a public agency with authority to
oversee groundwater remediation or by a court of competent
jurisdiction.
(3) A well that is subject to judicial oversight and control
pursuant to a final judgment governing extractions from the
groundwater basin.
(d) This section shall not be construed as an exemption from any
adjudication of rights to use groundwater whether that adjudication
occurs in a court of California, the United States, or under
procedures provided in Chapter 10 (commencing with Section 10742).
CHAPTER 12. WATER SUPPLY RELIABILITY
10748. Sustainable groundwater management in California depends
upon creating more opportunities for robust conjunctive management of
surface water resources. Climate change will intensify the need to
recalibrate and reconcile surface and groundwater management
strategies. It is the intent of the Legislature to amend this measure
to provide that the State Water Resources Control Board and the
regional water quality control boards weigh the value of surface
water for groundwater replenishment and recharge to promote the state'
s interest in groundwater sustainability.
SEC. 6. The provisions of this act are
severable. If any provision of this act or its application is held
invalid, that invalidity shall not affect other provisions or
applications that can be given effect without the invalid provision
or application.
SEC. 7. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
SEC. 8. The Legislature finds and declares that
Section 5 of this act, which adds Sections 10729.5 and 10734 to the
Water Code, imposes a limitation on the public's right of access to
the meetings of public bodies or the writings of public officials and
agencies within the meaning of Section 3 of Article I of the
California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following findings to demonstrate the
interest protected by this limitation and the need for protecting
that interest:
In order to allow this act to fully accomplish its goals, it is
necessary to protect proprietary information submitted pursuant to
this act as confidential. Therefore, it is in the state's interest to
limit public access to this information.