Amended in Assembly June 17, 2014

Amended in Senate April 23, 2014

Amended in Senate April 10, 2014

Senate BillNo. 1168


Introduced by Senator Pavley

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(Principal coauthor: Assembly Member Dickinson)

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February 20, 2014


An act tobegin insert amend Sections 65352 and 65352.5 of, and to add Section 65350.5 to, the Government Code, and to amend Sections 10927 and 10933 of, to add Sections 113 and 10750.11 to, and toend insert add Part 2.74 (commencing with Section 10720) to Division 6 of, the Water Code, relating to groundwater.

LEGISLATIVE COUNSEL’S DIGEST

SB 1168, as amended, Pavley. Groundwater management.

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Existing law requires the Department of Water Resources to identify the extent of monitoring of groundwater elevations that is being undertaken within each basin or subbasin and prioritize groundwater basins and subbasins.

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This bill would require the department, pursuant to these provisions, to categorize each basin and subbasin as either high priority, medium priority, low priority, or very low priority. The bill would require the Department of Fish and Wildlife, in collaboration with the department, to identify those basins and subbasins where species and ecosystems are vulnerable to existing or future groundwater conditions.

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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 thebegin delete Department of Water Resourcesend deletebegin insert departmentend insert for groundwater projects or groundwater quality projects to do certain things, including, but not limited to, prepare and implement a groundwater management plan that includes basin management objectives for the groundwater basin.

This bill wouldbegin insert prohibit a groundwater management plan from being adopted, or an existing groundwater management plan from being renewed, under these provisions, on or after January 1, 2015. The bill would insteadend insert enact the Sustainable Groundwater Management Act, and would state as the intent of the Legislaturebegin delete that, among other things, all groundwater basins and subbasins shall be managed sustainably by local entities pursuant to an adopted sustainable groundwater management plan. Thisend deletebegin insert to, among other things, provide local groundwater agencies with the authority and assistance necessary to sustainably manage groundwaterend insertbegin insert. Theend insert bill would authorizebegin delete unspecified entitiesend deletebegin insert a local agency or agencies to form a groundwater management agency andend insert to develop a sustainable groundwater management plan, defined as a document that describes the activities intended to be included in a groundwater management program, to be developed and adopted to encompass an entire basin orbegin delete subbasin in an unspecified manner, and according to an unspecified schedule. Thisend deletebegin insert subbasin. The bill would also authorize a groundwater management agency to, among other things, establish and collect fees for the management of groundwater and establish a system for allocating groundwater. The bill would require a groundwater management agency to be formed and managed so that the interests of all beneficial uses and users of groundwater are considered and would require a sustainable groundwater management plan to meet certain criteria, including provisions relating to the monitoring and management of groundwater levels within the groundwater basin, mitigating or avoiding conditions of overdraft, and controlling saline water intrusion, if relevant.end insert

begin insertThe bill would require, for basins and subbasins that have been identified by the department as high priority or medium priority, that a groundwater management plan be completed and submitted to the department by January 1, 2020, and be designed to achieve sustainable groundwater management within 20 years of the plan’s adoption. The bill would require the department, in consultation with the board, to establish a process for the certification of groundwater management plans that existed before January 1, 2015, if those plans substantially meet the purposes and goals of this measure.end insert

begin insertThis bill would require the groundwater management agency to prepare and provide notice to the public of an annual report, which would include a summary of the agency’s characterization of the basin, water budget, sustainable yield, and status of the groundwater management plan development and implementation. Theend insert bill would authorizebegin delete, under unspecified conditions,end delete the state to take action to cause a sustainable groundwater management plan to be developed, adopted, and implementedbegin insert, and would require that the state make all reasonable efforts to transfer management of a groundwater basin back to local agencies. The bill would require the department to provide technical assistance to groundwater management agencies, including developing best management practices and guidelines to assist groundwater agencies in the development and implementation of sustainable groundwater management plans and reporting on statewide groundwater basin characterizationend insert.

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The Planning and Zoning Law requires the legislative body of a city or county to adopt a general plan that consists of various elements, including a land use element, a conservation element, and an open-space element. Existing law requires, prior to action by a legislative body to adopt or substantially amend a general plan, that the planning agency refer the proposed action to specified state, local, and federal agencies.

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This bill would require that the plan also be referred to a groundwater management agency or local agency that has adopted a groundwater management plan, or the State Water Resources Control Board if it has adopted a groundwater management plan, that includes territory within the planning area of the proposed general plan. The bill would require the local agency or the State Water Resources Control Board, upon receiving notice of the proposed action to adopt or substantially amend the general plan, to provide the planning agency with certain information relating to groundwater. The bill would also require the planning agency, before adoption or substantial amendment to the general plan, to review and revise its land use, conservation, and open-space element to address groundwater management plans and any limitations on groundwater pumping imposed by a groundwater management agency. By imposing additional duties on local officials, this bill would impose a state-mandated local program.

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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.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P4    1begin insert

begin insertSECTION 1.end insert  

end insert
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(a) The Legislature finds and declares as follows:

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2(1) The people of the state have a primary interest in the
3protection, management, and reasonable beneficial use of the
4water resources of the state, both surface and underground, and
5that the integrated management of the state’s water resources is
6essential to meeting its water management goals.

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7(2) Groundwater provides a significant portion of California’s
8water supply. Groundwater accounts for more than one-third of
9the water used by Californians in an average year and more than
10one-half of the water used by Californians in a drought year when
11other sources are unavailable.

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12(3) Excessive groundwater pumping can cause overdraft, failed
13wells, deteriorated water quality, environmental damage, and
14irreversible land subsidence that damages infrastructure and
15diminishes the capacity of aquifers to store water for the future.

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16(4) When properly managed, groundwater resources will help
17protect communities, farms, and the environment against prolonged
18dry periods and climate change, preserving water supplies for
19existing and potential beneficial use.

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20(5) Failure to manage groundwater to prevent long-term
21overdraft infringes on groundwater rights.

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22(6) Groundwater resources are most effectively managed at the
23local or regional level.

end insert
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24(7) Groundwater management will not be effective unless local
25actions to sustainably manage groundwater basins and subbasins
26are taken.

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27(8) Local and regional agencies need to have the necessary
28support and authority to manage groundwater sustainably.

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29(9) In those circumstances where a local groundwater
30management agency is not managing its groundwater sustainably,
31the state needs to protect the resource until it is determined that
P5    1a local groundwater management agency can sustainably manage
2the groundwater basin or subbasin.

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3(10) Information on the amount of groundwater extraction,
4natural and artificial recharge, and groundwater evaluations are
5critical for effective management of groundwater.

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6(b) It is therefore the intent of the Legislature to do all of the
7following:

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8(1) To provide local and regional agencies the authority to
9sustainably manage groundwater.

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10(2) To provide that if no local groundwater agency or agencies
11provide sustainable groundwater management for a groundwater
12basin or subbasin, the state has the authority to develop and
13implement a sustainable groundwater management plan until the
14time the local groundwater management agency or agencies can
15assume management of the basin or subbasin.

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16(3) To require the development and reporting of those data
17necessary to support sustainable groundwater management,
18including those data that help describe the basin’s geology, the
19short- and long-term trends of the basin’s water balance, and other
20measures of sustainability, and those data necessary to resolve
21disputes regarding sustainable yield, beneficial uses, and water
22rights.

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23(4) To respect overlying and other proprietary rights to
24groundwater.

end insert
25begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 65350.5 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
26read:end insert

begin insert
27

begin insert65350.5.end insert  

Before the adoption of or any substantial amendment
28to a city or county’s general plan, the planning agency shall review
29and, if necessary, revise the land use, conservation, open space,
30or any other element as appropriate to address all of the following:

31(a) Any adoption of, or update to, a groundwater management
32plan by a groundwater management agency or local agency
33pursuant to Part 2.74 (commencing with Section 10720) or Part
342.75 (commencing with Section 10750) of the Water Code or other
35provisions of law or a court order, judgment, or decree, or the
36State Water Resources Control Board if it has adopted a
37groundwater management plan pursuant to Section 10747.

38(b) Any limitation on pumping of groundwater by a local
39groundwater management agency.

40(c) An adjudication of water rights.

end insert
P6    1begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 65352 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
2read:end insert

3

65352.  

(a) begin deletePrior to end deletebegin insertBefore end insertactionbegin insert is takenend insert by a legislative body
4to adopt or substantially amend a general plan, the planning agency
5shall refer the proposed action to all of the following entities:

6(1) A city or county, within or abutting the area covered by the
7proposal, and any special district that may be significantly affected
8by the proposed action, as determined by the planning agency.

9(2) An elementary, high school, or unified school district within
10the area covered by the proposed action.

11(3) The local agency formation commission.

12(4) An areawide planning agency whose operations may be
13significantly affected by the proposed action, as determined by the
14planning agency.

15(5) A federalbegin delete agencyend deletebegin insert agency,end insert if its operations or lands within
16its jurisdiction may be significantly affected by the proposed action,
17as determined by the planning agency.

18(6) (A) The branches of the United States Armed Forces that
19have provided the Office of Planning and Research with a
20California mailing address pursuant to subdivision (d) of Section
2165944begin delete whenend deletebegin insert ifend insert the proposed action is within 1,000 feet of a military
22installation, or lies within special use airspace, or beneath a
23low-level flight path, as defined in Section 21098 of the Public
24Resources Code,begin delete provided thatend deletebegin insert and ifend insert the United States Department
25of Defense provides electronic maps of low-level flight paths,
26special use airspace, and military installations at a scale and in an
27electronic format that is acceptable to the Office of Planning and
28Research.

29(B) Within 30 days of a determination by the Office of Planning
30and Research that the information provided by the Department of
31Defense is sufficient and in an acceptable scale and format, the
32office shall notify cities, counties, and cities and counties of the
33availability of the information on the Internet. Cities, counties, and
34cities and counties shall comply with subparagraph (A) within 30
35days of receiving this notice from the office.

36(7) A public water system, as defined in Section 116275 of the
37Health and Safety Code, with 3,000 or more service connections,
38that serves water to customers within the area covered by the
39proposal. The public water system shall have at least 45 days to
40comment on the proposed plan, in accordance with subdivision
P7    1(b), and to provide the planning agency with the information set
2forth in Section 65352.5.

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3(8) A groundwater management agency or local agency that
4has adopted a groundwater management plan or sustainable
5groundwater management plan, or that otherwise manages
6groundwater pursuant to other provisions of law or a court order,
7judgment, or decree, or the State Water Resources Control Board
8if it has adopted a groundwater management plan pursuant to
9Section 10747 of the Water Code, that includes territory within
10the planning area of the proposed general plan.

end insert
begin delete

11(8)

end delete

12begin insert(9)end insert The Bay Area Air Quality Managementbegin delete Districtend deletebegin insert District,end insert
13 for a proposed action within the boundaries of the district.

begin delete

14(9) On and after March 1, 2005, a

end delete

15begin insert(10)end insertbegin insertend insertbegin insertAend insert California Native American tribe, that is on the contact
16list maintained by the Native American Heritagebegin delete Commission,
17withend delete
begin insert Commission and that hasend insert traditional lands located within the
18city or county’s jurisdiction.

begin delete

19(10)

end delete

20begin insert(11)end insert The Central Valley Flood Protectionbegin delete Boardend deletebegin insert Board,end insert for a
21proposed action within the boundaries of the Sacramento and San
22Joaquin Drainage District, as set forth in Section 8501 of the Water
23Code.

24(b) begin deleteEach end deletebegin insertAn end insertentitybegin delete receivingend deletebegin insert that receivesend insert a proposed general
25plan or amendment of a general plan pursuant to this section shall
26have 45 days from the date the referring agency mails it or delivers
27itbegin delete in whichend delete to comment unless a longer period is specified by the
28planning agency.

29(c) (1) This section is directory, not mandatory, and the failure
30to refer a proposed action to thebegin delete otherend delete entities specified in this
31section does not affect the validity of the action, if adopted.

32(2) To the extent that the requirements of this section conflict
33with the requirements of Chapter 4.4 (commencing with Section
3465919), the requirements of Chapter 4.4 shall prevail.

35begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 65352.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
36to read:end insert

37

65352.5.  

(a) The Legislature finds and declares that it is vital
38that there be close coordination and consultation between
39California’s water supply agencies and California’s land use
40approval agencies to ensure that proper water supply planning
P8    1occursbegin delete in orderend delete to accommodate projects that will result in
2increased demands on water supplies.

3(b) It is, therefore, the intent of the Legislature to provide a
4standardized process for determining the adequacy of existing and
5planned future water supplies to meet existing and planned future
6demands on these water supplies.

7(c) Upon receiving, pursuant to Section 65352, notification of
8a city’s or a county’s proposed action to adopt or substantially
9amend a general plan, a public water system, as defined in Section
10116275 of the Health and Safety Code, with 3,000 or more service
11connections, shall provide the planning agency with the following
12information, as is appropriate and relevant:

13(1) The current version of its urban water management plan,
14adopted pursuant to Part 2.6 (commencing with Section 10610)
15of Division 6 of the Water Code.

16(2) The current version of its capital improvement program or
17plan, as reported pursuant to Section 31144.73 of the Water Code.

18(3) A description of the source or sources of the total water
19supply currently available to the water supplier by water right or
20contract, taking into account historical data concerning wet, normal,
21and dry runoff years.

22(4) A description of the quantity of surface water that was
23purveyed by the water supplier in each of the previous five years.

24(5) A description of the quantity of groundwater that was
25purveyed by the water supplier in each of the previous five years.

26(6) A description of all proposed additional sources of water
27supplies for the water supplier, including the estimated dates by
28which these additional sources should be available and the
29quantities of additional water supplies that are being proposed.

30(7) A description of the total number of customers currently
31served by the water supplier, as identified by the following
32categories and by the amount of water served to each category:

33(A) Agricultural users.

34(B) Commercial users.

35(C) Industrial users.

36(D) Residential users.

37(8) Quantification of the expected reduction in total water
38demand, identified by each customer category set forth in paragraph
39(7), associated with future implementation of water use reduction
P9    1measures identified in the water supplier’s urban water
2management plan.

3(9) Any additional information that is relevant to determining
4the adequacy of existing and planned future water supplies to meet
5existing and planned future demands on these water supplies.

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6(d) Upon receiving, pursuant to Section 65352, notification of
7a city’s or a county’s proposed action to adopt or substantially
8amend a general plan, a local agency that has adopted a
9groundwater management plan, or that otherwise manages
10groundwater pursuant to other provisions of law or a court order,
11judgment, or decree, or the State Water Resources Control Board
12if it has adopted a groundwater management plan pursuant to
13Section 10747 of the Water Code, shall provide the planning
14agency with maps of recharge basins, percolation ponds, and any
15other information that is appropriate and relevant.

end insert
16begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 113 is added to the end insertbegin insertWater Codeend insertbegin insert, to read:end insert

begin insert
17

begin insert113.end insert  

(a) It is the policy of the state that groundwater resources
18be managed sustainably.

19(b) Sustainable groundwater management mean the management
20of a groundwater basin to provide for multiple long-term benefits
21without resulting in or aggravating conditions that cause
22significant economic, social, or environmental impacts such as
23long-term overdraft, land subsidence, ecosystem degradation,
24depletions from surface water bodies, and water quality
25degradation, in order to protect the resource for future generations.

end insert
26

begin deleteSECTION 1.end delete
27begin insertSEC. 6.end insert  

Part 2.74 (commencing with Section 10720) is added
28to Division 6 of the Water Code, to read:

29 

30PART 2.74.  Sustainable Groundwater
31Management

32

32 

33Chapter  1. General Provisions
34

 

35

10720.  

This part may be known, and may be cited, as the
36Sustainable Groundwater Management Act.

37

10721.  

In enacting this part, it is the intent of the Legislature
38begin deletethat all of the following occurend deletebegin insert to do all of the followingend insert:

begin delete

P10   1(a) All groundwater basins and subbasins shall be managed
2sustainably by local entities pursuant to an adopted sustainable
3groundwater management plan.

end delete
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4(b) Attention to develop, adopt, and implement a sustainable
5groundwater management plan shall be directed first to high and
6medium priority groundwater basins and subbasins.

end delete
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7(c) Upon a finding of compelling state interest, the state shall
8have recourse to cause a sustainable groundwater management
9plan to be developed, adopted, and implemented where local
10interests either cannot or will not do so themselves.

end delete
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11(a) To provide for the sustainable management of groundwater
12basins.

end insert
begin insert

13(b) To provide local groundwater agencies with the authority
14and assistance necessary to sustainably manage groundwater.

end insert
begin insert

15(c) To provide that if no local groundwater agency or agencies
16provide sustainable groundwater management for a groundwater
17basin or subbasin, the state has the authority to develop and
18implement a sustainable groundwater management plan until the
19time the local groundwater management agency or agencies can
20assume management of the basin or subbasin.

end insert
21

10722.  

This part applies to all groundwater basinsbegin delete and
22subbasinsend delete
in the state.

23 

24Chapter  2. Definitions
25

 

26

10725.  

Unless the context otherwise requires, the following
27definitions govern the construction of this part:

28(a) “Groundwater” means all water beneath the surface of the
29earth within the zone below the water table in which the soil is
30completely saturated with water, but does not include water that
31flows in known and definite channels.

32(b) “Groundwater basin” means any basin or subbasin identified
33in the department’s Bulletin No. 118, dated September 1975, and
34any amendments to thatbegin delete bulletin, but does not include a basin in
35which the average well yield, excluding domestic supply wells
36that supply water to a single-unit dwelling, is less than 100 gallons
37per minuteend delete
begin insert bulletinend insert.

38(c) “Groundwater extraction facility” means a device or method
39for the extraction of groundwater within a groundwater basin.

begin insert

P11   1(d) “Groundwater management agency” means one or more
2local agencies formed to develop and implement the provisions of
3this part.

end insert
begin delete

4(d)

end delete

5begin insert(e)end insert “Groundwater recharge” means the augmentation of
6groundwater, by natural or artificial means, with surface water or
7recycled water.

begin delete

8(e) “Local groundwater management entity” means _____.

end delete
begin delete

9(f)

end delete
begin insert

10(f) “Local agency” means a local public agency that has water
11management or land use responsibilities within the groundwater
12basin.

end insert
begin insert

13(g) “Overdraft” means the condition of the groundwater basin
14where the average annual amount of water extracted exceeds the
15average annual supply of water to groundwater.

end insert

16begin insert(h)end insert “Recharge area” means the area that supplies water to an
17aquifer in a groundwater basin and includes multiple wellhead
18protection areas.

begin delete

19(g)

end delete

20begin insert(i)end insert “Sustainable groundwater management” means the
21management of a groundwater basin to provide for multiple
22long-term benefits without resulting in or aggravating conditions
23that cause significant economic, social, or environmental impacts
24 such as long-term overdraft, land subsidence, ecosystem
25degradation, depletions from surface water bodies, and water
26quality degradation, in order to protect the resource forbegin insert present
27andend insert
future generations.

begin delete

28(h)

end delete

29begin insert(j)end insert “Sustainable groundwater management plan” or “plan” means
30a document that describes the activities intended to be included in
31a groundwater management program.

begin delete

32(i)

end delete

33begin insert(k)end insert “Sustainable groundwater management program” or
34“program” means a coordinated and ongoing activity undertaken
35for the benefit of a groundwater basin, or a portion of a
36groundwater basin, pursuant to a groundwater management plan
37adopted pursuant to this part.

begin insert

38(l) “Sustainable yield” means the average annual quantity of
39groundwater that can be withdrawn over a specified planning
P12   1timeframe from a groundwater basin without resulting in or
2aggravating conditions of sustainable groundwater management.

end insert
begin insert

3(m) “Water budget” means an accounting of the total
4groundwater and surface entering and leaving a basin including
5the changes in the amount of water stored.

end insert
begin delete

6(j)

end delete

7begin insert(n)end insert “Watermaster” means a watermaster appointed by a court
8or pursuant to other provisions of law.

begin delete

9(k)

end delete

10begin insert(o)end insert “Wellhead protection area” means the surface and subsurface
11area surrounding a water well or well field that supplies a public
12water system through which contaminants are reasonably likely
13to migrate toward the water well or well field.

begin insert

14 

15Chapter  begin insert2.5.end insert Basin and Subbasin Priority
16

 

17

begin insert10726.end insert  

(a) Pursuant to Section 10933, the department shall
18categorize each basin and subbasin as one of the following
19priorities:

20(1) High priority.

21(2) Medium priority.

22(3) Low priority.

23(4) Very low priority.

24(b) (1) No later than January 1, 2018, the Department of Fish
25and Wildlife, in collaboration with the department, shall identify
26those basins and subbasins where species and ecosystems are
27vulnerable to existing or future groundwater conditions.

28(2) The department shall revise the priorities for those basins
29and subbasins identified in paragraph (1) as appropriate.

end insert
begin insert

30 

31Chapter  begin insert3.end insert Groundwater management Agency Formation
32

 

33

begin insert10730.end insert  

It is the intent of the Legislature that the groundwater
34subbasin, or basin when no subbasin is defined, as identified by
35Bulletin 118, is the most appropriate geographic boundary for
36groundwater management.

37

begin insert10730.1.end insert  

Any local agency or combination of local agencies
38may establish a groundwater management agency.

39

begin insert10730.2.end insert  

Before establishing a groundwater management
40agency, and after publication of notice pursuant to Section 6066
P13   1of the Government Code, the local agency or agencies shall hold
2a public hearing in the county or counties overlying the subbasin
3or basin to discuss requirements of this part.

4

begin insert10730.3.end insert  

The groundwater management agency shall be formed
5and managed to provide that the interests of all beneficial uses
6and users of groundwater, as well as those responsible for
7implementing sustainable groundwater management plans, are
8appropriately considered. These interests include, but are not
9limited to, all of the following:

10(a) Holders of overlying groundwater rights, including:

11(1) Agricultural users.

12(2) Domestic well owners.

13(b) Municipal well operators.

14(c) Local land use planning agencies.

15(d) Environmental users of groundwater.

16(e) Surface water users, if there is a hydrologic connection
17between surface and groundwater bodies.

18(f) ____.

19

begin insert10730.4.end insert  

The groundwater management agency shall establish
20and maintain a list of persons interested in receiving notices
21regarding plan preparation, meeting announcements, and
22availability of draft plans, maps, and other relevant documents.
23Any person may request, in writing, to be placed on the list of
24interested persons.

25

begin insert10730.5.end insert  

A combination of local agencies may form a
26groundwater management agency by using any of the following
27methods:

28(a) A joint powers agreement.

29(b) A memorandum of agreement or other legal agreement.

30

begin insert10730.6.end insert  

(a) A local agency may request a change to the
31boundaries of a groundwater basin or subbasin to the department
32in order to form groundwater management agencies.

33(b) The department shall establish procedures and standards
34for local agencies and groundwater management agencies
35regarding the determination and modification of basin and
36subbasin boundaries for the implementation of this part.

37

begin insert10730.7.end insert  

A groundwater management agency shall inform the
38state board of the formation of the groundwater management
39agency and its intent to undertake sustainable groundwater
P14   1management. The notification shall include the following
2information:

3(a) The service area boundaries, the basin or subbasin the
4agency is managing, and the other groundwater management
5agencies operating within the subbasin.

6(b) A copy of the resolution forming the new agency.

7(c) A copy of the bylaws, ordinances, and new authorities.

end insert

8 

9Chapter  begin delete3. end deletebegin insert4.end insert Sustainable Groundwater Management
10Plans
11

 

begin delete
12

10730.  

A plan shall be developed and adopted according to
13the following schedule:

14(a) ____.

end delete
begin delete
15

10731.  

The process for developing and adopting a plan shall
16include the following:

17(a) ____.

end delete
begin delete
18

10732.  

A plan shall include the following:

19(a) _____.

end delete
begin delete
20

10733.  

A plan shall encompass an entire basin or subbasin.

end delete
begin insert
21

begin insert10735.end insert  

(a) A sustainable groundwater management plan shall
22be developed by a groundwater management agency to meet the
23requirements of this part.

24(b) A sustainable groundwater management plan shall
25encompass an entire basin or subbasin. If more than one
26groundwater management agency is managing within a basin or
27subbasin, the agencies shall jointly develop a plan to ensure all
28agencies are coordinated and a common set of objectives to
29address the management of the basin or subbasin are in place.

30(c) A sustainable groundwater management plan shall describe
31how the groundwater management agency will achieve sustainable
32groundwater management in the basin or subbasin within the
33 following timeframes:

34(1) For basins and subbasins identified by the department as
35high and medium priority, a sustainable groundwater management
36plan shall be completed and submitted to the department by
37January 1, 2020. The plan shall be designed to achieve sustainable
38groundwater management within 20 years of the plan’s adoption,
39with progress reports submitted to the department and the board
40every five years.

P15   1(2) For basins and subbasins identified by the department as
2low or very low priority, sustainable groundwater management
3plans may be submitted to the department.

4(d) The department, in consultation with the board, shall
5establish the minimum standards for development of sustainable
6groundwater management plans, which shall include:

7(1) An identification of the geographic boundaries, physical
8characteristics of the basin, and mapping of those features that
9affect groundwater management.

10(2) Identification of physical interactions of impacts across
11subbasin boundaries.

12(3) A water budget and sustainable yield of the subbasin.

13(4) Data identifying the extent of the impacts and measurable
14objectives to reduce the impacts associated with long-term
15overdraft, water quality, subsidence, surface water flows, and
16groundwater dependent ecosystems in the subbasin.

17(5) Interim milestones and final targets with measurable
18objectives that demonstrate progress toward achieving sustainable
19groundwater management.

20(6) Descriptions of management objectives to achieve
21sustainability in the groundwater basin or subbasin, including
22monitoring and management actions.

23(e) The department, in consultation with the board, shall
24establish a process to certify a groundwater management plan
25which was in place before January 1, 2015, and has been
26established by local agencies or through adjudication, if the plan
27substantially meets the purposes and goals of this part. The
28department in consultation with the board, shall identify
29amendments or additions necessary to certify a groundwater
30management plan which was in place before January 1, 2015,
31under this subdivision wherever feasible. Final certification shall
32be provided by the board.

end insert
begin insert
33

begin insert10736.end insert  

Before initiating the plan development, a groundwater
34management agency preparing a groundwater management plan
35shall convene a scoping session of all interested parties, including,
36but not limited to, those described in Section 10730.3.

end insert
begin insert
37

begin insert10737.end insert  

(a) A local agency shall do the following to meet this
38part:

39(1) Prepare and implement a sustainable groundwater
40management plan that includes basin management objectives for
P16   1the groundwater basin that is subject to the plan. The plan shall
2include components relating to the monitoring and management
3of groundwater levels within the groundwater basin, groundwater
4quality degradation, inelastic land surface subsidence, changes
5in surface flow and surface water quality that directly affect
6groundwater levels or quality or are caused by groundwater
7pumping in the basin, and a description of how recharge areas
8identified in the plan substantially contribute to the replenishment
9of the groundwater basin. For purposes of implementing this
10 paragraph, all of the following shall apply:

11(A) The local agency shall prepare a plan to work cooperatively
12with other public entities whose service area or boundary overlies
13the groundwater basin.

14(B) The local agency shall prepare a map that details the area
15of the groundwater basin, as defined in the department’s Bulletin
16No. 118, and the area of the local agency, that will be subject to
17the plan, as well as the boundaries of other local agencies that
18overlie the basin in which the agency is developing a groundwater
19management plan.

20(C) The groundwater management plan shall include a map
21identifying the recharge areas for the groundwater basin. The
22local agency shall provide the map to the appropriate local
23planning agencies after adoption of the groundwater management
24plan and shall notify the department and all persons on the list
25established and maintained pursuant to Section 10730.4. For
26purposes of this subparagraph, “map identifying the recharge
27areas” means a map that identifies, or maps that identify, the
28current recharge areas that substantially contribute to the
29replenishment of the groundwater basin.

30(2) Adopt monitoring protocols that are designed to detect
31changes in groundwater levels, groundwater quality, inelastic
32surface subsidence for basins for which subsidence has been
33identified as a potential problem, and flow and quality of surface
34water that directly affect groundwater levels or quality or are
35caused by groundwater pumping in the basin. The monitoring
36protocols shall be designed to generate information that promotes
37efficient and effective groundwater management.

38(b) Upon the adoption of a groundwater management plan in
39accordance with this part, the local agency shall submit a copy of
40the plan to the department, in an electronic format approved by
P17   1the department, if practicable. The department shall make available
2to the public copies of the plan received pursuant to this part.

end insert
begin insert
3

begin insert10738.end insert  

In addition to the elements required under Section
410737, a sustainable groundwater management plan shall include
5provisions for the following components. If one or more elements
6are not relevant to the specific basin or subbasin, the plan shall
7explain why that element is unnecessary.

8(a) Controlling of saline water intrusion.

9(b) Identifying and managing wellhead protection areas and
10recharge areas.

11(c) Regulating the migration of contaminated groundwater.

12(d) Administering a well abandonment and well destruction
13program.

14(e) Mitigating or avoiding conditions of overdraft.

15(f) Replenishing groundwater extracted by water producers.

16(g) Regulating groundwater extractions.

17(h) Monitoring and reporting, including, but not limited to,
18reasonable requirements for monitoring and reporting by persons
19or entities that extract groundwater or divert water to underground
20storage, of groundwater extractions, levels, and storage.

21(i) Facilitating conjunctive use operations.

22(j) Establishing well construction policies.

23(k) Constructing and operating by the local agency of
24groundwater contamination cleanup, recharge, storage,
25conservation, water recycling, and extraction projects.

26(l) Developing relationships with state and federal regulatory
27agencies.

28(m) Reviewing land use plans and coordination with land use
29planning agencies to assess activities that create a reasonable risk
30of groundwater contamination.

31(n) Establishing and implementing a dispute resolution
32processes.

end insert
33

begin delete10734.end delete
34begin insert10739.end insert  

Upon adoption of a plan, a copy of the plan shall be
35provided to the following:

36(a) _____.

37 

38Chapter  begin delete4. end deletebegin insert5.end insert begin deleteLocal end deleteGroundwater Managementbegin delete Entitiesend delete
39begin insert Agency Powers and Authoritiesend insert
40

 

begin delete
P18   1

10735.  

A plan may be developed by the following new or
2existing entities:

3(a) _____.

end delete
begin delete
4

10736.  

In addition to any other powers an agency designated
5as a local groundwater management entity may be granted by law,
6a local groundwater management entity shall have and may exercise
7the following powers:

8(a) _____.

end delete
begin delete
9

10737.  

A local groundwater management entity may enforce
10the provisions of a plan as follows:

11(a) _____.

end delete
begin insert
12

begin insert10740.end insert  

In addition to other powers granted by law, a
13groundwater management agency that meets the requirements of
14Chapter 3 (commencing with Section 10730) may do all of the
15following:

16(a) Develop a sustainable groundwater plan pursuant to this
17part.

18(b) Establish a program for the monitoring, measuring, and
19reporting on groundwater conditions.

20(c) Require reports on groundwater extraction.

21(d) Establish a system for allocating groundwater based on
22sustainable yield of the basin and manage pumping with public
23notice and sound technical studies.

24(e) Establish and collect fees for the management of
25groundwater.

26(f) Establish a system for the approval of local voluntary
27transfers within a basin or subbasin.

end insert
begin insert
28

begin insert10741.end insert  

Commencing January 1, 2018, the groundwater
29management agency shall prepare an annual report and provide
30public notice of the annual report. The report shall include a
31summary of the agency’s characterization of the basin, water
32budget, sustainable yield, and status of the groundwater
33management plan development or implementation, and associated
34data.

end insert

35 

36Chapter  begin delete5. end deletebegin insert6.end insert begin deleteFinancingend deletebegin insert Technical Assistanceend insert
37

 

begin delete
38

10740.  

______.

end delete
begin insert
39

begin insert10742.end insert  

The department shall provide technical assistance to
40groundwater management agencies and develop and manage
P19   1statewide groundwater information. This shall include, but is not
2limited to, the following:

3(a) Developing of best management practices and guidelines
4to assist groundwater agencies in the development and
5implementation of sustainable groundwater management plans.

6(b) Reporting on statewide groundwater basin characterization.

7(c) Initiating a subsidence monitoring and assessment program
8in coordination with the United States Geological Survey.

end insert

9 

10Chapter  begin delete6. end deletebegin insert7.end insert Enforcement
11

 

begin delete
12

10745.  

Under the following conditions, the state may take
13action to cause a sustainable groundwater management plan to be
14developed, adopted, and implemented.

15(a) _____.

end delete
begin insert
16

begin insert10745.end insert  

If, by January 1, 2018, a local agency or agencies has
17not initiated a sustainable groundwater management plan for a
18groundwater basin that the department has determined is a high-
19or medium-priority basin pursuant to Section 10726, the
20department shall:

21(a) Contact those local agencies that are authorized by law to
22provide water service or whose land use jurisdiction overlays the
23groundwater basin and offer to assist in the establishment of a
24local groundwater management agency.

25(b) If, within 60 days of the department’s initial notice pursuant
26to subdivision (a), a local agency or agencies has not agreed to
27establish a local groundwater management agency, the department
28shall refer the matter to the board, indicating the priority the
29department gives to the establishment of sustainable groundwater
30management of the subbasin.

end insert
begin insert
31

begin insert10746.end insert  

(a) Each groundwater agency that is required to
32complete a groundwater management plan pursuant to paragraph
33(1) of subdivision (c) of Section 10735 shall submit the plan to the
34department for review by January 1, 2020, and shall a submit
35progress report every 5 years thereafter.

36(b) Upon receipt of the plan on or before January 1, 2020, or
37the progress report, the department shall provide a selected review
38and analysis of the sustainable groundwater management plan,
39or progress report, and shall submit a report of compliance to the
40state board.

end insert
begin insert
P20   1

begin insert10747.end insert  

(a) The board, after written notice and public hearing,
2may initiate a process to have a qualified third party develop a
3groundwater management plan for the basin or subbasin, including
4monitoring and reporting, restrictions on groundwater extraction,
5and the collection of fees, for a groundwater basin based on either
6of the following:

7(1) The groundwater basin has been identified as a high- or
8medium-priority basin by the department and a local agency has
9not initiated the development of a sustainable groundwater
10management plan on or before January 1, 2018.

11(2) The groundwater basin has been identified as a high- or
12medium-priority basin by the department and the board finds that
13the sustainable groundwater management plan submitted on or
14before January 1, 2020, fails to meet the standards and
15requirements of this part.

16(b) The board may adopt and enforce the sustainable
17groundwater management plan developed pursuant to subdivision
18(a).

end insert
begin insert
19

begin insert10748.end insert  

The board, after written notice and public hearing, may
20initiate enforcement of a sustainable groundwater management
21plan adopted by the groundwater management agency, including
22monitoring and reporting, restrictions on groundwater extraction,
23and the collection of fees, for a groundwater basin if the
24groundwater basin has been identified as a high- or
25medium-priority basin by the department and the groundwater
26management agency has not made progress to meet its five-year
27milestone and measurable objectives identified in its plan.

end insert
begin insert
28

begin insert10749.end insert  

Before adoption or enforcement of a sustainable
29groundwater management plan pursuant to Section 10747 or
3010748, respectively, the board shall identify the measures necessary
31to bring the plan or the plan’s implementation into compliance
32with this part and allow the groundwater management agency to
33correct the deficiencies within a reasonable period of time. The
34department shall provide technical assistance as needed for this
35purpose.

end insert
begin insert
36

begin insert10749.5.end insert  

The board, in consultation with the department, shall
37make all reasonable efforts to transfer management of a
38groundwater basin back to local agencies in compliance with this
39part at the earliest feasible date.

end insert
40begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 10750.11 is added to the end insertbegin insertWater Codeend insertbegin insert, to read:end insert

begin insert
P21   1

begin insert10750.11.end insert  

Commencing January 1, 2015, a new plan shall not
2be adopted and an existing plan shall not be renewed pursuant to
3this part. A plan adopted before January 1, 2015, shall remain in
4effect until a sustainable groundwater management plan is adopted
5pursuant to Part 2.74 (commencing with Section 10720).

end insert
6begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 10927 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert

7

10927.  

Any of the following entities may assume responsibility
8for monitoring and reporting groundwater elevations in all or a
9part of a basin or subbasin in accordance with this part:

10(a) A watermaster or water management engineer appointed by
11a court or pursuant to statute to administer a final judgment
12determining rights to groundwater.

13(b) (1) A groundwater management agency with statutory
14authority to manage groundwater pursuant to its principal act that
15is monitoring groundwater elevations in all or a part of a
16groundwater basin or subbasin on or before January 1, 2010.

17(2) A water replenishment district established pursuant to
18 Division 18 (commencing with Section 60000). This part does not
19expand or otherwise affect the authority of a water replenishment
20district relating to monitoring groundwater elevations.

begin insert

21(3) A groundwater management agency with statutory authority
22to manage groundwater pursuant to Part 2.74 (commencing with
23Section 10720).

end insert

24(c) A local agency that is managing all or part of a groundwater
25basin or subbasin pursuant to Part 2.75 (commencing with Section
2610750) and that was monitoring groundwater elevations in all or
27a part of a groundwater basin or subbasin on or before January 1,
282010, or a local agency or county that is managing all or part of a
29groundwater basin or subbasin pursuant to any other legally
30enforceable groundwater management plan with provisions that
31are substantively similar to those described in that part and that
32was monitoring groundwater elevations in all or a part of a
33groundwater basin or subbasin on or before January 1, 2010.

34(d) A local agency that is managing all or part of a groundwater
35basin or subbasin pursuant to an integrated regional water
36management plan prepared pursuant to Part 2.2 (commencing with
37Section 10530) that includes a groundwater management
38component that complies with the requirements of Section 10753.7.

39(e) A local agency that has been collecting and reporting
40groundwater elevations and that does not have an adopted
P22   1groundwater management plan, if the local agency adopts a
2groundwater management plan in accordance with Part 2.75
3(commencing with Section 10750) by January 1, 2014. The
4department may authorize the local agency to conduct the
5monitoring and reporting of groundwater elevations pursuant to
6this part on an interim basis, until the local agency adopts a
7groundwater management plan in accordance with Part 2.75
8(commencing with Section 10750) or until January 1, 2014,
9whichever occurs first.

10(f) A county that is not managing all or a part of a groundwater
11basin or subbasin pursuant to a legally enforceable groundwater
12management plan with provisions that are substantively similar to
13those described in Part 2.75 (commencing with Section 10750).

14(g) A voluntary cooperative groundwater monitoring association
15formed pursuant to Section 10935.

16begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 10933 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert

17

10933.  

(a) On or before January 1, 2012, the department shall
18commence to identify the extent of monitoring of groundwater
19elevations that is being undertaken within each basin and subbasin.

20(b) The department shall prioritize groundwater basins and
21subbasins for the purpose of implementing this sectionbegin insert and Part
222.74 (commencing with Section 10720). The department shall
23review available groundwater data and update the groundwater
24basins and subbasins in 2020 and every five years thereafterend insert
. In
25prioritizing the basins and subbasins, the department shall, to the
26extent data are available, consider all of the following:

27(1) The population overlying the basin or subbasin.

28(2) The rate of current and projected growth of the population
29overlying the basin or subbasin.

30(3) The number of public supply wells that draw from the basin
31or subbasin.

32(4) The total number of wells that draw from the basin or
33subbasin.

34(5) The irrigated acreage overlying the basin or subbasin.

35(6) The degree to which persons overlying the basin or subbasin
36rely on groundwater as their primary source of water.

37(7) Any documented impacts on the groundwater within the
38basin or subbasin, including overdraft, subsidence, saline intrusion,
39and other water quality degradation.

P23   1(8) Any other information determined to be relevant by the
2department.

3(c) If the department determines that all or part of a basin or
4subbasin is not being monitored pursuant to this part, the
5department shall do all of the following:

6(1) Attempt to contact all well owners within the area not being
7monitored.

8(2) Determine if there is an interest in establishing any of the
9following:

10(A) A groundwater management plan pursuant to Part 2.75
11(commencing with Section 10750).

12(B) An integrated regional water management plan pursuant to
13Part 2.2 (commencing with Section 10530) that includes a
14groundwater management component that complies with the
15requirements of Section 10753.7.

16(C) A voluntary groundwater monitoring association pursuant
17to Section 10935.

18(d) If the department determines that there is sufficient interest
19in establishing a plan or association described in paragraph (2) of
20subdivision (c), or if the county agrees to perform the groundwater
21monitoring functions in accordance with this part, the department
22shall work cooperatively with the interested parties to comply with
23the requirements of this part within two years.

24(e) If the department determines, with regard to a basin or
25subbasin, that there is insufficient interest in establishing a plan
26or association described in paragraph (2) of subdivision (c), and
27if the county decides not to perform the groundwater monitoring
28and reporting functions of this part, the department shall do all of
29the following:

30(1) Identify any existing monitoring wells that overlie the basin
31or subbasin that are owned or operated by the department or any
32other state or federal agency.

33(2) Determine whether the monitoring wells identified pursuant
34to paragraph (1) provide sufficient information to demonstrate
35seasonal and long-term trends in groundwater elevations.

36(3) If the department determines that the monitoring wells
37identified pursuant to paragraph (1) provide sufficient information
38to demonstrate seasonal and long-term trends in groundwater
39elevations, the department shall not perform groundwater
40monitoring functions pursuant to Section 10933.5.

P24   1(4) If the department determines that the monitoring wells
2identified pursuant to paragraph (1) provide insufficient
3information to demonstrate seasonal and long-term trends in
4groundwater elevations, the department shall perform groundwater
5monitoring functions pursuant to Section 10933.5.

6begin insert

begin insertSEC. 10.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
7this act contains costs mandated by the state, reimbursement to
8local agencies and school districts for those costs shall be made
9pursuant to Part 7 (commencing with Section 17500) of Division
104 of Title 2 of the Government Code.

end insert


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