Amended in Assembly August 6, 2014

Amended in Assembly August 4, 2014

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

(Principal coauthor: Assembly Member Dickinson)

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(Coauthor: Assembly Member Rendon)

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February 20, 2014


An act to amend Sections 65352 and 65352.5 of, and to add Section 65350.5 to, the Government Code, and to amend Sectionsbegin insert 348,end insert 1120,begin insert 1552,end insert 1831, 10927, 10933, and 12924 of, to add Sections 113, 1529.5, and 10750.1 to, 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

SB 1168, as amended, Pavley. 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-termbegin delete water supplyend delete reliability and multiple economic, social,begin delete orend deletebegin insert andend insert 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 billbegin insert, with certain exceptions,end insert would prohibit, beginning January 1, 2015, a new groundwater management plan from being adopted or an existing groundwater management plan from beingbegin delete renewed, except for a low- or very low priority basin.end deletebegin insert renewed.end insert

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 sustainabilitybegin delete plans of a groundwater sustainability agency,end deletebegin insert plans,end insert 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.begin delete 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.end delete 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 groundwaterbegin delete pumping,end deletebegin insert extraction,end insert 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 uponbegin delete completion.end deletebegin insert adoption.end insert 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 developbegin delete guidelines for evaluating groundwater sustainability plans and groundwater sustainability programs.end deletebegin insert certain guidelines.end insert This bill would authorize a local agency to submit to the department for evaluation and assessment an alternativebegin delete plan that is not a groundwater sustainability planend delete that the local agency believes satisfies the objectives of thesebegin delete 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.end deletebegin insert provisions.end insert 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.

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Existing

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begin insert(4)end insertbegin insertend insertbegin insertExistingend insert 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, forbegin insert, among other things,end insert the administration of thebegin delete board’send deletebegin insert State Water Resources Control Board’send insert water rights program.

begin insert This bill would provide that the money in the Water Rights Fund is available for expenditure, upon appropriation by the Legislature, for the purpose of state board enforcement of the provisions of this bill. end insertThis 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 Fundbegin delete for the purpose of administering the above-described provisions.end deletebegin insert by the board for this bill.end insert

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 ofbegin delete the above-described provisions.end deletebegin insert any decision or order of the board or any extraction restriction, limitation, order, or regulation adopted or issued under the provisions of this bill.end insert

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(5) Existing law, with certain exceptions, requires each person who diverts water after December 31, 1965, to file with the State Water Resources Control Board a prescribed statement of diversion and use. Existing law subjects a person to civil liability if that person fails to file, as required, a diversion and use statement for a diversion or use that occurs after January 1, 2009, tampers with any measuring device, or makes a material misstatement in connection with the filing of a diversion or use statement. Existing law provides that the making of any willful misstatement in connection with these provisions is a misdemeanor punishable as prescribed.

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begin insert

This bill would establish groundwater reporting requirements to the board or certain other entity for a person extracting groundwater in an area within a basin that is not within the management area of a groundwater sustainability agency or a probationary basin. This bill would require each report to be accompanied by a specified fee. This bill would apply the above-described criminal and civil liability provisions to a report or measuring device required by this reporting requirement. By expanding the definition of a crime, this bill would impose a state-mandated local program.

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Existing law authorizes the board or the Department of Water Resources to adopt emergency regulations providing for the filing of reports of water diversion or use that are required to be filed.

end insert
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This bill would authorize the board or the department to adopt emergency regulations providing for the filing of reports of water extraction.

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begin delete

(4)

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begin insert(6)end insert 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 orderbegin delete ofend deletebegin insert or interim plan byend insert 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.

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(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.

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(6)

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begin insert(7)end insert 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.

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(7)

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begin insert(8)end insert 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:

P7    1

SECTION 1.  

(a) The Legislature finds and declares as follows:

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

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.

12(3) Excessive groundwaterbegin delete pumpingend deletebegin insert extractionend insert can cause
13overdraft, failed wells, deteriorated water quality, environmental
14damage, and irreversible land subsidence that damages
15infrastructure and diminishes the capacity of aquifers to store water
16for the future.

P8    1(4) When properly managed, groundwater resources will help
2protect communities, farms, and the environment against prolonged
3dry periods and climate change, preserving water supplies for
4existing and potential beneficial use.

5(5) Failure to manage groundwater to prevent long-term
6overdraft infringes on groundwater rights.

7(6) Groundwater resources are most effectively managed at the
8local or regional level.

9(7) Groundwater management will not be effective unless local
10actions to sustainably manage groundwater basins and subbasins
11are taken.

12(8) Local and regional agencies need to have the necessary
13support and authority to manage groundwater sustainably.

14(9) In those circumstances where a local groundwater
15management agency is not managing its groundwater sustainably,
16the state needs to protect the resource until it is determined that a
17local groundwater management agency can sustainably manage
18the groundwater basin or subbasin.

19(10) Information on the amount of groundwater extraction,
20natural and artificial recharge, and groundwater evaluations are
21critical for effective management of groundwater.

22(11) Sustainable groundwater management in California depends
23upon creating more opportunities for robust conjunctive
24management of surface waterbegin insert and groundwaterend insert resources. Climate
25change will intensify the need to recalibrate and reconcile surface
26begin insert waterend insert and groundwater management strategies.

27(b) It is therefore the intent of the Legislature to do all of the
28following:

29(1) To provide local and regional agencies the authority to
30sustainably manage groundwater.

31(2) To provide that if no local groundwater agency or agencies
32 provide sustainable groundwater management for a groundwater
33basin or subbasin, the state has the authority to develop and
34implementbegin delete a groundwater sustainabilityend deletebegin insert an interimend insert plan until the
35time the local groundwaterbegin delete managementend deletebegin insert sustainabilityend insert agency or
36agencies can assume management of the basin or subbasin.

37(3) To require the development and reporting of those data
38necessary to support sustainable groundwater management,
39including those data that help describe the basin’s geology, the
40short- and long-term trends of the basin’s water balance, and other
P9    1measures of sustainability, and those data necessary to resolve
2disputes regarding sustainable yield, beneficial uses, and water
3rights.

4(4) To respect overlying and other proprietary rights to
5groundwater.

6

SEC. 2.  

Section 65350.5 is added to the Government Code, to
7read:

8

65350.5.  

Before the adoption or any substantial amendment
9of a city’s or county’s general plan, the planning agency shall
10review and consider all of the following:

11(a) An adoption of, or update to, a groundwater sustainability
12plan or groundwater management plan pursuant to Part 2.74
13(commencing with Section 10720) or Part 2.75 (commencing with
14Section 10750) of Division 6 of the Water Code or groundwater
15management court order, judgment, or decree.

16(b) An adjudication of water rights.

17(c) An orderbegin insert or interim planend insert by the State Water Resources
18Control Board pursuant to Chapter 11 (commencing with Section
1910735) of Part 2.74 of Division 6 of the Water Code.

20

SEC. 3.  

Section 65352 of the Government Code is amended
21to read:

22

65352.  

(a)  Before a legislative body takes action to adopt or
23substantially amend a general plan, the planning agency shall refer
24the proposed action to all of the following entities:

25(1) A city or county, within or abutting the area covered by the
26proposal, and any special district that may be significantly affected
27by the proposed action, as determined by the planning agency.

28(2) An elementary, high school, or unified school district within
29the area covered by the proposed action.

30(3) The local agency formation commission.

31(4) An areawide planning agency whose operations may be
32significantly affected by the proposed action, as determined by the
33planning agency.

34(5) A federal agency, if its operations or lands within its
35jurisdiction may be significantly affected by the proposed action,
36as determined by the planning agency.

37(6) (A) The branches of the United States Armed Forces that
38have provided the Office of Planning and Research with a
39California mailing address pursuant to subdivision (d) of Section
40 65944, if the proposed action is within 1,000 feet of a military
P10   1installation, or lies within special use airspace, or beneath a
2low-level flight path, as defined in Section 21098 of the Public
3Resources Code, and if the United States Department of Defense
4provides electronic maps of low-level flight paths, special use
5airspace, and military installations at a scale and in an electronic
6format that is acceptable to the Office of Planning and Research.

7(B) Within 30 days of a determination by the Office of Planning
8and Research that the information provided by the Department of
9Defense is sufficient and in an acceptable scale and format, the
10office shall notify cities, counties, and cities and counties of the
11availability of the information on the Internet. Cities, counties, and
12cities and counties shall comply with subparagraph (A) within 30
13days of receiving this notice from the office.

14(7) A public water system, as defined in Section 116275 of the
15Health and Safety Code, with 3,000 or more service connections,
16that serves water to customers within the area covered by the
17proposal. The public water system shall have at least 45 days to
18comment on the proposed plan, in accordance with subdivision
19(b), and to provide the planning agency with the information set
20forth in Section 65352.5.

21(8) Any groundwater sustainability agency that has adopted a
22groundwater sustainability plan pursuant to Part 2.74 (commencing
23with Section 10720) of Division 6 of the Water Code or local
24agency that otherwise manages groundwater pursuant to other
25provisions of law or a court order, judgment, or decree within the
26planning area of the proposed general plan.

27(9) The State Water Resources Control Board, if it has adopted
28an interim plan pursuant tobegin delete Part 2.74 (commencing with Section
2910720)end delete
begin insert Chapter 11 (commencing with Section 10735) of Part 2.74end insert
30 of Division 6 of the Water Code that includes territory within the
31planning area of the proposed general plan.

32(10) The Bay Area Air Quality Management District for a
33proposed action within the boundaries of the district.

34(11) A California Native American tribe, that is on the contact
35list maintained by the Native American Heritage Commission and
36that has traditional lands located within the city’s or county’s
37jurisdiction.

38(12) The Central Valley Flood Protection Board, for a proposed
39action within the boundaries of the Sacramento and San Joaquin
40Drainage District, as set forth in Section 8501 of the Water Code.

P11   1(b) An entity receiving a proposed general plan or amendment
2of a general plan pursuant to this section shall have 45 days from
3the date the referring agency mails it or delivers it to comment
4unless a longer period is specified by the planning agency.

5(c) (1) This section is directory, not mandatory, and the failure
6to refer a proposed action to the entities specified in this section
7does not affect the validity of the action, if adopted.

8(2) To the extent that the requirements of this section conflict
9with the requirements of Chapter 4.4 (commencing with Section
1065919), the requirements of Chapter 4.4 shall prevail.

11

SEC. 4.  

Section 65352.5 of the Government Code is amended
12to read:

13

65352.5.  

(a) The Legislature finds and declares that it is vital
14that there be close coordination and consultation between
15California’s water supply or management agencies and California’s
16land use approval agencies to ensure that proper water supply and
17management planning occurs to accommodate projects that will
18result in increased demands on water supplies or impact water
19resource management.

20(b) It is, therefore, the intent of the Legislature to provide a
21standardized process for determining the adequacy of existing and
22planned future water supplies to meet existing and planned future
23demands on these water supplies and the impact of land use
24decisions on the management of California’s water supply
25resources.

26(c) Upon receiving, pursuant to Section 65352, notification of
27a city’s or a county’s proposed action to adopt or substantially
28amend a general plan, a public water system, as defined in Section
29116275 of the Health and Safety Code, with 3,000 or more service
30connections, shall provide the planning agency with the following
31information, as is appropriate and relevant:

32(1) The current version of its urban water management plan,
33adopted pursuant to Part 2.6 (commencing with Section 10610)
34of Division 6 of the Water Code.

35(2) The current version of its capital improvement program or
36plan, as reported pursuant to Section 31144.73 of the Water Code.

37(3) A description of the source or sources of the total water
38supply currently available to the water supplier by water right or
39contract, taking into account historical data concerning wet, normal,
40and dry runoff years.

P12   1(4) A description of the quantity of surface water that was
2purveyed by the water supplier in each of the previous five years.

3(5) A description of the quantity of groundwater that was
4purveyed by the water supplier in each of the previous five years.

5(6) A description of all proposed additional sources of water
6supplies for the water supplier, including the estimated dates by
7which these additional sources should be available and the
8quantities of additional water supplies that are being proposed.

9(7) A description of the total number of customers currently
10served by the water supplier, as identified by the following
11categories and by the amount of water served to each category:

12(A) Agricultural users.

13(B) Commercial users.

14(C) Industrial users.

15(D) Residential users.

16(8) Quantification of the expected reduction in total water
17demand, identified by each customer category set forth in paragraph
18(7), associated with future implementation of water use reduction
19measures identified in the water supplier’s urban water
20management plan.

21(9) Any additional information that is relevant to determining
22the adequacy of existing and planned future water supplies to meet
23existing and planned future demands on these water supplies.

24(10) A report on the anticipated effect of proposed action to
25adopt or substantially amend a general plan on implementation of
26a groundwater sustainability plan pursuant to Part 2.74
27(commencing with Section 10720) of Division 6 of the Water
28Code.

29(d) Upon receiving, pursuant to Section 65352, notification of
30a city’s or a county’s proposed action to adopt or substantially
31amend a general plan, a groundwater sustainability agency, as
32defined in Sectionbegin delete 10720.5end deletebegin insert 10721end insert of the Water Code, shall provide
33the planning agency with the following information, as is
34appropriate and relevant:

35(1) The current version of its groundwater sustainability plan
36adopted pursuant to Part 2.74 (commencing with Section 10720)
37of Division 6 of the Water Code.

38(2) If the groundwater sustainability agency manages
39groundwater pursuant to a court order, judgment, decree, or
40agreement among affected water rights holders, or if the State
P13   1Water Resources Control Board has adoptedbegin delete a groundwater
2sustainabilityend delete
begin insert an interimend insert plan pursuant tobegin delete Part 2.74 (commencing
3with Section 10720)end delete
begin insert Chapter 11 (commencing with Section 10735)
4of Part 2.74end insert
of Division 6 of the Water Code, the groundwater
5sustainability agency shall provide the planning agency with maps
6of recharge basins and percolation ponds, extraction limitations,
7and other relevant information, or the court order, judgment, or
8decree.

9

SEC. 5.  

Section 113 is added to the Water Code, to read:

10

113.  

It is the policy of the state that groundwater resources be
11managed sustainably for long-termbegin delete water supplyend delete reliability and
12multiple economic, social,begin delete orend deletebegin insert andend insert environmental benefits for
13current and future beneficial uses. Sustainable groundwater
14management is best achieved locally through the development,
15implementation, and updating of plans and programs based on the
16best available science.

17begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 348 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert

18

348.  

(a) The department or the board may adopt emergency
19regulations providing for the electronic filing of reports ofbegin insert water
20extraction orend insert
water diversion or use required to be filed with the
21department or board under this code, including, but not limited to,
22any report required to be filed under Part 5.1 (commencing with
23Section 5100)begin insert or Part 5.2 (commencing with Section 5200)end insert of
24Division 2 and any report required to be filed by a water right
25permittee or licensee.

26(b) Emergency regulations adopted pursuant to this section, or
27any amendments thereto, shall be adopted by the department or
28the board in accordance with Chapter 3.5 (commencing with
29Section 11340) of Part 1 of Division 3 of Title 2 of the Government
30Code. The adoption of these regulations is an emergency and shall
31be considered by the Office of Administrative Law as necessary
32for the immediate preservation of the public peace, health, safety,
33and general welfare. Notwithstanding Chapter 3.5 (commencing
34with Section 11340) of Part 1 of Division 3 of Title 2 of the
35Government Code, any emergency regulations or amendments to
36those regulations adopted under this section shall remain in effect
37until revised by the department or the board that adopted the
38regulations or amendments.

39

begin deleteSEC. 6.end delete
40begin insertSEC. 7.end insert  

Section 1120 of the Water Code is amended to read:

P14   1

1120.  

This chapter applies to any decision or order issued under
2this part or Section 275, Part 2 (commencing with Section 1200),
3Part 2 (commencing with Section 10500) of Division 6, Chapter
411 (commencing with Section 10735) of Part 2.74 of Division 6,
5Article 7 (commencing with Section 13550) of Chapter 7 of
6Division 7, or the public trust doctrine.

7

begin deleteSEC. 7.end delete
8begin insertSEC. 8.end insert  

Section 1529.5 is added to the Water Code, to read:

9

1529.5.  

(a) The board shall adopt a schedule of fees pursuant
10to Section 1530 to recover costs incurred in administering Chapter
1111 (commencing with Section 10735) of Part 2.74 of Division 6.
12Recoverable costs include, but are not limited to, costs incurred
13in connection with investigations, facilitation, monitoring, hearings,
14enforcement, and administrative costs in carrying out these actions.

15(b) The fee schedule adopted under this section may include,
16but is not limited to, the following:

17(1) A fee for participation as a petitioner or party to an
18adjudicative proceeding.

19(2) A fee for the filing of a report pursuant to Part 5.2
20(commencing with Section 5200) of Divisionbegin delete 2 for extractions
21from a source within the boundaries of a probationary basin under
22Section 10735.2.end delete
begin insert 2.end insert

23(c) Consistent with Section 3 of Article XIII A of the California
24Constitution, the board shall set the fees under this section in an
25amount sufficient to cover all costs incurred and expended from
26the Water Rights Fund for thebegin delete purpose ofend deletebegin insert purposes of Part 5.2
27(commencing with Section 5200) andend insert
Chapter 11 (commencing
28with Section 10735) of Part 2.74 of Division 6. In setting these
29fees, the board is not required to fully recover these costs in the
30year or the year immediately after the costs are incurred, but the
31board may provide for recovery of these costs over a period of
32years.

33begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 1552 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert

34

1552.  

The money in the Water Rights Fund is available for
35expenditure, upon appropriation by the Legislature, for the
36following purposes:

37(a) For expenditure by the State Board of Equalization in the
38administration of this chapter and the Fee Collection Procedures
39Law (Part 30 (commencing with Section 55001) of Division 2 of
P15   1the Revenue and Taxation Code) in connection with any fee or
2expense subject to this chapter.

3(b) For the payment of refunds, pursuant to Part 30 (commencing
4with Section 55001) of Division 2 of the Revenue and Taxation
5Code, of fees or expenses collected pursuant to this chapter.

6(c) For expenditure by the board for the purposes of carrying
7out this division, Division 1 (commencing with Section 100), Part
82 (commencing with Section 10500)begin insert and Chapter 11 (commencing
9with Section 10735) of Part 2.74end insert
of Division 6, and Article 7
10(commencing with Section 13550) of Chapter 7 of Division 7.

11(d) For expenditures by the board for the purposes of carrying
12out Sections 13160 and 13160.1 in connection with activities
13involving hydroelectric power projects subject to licensing by the
14Federal Energy Regulatory Commission.

15(e) For expenditures by the board for the purposes of carrying
16out Sections 13140 and 13170 in connection with plans and policies
17that address the diversion or use of water.

18

begin deleteSEC. 8.end delete
19begin insertSEC. 10.end insert  

Section 1831 of the Water Code is amended to read:

20

1831.  

(a) When the board determines that any person is
21violating, or threatening to violate, any requirement described in
22subdivision (d), the board may issue an order to that person to
23cease and desist from that violation.

24(b) The cease and desist order shall require that person to comply
25forthwith or in accordance with a time schedule set by the board.

26(c) The board may issue a cease and desist order only after
27notice and an opportunity for hearing pursuant to Section 1834.

28(d) The board may issue a cease and desist order in response to
29a violation or threatened violation of any of the following:

30(1) The prohibition set forth in Section 1052 against the
31unauthorized diversion or use of water subject to this division.

32(2) Any term or condition of a permit, license, certification, or
33registration issued under this division.

34(3) Any decision or order of the board issued under this part,
35Section 275, Chapter 11 (commencing with Section 10735) of Part
362.74 of Division 6, or Article 7 (commencing with Section 13550)
37of Chapter 7 of Division 7, in which decision or order the person
38to whom the cease and desist order will be issued, or a predecessor
39in interest to that person, was named as a party directly affected
40by the decision or order.

P16   1(4) A regulation adopted under Section 1058.5.

2(5) Anybegin delete pumpingend deletebegin insert extractionend insert restriction, limitation, order, or
3regulation adopted or issued under Chapter 11 (commencing with
4Section 10735) of Part 2.74 of Division 6.

5(e) This article does not authorize the board to regulate in any
6manner, the diversion or use of water not otherwise subject to
7regulation of the board under this division or Section 275.

8

begin deleteSEC. 9.end delete
9begin insertSEC. 11.end insert  

Part 5.2 (commencing with Section 5200) is added
10to Division 2 of the Water Code, to read:

11 

12PART 5.2.  Groundwater Extraction Reporting
13for Probationary Basins and Basins Without a
14Groundwater Sustainability Agency

15

 

begin delete
16

5200.  

It is the intent of the Legislature to subsequently amend
17this measure to adopt extraction reporting requirements for basins
18identified as probationary basins pursuant to Section 10735.2, or
19as authorized by subdivision (b) of Section 10724, for basins
20without a groundwater sustainability agency.

end delete
begin insert
21

begin insert5200.end insert  

The Legislature finds and declares that this part
22establishes groundwater reporting requirements for the purposes
23of subdivision (b) of Section 10724 and Chapter 11 (commencing
24with Section 10735) of Part 2.74 of Division 6.

end insert
begin insert
25

begin insert5201.end insert  

As used in this part:

26(a) “Basin” has the same meaning as defined in Section 10721.

27(b) “Board-designated local area” has the same meaning as
28defined in Section 5009.

29(c) “De minimis extractor” has the same meaning as defined
30in Section 10721.

31(d) “Groundwater” has the same meaning as defined in Section
3210721.

33(e) “Groundwater extraction facility” has the same meaning
34as defined in Section 10721.

35(f) “Groundwater sustainability agency” has the same meaning
36as defined in Section 10721.

37(g) “Person” has the same meaning as defined in Section 10735.

38(h) “Probationary basin” has the same meaning as defined in
39Section 10735.

P17   1(i) “Personal information” has the same meaning as defined
2in Section 1798.3 of the Civil Code.

3(j) “Water year” has the same meaning as defined in Section
410721.

end insert
begin insert
5

begin insert5202.end insert  

(a) This section applies to a person who does either of
6the following:

7(1) Extracts groundwater from a probationary basin 90 days
8or more after the board designates the basin as a probationary
9basin pursuant to Section 10735.2.

10(2) Extracts groundwater on or after January 1, 2017, in an
11area within a basin that is not within the management area of a
12groundwater sustainability agency and where the county does not
13assume responsibility to be the groundwater sustainability agency,
14as provided in subdivision (b) of Section 10724.

15(b) Except as provided in subdivision (c), a person subject to
16this section shall file a report of groundwater extraction by
17December 15 of each year for extractions made in the preceding
18water year.

19(c) Unless reporting is required pursuant to paragraph (2) of
20subdivision (c) of Section 10735.2, this section does not apply to
21any of the following:

22(1) An extraction by a de minimis extractor.

23(2) An extraction excluded from reporting pursuant to paragraph
24(1) of subdivision (c) of Section 10735.2.

25(3) An extraction reported pursuant to Part 5 (commencing with
26Section 4999).

27(4) An extraction that is included in annual reports filed with
28a court or the board by a watermaster appointed by a court or
29pursuant to statute to administer a final judgment determining
30rights to water. The reports shall identify the persons who have
31extracted water and give the general place of use and the quantity
32of water that has been extracted from each source.

33(d) Except as provided in Section 5209, the report shall be filed
34with the board.

35(e) The report may be filed by the person extracting water or
36on that person’s behalf by an agency that person designates and
37that maintains a record of the water extracted.

38(f) Each report shall be accompanied by the fee imposed
39pursuant to Section 1529.5.

end insert
begin insert
P18   1

begin insert5203.end insert  

Each report shall be prepared on a form provided by
2the board. The report shall include all of the following information:

3(a) The name and address of the person who extracted
4groundwater and of the person filing the report.

5(b) The name of the basin from which groundwater was
6extracted.

7(c) The place of groundwater extraction. The location of the
8groundwater extraction facilities shall be depicted on a specific
9United States Geological Survey topographic map or shall be
10identified using the California Coordinate System or a latitude
11and longitude measurement. If assigned, the public land description
12to the nearest 40-acre subdivision and the assessor’s parcel
13number shall be provided.

14(d) The capacity of the groundwater extraction facilities.

15(e) Monthly records of groundwater extractions. The
16measurements of the extractions shall be made by a methodology,
17water-measuring device, or combination thereof satisfactory to
18the board.

19(f) The purpose of use.

20(g) A general description of the area in which the water was
21used. The location of the place of use shall be depicted on a specific
22United States Geological Survey topographic map or on any other
23maps with identifiable landmarks. If assigned, the public land
24description to the nearest 40-acre subdivision and the assessor’s
25parcel number shall also be provided.

26(h) As near as is known, the year in which the groundwater
27extraction was commenced.

28(i) Any information required pursuant to paragraph (3) of
29subdivision (c) of Section 10735.2.

30(j) Any other information that the board may require by
31regulation and that is reasonably necessary for purposes of this
32division or Part 2.74 (commencing with Section 10720) of Division
336.

end insert
begin insert
34

begin insert5204.end insert  

(a) If a person fails to file a report as required by this
35part, the board may, at the expense of that person, investigate and
36determine the information required to be reported pursuant to this
37part.

38(b) The board shall give a person described in subdivision (a)
39notice of its intention to investigate and determine the information
P19   1required to be reported pursuant to this part and 60 days in which
2to file a required report without penalty.

end insert
begin insert
3

begin insert5205.end insert  

A report submitted under this part or a determination
4of facts by the board pursuant to Section 5104 shall not establish
5or constitute evidence of a right to divert or use water.

end insert
begin insert
6

begin insert5206.end insert  

Personal information included in a report of groundwater
7extraction shall have the same protection from disclosure as is
8provided for information concerning utility customers of local
9agencies pursuant to Section 6254.16 of the Government Code.

end insert
begin insert
10

begin insert5207.end insert  

(a) A prescriptive right to extract groundwater that may
11otherwise occur shall not arise or accrue to, and a statute of
12limitations shall not operate in favor of, a person required to file
13a report pursuant to this part until the person files the report.

14(b) For purposes of establishing or maintaining a water right,
15failure to file a report required to be filed pursuant to this part
16within six months after the report is due shall be deemed equivalent
17to nonuse during the period for which the report was required.

end insert
begin insert
18

begin insert5208.end insert  

Section 5107 applies to a report or measuring device
19required pursuant to this part. For purposes of Section 5107, a
20report of groundwater extraction, measuring device, or
21misstatement required, used, or made pursuant to this part shall
22be considered the equivalent of a statement, measuring device, or
23misstatement required, used, or made pursuant to Part 5.1
24(commencing with Section 5100).

end insert
begin insert
25

begin insert5209.end insert  

For groundwater extractions in a board-designated local
26area, reports required pursuant to this part shall be submitted to
27the entity designated pursuant to subdivision (e) of Section 5009
28if both of the following occur:

29(a) The board determines that the requirements of subdivision
30(e) of Section 5009 have been satisfied with respect to extractions
31subject to reporting pursuant to this part, in addition to any
32groundwater extractions subject to Part 5 (commencing with
33Section 4999).

34(b) The designated entity has made satisfactory arrangements
35to collect and transmit to the board any fees imposed pursuant to
36paragraph (2) of subdivision (b) of Section 1529.5.

end insert
37

begin deleteSEC. 10.end delete
38begin insertSEC. 12.end insert  

Part 2.74 (commencing with Section 10720) is added
39to Division 6 of the Water Code, to read:

 

P20   1PART 2.74.  Sustainable Groundwater
2Management

3

3 

4Chapter  1. General Provisions
5

 

6

10720.  

This part shall be known, and may be cited, as the
7“Sustainable Groundwater Management Act.”

8

10720.1.  

In enacting this part, it is the intent of the Legislature
9to do all of the following:

10(a) To provide for the sustainable management of groundwater
11basins.

12(b) To enhance local management of groundwater consistent
13with rights to use or store groundwater and Section 2 of Article X
14of the California Constitution. It is the intent of the Legislature to
15preserve the security of water rights in the state to the greatest
16extent possible consistent with the sustainable management of
17groundwater.

18(c) To establish minimum standards for sustainable groundwater
19management.

20(d) To provide local groundwater agencies with the authority
21and the technical and financial assistance necessary to sustainably
22manage groundwater.

23(e) To avoid or minimize subsidence.

24(f) To improve data collection and understanding about
25groundwater.

26(g) To increase groundwater storage and remove impediments
27to recharge.

28(h) To manage groundwater basins through the actions of local
29governmental agencies to the greatest extent feasible, while
30minimizing state intervention to only when necessary to ensure
31that local agencies manage groundwater in a sustainable manner.

32

10720.3.  

(a) This part applies to all groundwater basins in the
33state.

34(b) To the extent authorized under federal or tribal law, this part
35applies to an Indian tribe and to the federal government, including,
36but not limited to, the Department of Defense.

37

10720.5.  

Groundwater management pursuant to this part shall
38be consistent with Section 2 of Article X of the California
39Constitution. Nothing in this part modifies rights or priorities to
40use or store groundwater consistent with Section 2 of Article X of
P21   1the California Constitution, except that in basins designated
2medium- or high-priority basins by the department, no extraction
3of groundwater between January 1, 2015, and the date of adoption
4of a groundwater sustainability plan pursuant to this part, whichever
5is sooner, may be used as evidence of, or to establish or defend
6against, any claim of prescription.

7

10720.7.  

begin deleteSubject to Chapter 6 (commencing with Section
810725), by end delete
begin insertBy end insertJanuary 31, 2020, all basins designated as high- or
9medium-priority basins by the department shall be managed under
10a groundwater sustainability plan or coordinated groundwater
11sustainability plans pursuant to this part. The Legislature
12encourages and authorizes basins designated as low-and very low
13priority basins by the department to be managed under groundwater
14sustainability plans pursuant to this part.

15

10720.9.  

(a) Except as provided inbegin delete Section 10733.6,end delete
16begin insert subdivision (d),end insert this part does not apply tobegin insert the following
17adjudicated areas orend insert
a local agency that conforms to the
18requirements of an adjudication of water rightsbegin delete in a groundwater
19basin or to that adjudicated basin. For purposes of this section, an
20adjudication includes an adjudication under Section 2101, an
21administrative adjudication, and an adjudication in state or federal
22court, including, but not limited to,end delete
begin insert for one ofend insert the following
23adjudicatedbegin delete groundwater basins:end deletebegin insert areas:end insert

24(1) Beaumont Basin.

25(2) Brite Basin.

26(3) Central Basin.

27(4) Chino Basin.

28(5) Cucamonga Basin.

29(6) Cummings Basin.

30(7) Goleta Basin.

31(8) Main San Gabrielbegin delete Basin: Puente Narrows.end deletebegin insert Basin.end insert

32(9) Mojave Basin Area.

33(10) Puente Basin.

34(11) Raymond Basin.

35(12) San Jacinto Basin.

36(13) Santa Margarita River Watershed.

37(14) Santa Maria Valley Basin.

38(15) Santa Paula Basin.

39(16) Scott River Stream System.

40(17) Seaside Basin.

P22   1(18) Six Basins.

2(19) Tehachapi Basin.

3(20) Upper Los Angeles River Area.

4(21) Warren Valley Basin.

5(22) West Coast Basin.

6(23) Western San Bernardino.

7(b) The Antelope Valley basin at issue in the Antelope Valley
8Groundwater Cases (Judicial Council Coordination Proceeding
9Number 4408) shall be treated as an adjudicated basin pursuant to
10this section if the superior court issues a final judgment, order, or
11decree.

begin insert

12(c) If an adjudication action has determined the rights to extract
13groundwater for only a portion of a basin, subdivisions (a) and
14(b) apply only within the area for which the adjudication action
15has determined those rights.

end insert
begin insert

16(d) The watermaster or a local agency within a basin identified
17in subdivision (a) shall do all of the following:

end insert
begin insert

18(1) By January 1, 2016, submit to the department a copy of a
19governing final judgment, or other judicial order or decree, and
20any amendments entered before January 1, 2016.

end insert
begin insert

21(2) Within 90 days of entry by a court, submit to the department
22a copy of any amendment made and entered by the court to the
23governing final judgment or other judicial order or decree on or
24after January 1, 2016.

end insert
begin insert

25(3) By January 1, 2016, and annually by January 1 of each year
26thereafter, submit to the department a report containing the
27following information for the portion of the basin subject to the
28adjudication:

end insert
begin insert

29(A) Groundwater elevation data.

end insert
begin insert

30(B) Annual aggregated data identifying groundwater extraction
31for the preceding water year.

end insert
begin insert

32(C) Surface water supply used for or available for use for
33groundwater recharge or in-lieu use.

end insert
begin insert

34(D) Total water use.

end insert
begin insert

35(E) Change in groundwater storage.

end insert

36 

37Chapter  2. Definitions
38

 

39

10721.  

Unless the context otherwise requires, the following
40definitions govern the construction of this part:

P23   1(a) “Adjudication action” means an action filed in the superior
2begin insert or federal districtend insert court to determine the rights to extract
3groundwater from a basin or store water within a basin, including,
4but not limited to, actions to quiet title respecting rights to extract
5or store groundwater or an action brought to impose a physical
6solution on a basin.

7(b) “Basin” means a groundwater basin or subbasin identified
8and defined in Bulletin 118 or as modified pursuant to Chapter 3
9(commencing with Section 10722).

10(c) “Bulletin 118” means the department’s report entitled
11“California’s Groundwater: Bulletin 118” updated in 2003, as it
12may be subsequently updated or revised in accordance with Section
1312924.

14(d) “Coordination agreement” means a legal agreement adopted
15between two or more groundwater sustainability agencies that
16provides the basis for coordinating multiple agencies or
17groundwater sustainability plans within a basin pursuant to this
18part.

19(e) “Debegin delete minimusend deletebegin insert minimisend insert extractor” means a person who
20extracts, for domestic purposes, two acre-feet or less per year.

21(f) “Governing body” means the legislative body of a
22groundwater sustainability agency.

23(g) “Groundwater” means water beneath the surface of the earth
24within the zone below the water table in which the soil is
25completely saturated with water, but does not include water that
26flows in known and definite channels.

27(h) “Groundwater extraction facility” means a device or method
28for extracting groundwater from within a basin.

29(i) “Groundwater recharge” means the augmentation of
30groundwater, by natural or artificial means.

31(j) “Groundwater sustainability agency” means one or more
32local agencies that implement the provisions of this part. For
33purposes of imposing fees pursuant to Chapter 8 (commencing
34with Section 10730) or taking action to enforce a groundwater
35sustainability plan, “groundwater sustainability agency” also means
36each local agency comprising the groundwater sustainability
37agency if the plan authorizes separate agency action.

38(k) “Groundwater sustainability plan” or “plan” means a plan
39of a groundwater sustainability agency proposed or adopted
40pursuant to this part.

P24   1(l) “Groundwater sustainability program” means a coordinated
2and ongoing activity undertaken to benefit a basin, pursuant to a
3groundwater sustainability plan.

4(m) “Local agency” means a local public agency that has water
5supply, water management, or land use responsibilities within a
6groundwater basin.

7(n) “Operator” means a person operating a groundwater
8extraction facility. The owner of a groundwater extraction facility
9shall be conclusively presumed to be the operator unless a
10satisfactory showing is made to the governing body of the
11groundwater sustainability agency that the groundwater extraction
12facility actually is operated by some other person.

13(o) “Owner” means a person owning a groundwater extraction
14facility or an interest in a groundwater extraction facility other
15than a lien to secure the payment of a debt or other obligation.

16(p) “Planning and implementation horizon” means a 50-year
17time period over which a groundwater sustainability agency
18determines that plans and measures will be implemented in a basin
19to ensure that the basin is operated within its sustainable yield.

20(q) “Public water system” has the same meaning as defined in
21Section 116275 of the Health and Safety Code.

22(r) “Recharge area” means the area that supplies water to an
23aquifer in a groundwater basin.

24(s) “Sustainability goal” means the existence and implementation
25of one or more groundwater sustainability plans that achieve
26sustainable groundwater management by identifying and causing
27the implementation of measures targeted to ensure that the
28applicable basin is operated within its sustainable yield.

29(t) “Sustainable groundwater management” means the
30management and use of groundwater in a manner that can be
31maintained during the planning and implementation horizon
32without causing undesirable results.

33(u) “Sustainable yield” means the maximum quantity of water,
34calculated over a base period representative of long-term conditions
35in the basin and including any temporary surplus, that can be
36withdrawn annually from a groundwater supply without causing
37an undesirable result.

38(v) “Undesirable result” means one or more of the following
39effectsbegin delete occurring after January 1, 2015, andend delete caused by groundwater
40conditions occurring throughout the basin:

P25   1(1) Chronic lowering of groundwater levels indicating a
2significant and unreasonable depletion of supply if continued over
3the planning and implementationbegin delete horizon, excluding lowering
4groundwater levels caused by a drought.end delete
begin insert horizon. Overdraft during
5a period of drought is not sufficient to establish a chronic lowering
6of groundwater levels if extractions and recharge are managed
7as necessary to ensure that reductions in groundwater levels or
8storage during a period of drought are offset by increases in
9groundwater levels or storage during other periods.end insert

10(2) Significant and unreasonable reduction of groundwater
11storage.

12(3) Significant seawater intrusion.

13(4) Significant and unreasonable degraded water quality,
14including the migration of contaminant plumes that impair water
15supplies.

16(5) Significant land subsidence that substantially interferes with
17surface land uses.

18(6) Surface water depletions that have significant adverse
19impacts on beneficial uses.

20(w) “Water budget” means an accounting of the total
21groundwater and surface water entering and leaving a basin
22including the changes in the amount of water stored.

23(x) “Watermaster” means a watermaster appointed by a court
24or pursuant to other law.

25(y) “Water year” means the period from October 1 through the
26following September 30, inclusive.

27(z) “Wellhead protection area” means the surface and subsurface
28area surrounding a water well or well field that supplies a public
29water system through which contaminants are reasonably likely
30to migrate toward the water well or well field.

31 

32Chapter  3. Basin Boundaries
33

 

34

10722.  

Unless other basin boundaries are established pursuant
35to this chapter, a basin’s boundaries shall be as identified in
36Bulletin 118.

37

10722.2.  

(a) A local agency may request that the department
38revise the boundaries of a basin, including the establishment of
39new subbasins. A local agency’s request shall be supported by the
40following information:

P26   1(1) Information demonstrating that the proposed adjusted basin
2can be the subject of sustainable groundwater management.

3(2) Technical information regarding the boundaries of, and
4conditions in, the proposed adjusted basin.

5(3) Information demonstrating that the entity proposing the
6basin boundary adjustment consulted with interested local agencies
7and public water systems in the affected basins before filing the
8proposal with the department.

9(4) Other information the department deems necessary to justify
10revision of the basin’s boundary.

11(b) By January 1, 2016, the department shall develop and publish
12guidelines regarding the information required to comply with
13subdivision (a). The guidelines required pursuant to this subdivision
14are exempt from Chapter 3.5 (commencing with Section 11340)
15of Part 1 of Division 3 of Title 2 of the Government Code.

16(c) The department shall provide a copy of its draft revision of
17a basin’s boundaries to the California Water Commission. The
18California Water Commission shall hear and comment on the draft
19revision within 60 days after the department provides the draft
20revision to the commission.

21

10722.4.  

(a) Pursuant to Section 10933, for the purposes of
22this part the department shall categorize each basin as one of the
23following priorities:

24(1) High priority.

25(2) Medium priority.

26(3) Low priority.

27(4) Very low priority.

28(b) The initial priority for each basin shall be established by the
29department pursuant to Section 10933 no later than January 1,
302017.

begin insert

31(c) Anytime the department updates Bulletin 118 boundaries
32pursuant to subdivision (b) of Section 12924, the department shall
33reassess the prioritization pursuant to Section 10933.

end insert
begin insert

34(d) Anytime the department changes the basin priorities pursuant
35to Section 10933, if a basin is elevated to a medium or high priority
36basin after January 1, 2015, a local agency shall have two years
37from the date of reprioritization to establish a groundwater
38sustainability agency pursuant to Chapter 4 (commencing with
39Section 10723) and five years from the date of reprioritization to
P27   1adopt a groundwater sustainability plan pursuant to Chapter 6
2(commencing with Section 10727).

end insert

3 

4Chapter  4. Establishing Groundwater Sustainability
5Agencies
6

 

7

10723.  

(a) Any local agency or combination of local agencies
8may elect to be a groundwater sustainability agency.

9(b) Before electing to be a groundwater sustainability agency,
10and after publication of notice pursuant to Section 6066 of the
11Government Code, the local agency or agencies shall hold a public
12hearing in the county or counties overlying the basin.

13

10723.2.  

The groundwater sustainability agency shall consider
14the interests of all beneficial uses and users of groundwater, as
15well as those responsible for implementing groundwater
16sustainability plans. These interests include, but are not limited to,
17all of the following:

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

19(1) Agricultural users.

20(2) Domestic well owners.

21(b) Municipal well operators.

22(c) Public water systems.

23(d) Local land use planning agencies.

24(e) Environmental users of groundwater.

25(f) Surface water users, if there is a hydrologic connection
26between surface and groundwater bodies.

27(g) The federal government, including, but not limited to, the
28military and managers of federal lands.

29(h) begin deleteIndian end deletebegin insertCalifornia Native American end inserttribes.

30

10723.4.  

The groundwater sustainability agency shall establish
31and maintain a list of persons interested in receiving notices
32regarding plan preparation, meeting announcements, and
33availability of draft plans, maps, and other relevant documents.
34Any person may request, in writing, to be placed on the list of
35interested persons.

36

10723.6.  

A combination of local agencies may form a
37groundwater sustainability agency by using any of the following
38methods:

39(a) A joint powers agreement.

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

P28   1

10723.8.  

Within 30 days of electing to be or forming a
2groundwater sustainability agency, the groundwater sustainability
3agency shall inform the department of its election or formation
4and its intent to undertake sustainable groundwater management.
5The notification shall include the following information, as
6applicable:

7(a) The service area boundaries, the basin the agency is
8managing, and the other groundwater sustainability agencies
9operating within the basin.

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

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

12

10724.  

(a) In the event that there is an area within a basin that
13is not within the management area of a groundwater sustainability
14agency, the county within which that unmanaged area lies will be
15presumed to be the groundwater sustainability agency for that area.

16(b) A county described in subdivision (a) shall provide
17notification to the department pursuant to Section 10723.8 unless
18the county notifies the department that it will not be the
19groundwater sustainability agency for the area. Extractions of
20groundwater madebegin delete after 2016end deletebegin insert on or after January 1, 2017,end insert in that
21area shall be subject to reporting in accordance with Part 5.2
22(commencing with Section 5200) of Division 2 if the county does
23either of the following:

24(1) Notifies the department that it will not be the groundwater
25sustainability agency for an area.

26(2) Fails to provide notification to the department pursuant to
27Section 10723.8 for an area on or before January 1, 2017.

28 

29Chapter  5. Powers and Authorities
30

 

31

10725.  

(a) A groundwater sustainability agency may exercise
32any of the powers described in this chapter in implementing this
33part, in addition to, and not as a limitation on, any existing
34authority, if the groundwater sustainability agency adopts and
35submits to the department a groundwater sustainability plan or
36prescribed alternative documentation in accordance with Section
3710733.6.

38(b) A groundwater sustainability agency has and may use the
39powers in this chapter to provide the maximum degree of local
P29   1control and flexibility consistent with the sustainability goals of
2this part.

3

10725.2.  

(a) A groundwater sustainability agency may perform
4any act necessary or proper to carry out the purposes of this part.

5(b) A groundwater sustainability agency may adopt rules,
6regulations, ordinances, and resolutions for the purpose of this
7part, in compliance with any procedural requirements applicable
8to the adoption of a rule, regulation, ordinance, or resolution by
9the groundwater sustainability agency.

10(c) In addition to any other applicable procedural requirements,
11the groundwater sustainability agency shall provide notice of the
12proposed adoption of the groundwater sustainability plan on its
13Internet Web site and provide for electronic notice to any person
14who requests electronic notification.

15

10725.4.  

(a) A groundwater sustainability agency may conduct
16an investigation for the purposes of this part, including, but not
17limited to, investigations for the following:

18(1) To determine the need for groundwater management.

19(2) To prepare and adopt a groundwater sustainability plan and
20implementing rules and regulations.

21(3) To propose and update fees.

22(4) To monitor compliance and enforcement.

23(b) An investigation may include surface waters and surface
24water rights as well as groundwater and groundwater rights.

25(c) In connection with an investigation, a groundwater
26sustainability agency may inspect the property or facilities of a
27person or entity to ascertain whether the purposes of this part are
28being met and compliance with this part. The local agency may
29conduct an inspection pursuant to this section upon obtaining any
30necessary consent or obtaining an inspection warrant pursuant to
31the procedure set forth in Title 13 (commencing with Section
321822.50) of Part 3 of the Code of Civil Procedure.

33

10725.6.  

A groundwater sustainability agency may require
34registration of a groundwater extraction facility within the
35management area of the groundwater sustainability agency.

36

10725.8.  

(a) A groundwater sustainability agency may require
37through its groundwater sustainability plan that the use of every
38groundwater extraction facility within the management area of the
39groundwater sustainability agency be measured by a
P30   1water-measuring device satisfactory to the groundwater
2sustainability agency.

3(b) All costs associated with the purchase and installation of
4the water-measuring device shall be borne by the owner or operator
5of each groundwater extraction facility. The water measuring
6devices shall be installed by the groundwater sustainability agency
7or, at the groundwater sustainability agency’s option, by the owner
8or operator of the groundwater extraction facility. Water-measuring
9devices shall be calibrated on a reasonable schedule as may be
10determined by the groundwater sustainability agency.

11(c) A groundwater sustainability agency may require, through
12its groundwater sustainability plan, that the owner or operator of
13a groundwater extraction facility within the groundwater
14sustainability agency file an annual statement with the groundwater
15sustainability agency setting forth the total extraction in acre-feet
16of groundwater from the facility during the previous water year.

17(d) In addition to the measurement of groundwater extractions
18pursuant to subdivision (a), a groundwater sustainability agency
19may use any other reasonable method to determine groundwater
20extraction.

21(e) This section does not apply to debegin delete minimusend deletebegin insert minimisend insert extractors.

22

10726.  

An entity within the area of a groundwater sustainability
23plan shall only divert surface water to underground storage
24consistent with the plan and shall report the diversion to
25underground storage to the groundwater sustainability agency for
26the relevant portion of the basin.

27

10726.2.  

A groundwater sustainability agency may do the
28following:

29(a) Acquire by grant, purchase, lease, gift, devise, contract,
30construction, or otherwise, and hold, use, enjoy, sell, let, and
31dispose of, real and personal property of every kind, including
32lands, water rights, structures, buildings, rights-of-way, easements,
33and privileges, and construct, maintain, alter, and operate any and
34all works or improvements, within or outside the agency, necessary
35or proper to carry out any of the purposes of this part.

36(b) Appropriate and acquire surface water or groundwater and
37surface water or groundwater rights, import surface water or
38 groundwater into the agency, and conserve and store within or
39outside the agency that water for any purpose necessary or proper
40to carry out the provisions of this part, including, but not limited
P31   1to, the spreading, storing, retaining, or percolating into the soil of
2the waters for subsequent use or in a manner consistent with the
3provisions of Section 10727.2. As part of this authority, the agency
4may validate an existing groundwater conjunctive use or storage
5program upon a finding that the program would aid or assist the
6agency in developing or implementing a groundwater sustainability
7plan.

8(c) Provide for a program of voluntary fallowing of agricultural
9lands or validate an existing program.

10(d) Perform any acts necessary or proper to enable the agency
11to purchase, transfer, deliver, or exchange water or water rights of
12any type with any person that may be necessary or proper to carry
13out any of the purposes of this part, including, but not limited to,
14providing surface water in exchange for a groundwater extractor’s
15agreement to reduce or cease groundwater extractions. The agency
16shall not deliver retail water supplies within the service area of a
17public water system without either the consent of that system or
18authority under the agency’s existing authorities.

19(e) Transport, reclaim, purify, desalinate, treat, or otherwise
20manage and control polluted water, wastewater, or other waters
21for subsequent use in a manner that is necessary or proper to carry
22out the purposes of this part.

23(f) Commence, maintain, intervene in, defend, compromise,
24and assume the cost and expenses of any and all actions and
25proceedings.

26

10726.4.  

(a) A groundwater sustainability agency shall have
27the following additional authority and may regulate groundwater
28begin delete pumpingend deletebegin insert extractionend insert using that authority:

29(1) To impose spacing requirements on new groundwater well
30construction to minimize well interference and impose reasonable
31operating regulations on existing groundwater wells to minimize
32 well interference, including requiringbegin delete pumpersend deletebegin insert extractorsend insert to operate
33on a rotation basis.

34(2) To control groundwater extractions by regulating, limiting,
35or suspending extractions from individual groundwater wells or
36extractions from groundwater wells in the aggregate,begin delete theend delete
37 construction of new groundwater wells,begin delete the enlargingend deletebegin insert enlargementend insert
38 of existing groundwater wells,begin delete theend deletebegin insert orend insert reactivation of abandoned
39groundwater wells, or otherwise establishing groundwater
40extraction allocations. A limitation on extractions by a groundwater
P32   1sustainability agency shall not be construed to be a final
2determination of rights to extract groundwater from the basin or
3any portion of the basin.

4(3) To authorize temporary and permanent transfers of
5groundwater extraction allocations within the agency’s boundaries,
6if the total quantity of groundwater extracted in any water year is
7consistent with the provisions of the groundwater sustainability
8plan.

9(4) To establish accounting rules to allow unused groundwater
10extraction allocations issued by the agency to be carried over from
11one year to another and voluntarily transferred, if the total quantity
12of groundwater extracted in any five-year period is consistent with
13the provisions of the groundwater sustainability plan.

begin delete

14(b) Nothing in this section shall be construed to grant a
15groundwater sustainability agency the authority to issue permits
16for the construction, modification, or abandonment of groundwater
17wells. A county may authorize a groundwater sustainability agency
18to issue permits for the construction, modification, or abandonment
19of groundwater wells.

end delete
begin insert

20(b) This section does not authorize a groundwater sustainability
21agency to issue permits for the construction, modification, or
22abandonment of groundwater wells, except as authorized by a
23county with authority to issue those permits.

end insert
24

10726.6.  

(a) A groundwater sustainability agency that adopts
25a groundwater sustainability plan may file an action to determine
26the validity of the plan pursuant to Chapter 9 (commencing with
27Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

28(b) Subject to Sections 394 and 397 of the Code of Civil
29Procedure, the venue for an action pursuant to this section shall
30be the county in which the principal office of the groundwater
31management agency is located.

32(c) Any judicial action or proceeding to attack, review, set aside,
33void, or annul the ordinance or resolution imposing a new, or
34increasing an existing, fee imposed pursuant to Section 10730,
3510730.2, or 10730.4 shall be brought pursuant to Section 66022
36of the Government Code.

37(d) Any person may pay a fee imposed pursuant to Section
3810730, 10730.2, or 10730.4 under protest and bring an action
39against the governing body in the superior court to recover any
40money that the governing body refuses to refund. Payments made
P33   1and actions brought under this section shall be made and brought
2in the manner provided for the payment of taxes under protest and
3actions for refund of that payment in Article 2 (commencing with
4Section 5140) of Chapter 5 of Part 9 of Division 1 of the Revenue
5and Taxation Code, as applicable.

6(e) Except as otherwise provided in this section, actions by a
7groundwater sustainability agency are subject to judicial review
8pursuant to Section 1085 of the Code of Civil Procedure.

9

10726.8.  

(a) This part is in addition to, and not a limitation
10on, the authority granted to a local agency under any other law.
11The local agency may use the local agency’s authority under any
12other law to apply and enforce any requirements of this part,
13including, but not limited to, the collection of fees.

14(b) Nothing in this part is a limitation on the authority of the
15board, the department, or the State Department of Public Health.

16(c) This part does not authorize a local agency to impose any
17requirement or impose any penalty or fee on the state or any
18agency, department, or officer of the state. State agencies and
19departments shall work cooperatively with a local agency on a
20 voluntary basis.

21 

22Chapter  6. Groundwater Sustainability Plans
23

 

24

10727.  

(a) A groundwater sustainability plan shall be
25developed and implemented for each medium- or high-priority
26basin by a groundwater sustainability agency to meet the
27sustainability goal established pursuant to this part. The
28groundwater sustainability plan may incorporate, extend, or be
29based on a plan adopted pursuant to Part 2.75 (commencing with
30Section 10750).

31(b) A groundwater sustainability plan may be any of the
32following:

33(1) A single plan covering the entire basin developed and
34implemented by one groundwater sustainability agency.

35(2) A single plan covering the entire basin developed and
36implemented by multiple groundwater sustainability agencies.

37(3) Subject to Section 10727.6, multiple plans implemented by
38multiple groundwater sustainability agencies and coordinated
39pursuant to a single coordination agreement that covers the entire
40basin.

P34   1

10727.2.  

A groundwater sustainability plan shall include all
2of the following:

3(a) A description of the physical setting and characteristics of
4the aquifer system underlying the basin that includes the following:

5(1) Historical data, to the extent available.

6(2) Groundwater levels, groundwater quality, subsidence, and
7groundwater-surface water interaction.

8(3) A general discussion of historical and projected water
9demands and supplies.

10(4) A map that details the area of the basin and the boundaries
11of the groundwater sustainability agencies that overlie the basin
12that have or are developing groundwater sustainability plans.

13(5) A map identifying existing and potential recharge areas for
14the basin. The map or maps shall identify the existing recharge
15areas that substantially contribute to the replenishment of the
16groundwater basin. The map or maps shall be provided to the
17appropriate local planning agencies after adoption of the
18groundwater sustainability plan.

19(b) (1) Measurable objectives, as well as interim milestones in
20increments of five years, to achieve the sustainability goal in the
21basin within 20 years of the implementation of the plan.

22(2) A description of how the plan helps meet each objective and
23how each objective is intended to achieve the sustainability goal
24for the basin for long-term beneficial uses of groundwater.

25(3) begin insert(A)end insertbegin insertend insertNotwithstanding paragraph (1), at the request of the
26groundwater sustainability agency, the department may grant an
27extension of up tobegin delete 10end deletebegin insert 5end insert years beyond the 20-year sustainability
28timeframe upon a showing of good cause.begin insert The department may
29grant a second extension of up to five years upon a showing of
30good cause if the groundwater sustainability agency has begun
31implementation of the work plan described in clause (iii) of
32subparagraph (B).end insert

begin insert

33(B) The department may grant an extension pursuant to this
34paragraph if the groundwater sustainability agency does all of the
35following:

end insert
begin insert

36(i) Demonstrates a need for an extension.

end insert
begin insert

37(ii) Has made progress toward meeting the sustainability goal
38as demonstrated by its progress at achieving the milestones
39identified in its groundwater sustainability plan.

end insert
begin insert

P35   1(iii) Adopts a feasible work plan for meeting the sustainability
2goal during the extension period.

end insert
begin insert

3(4) The plan may, but is not required to, address undesirable
4results that occurred before, and have not been corrected by,
5January 1, 2015. Notwithstanding paragraphs (1) to (3), inclusive,
6a groundwater sustainability agency has discretion as to whether
7to set measurable objectives and the timeframes for achieving any
8objectives for undesirable results that occurred before, and have
9not been corrected by, January 1, 2015.

end insert

10(c) A planning and implementationbegin delete horizon of 50 years.end deletebegin insert horizon.end insert

11(d) Components relating to the following, as applicable to the
12basin:

13(1) The monitoring and management of groundwater levels
14within the basin.

15(2) The monitoring and management of groundwater quality,
16groundwater quality degradation, inelastic land surface subsidence,
17and changes in surface flow and surface water quality that directly
18affect groundwater levels or quality or are caused by groundwater
19begin delete pumpingend deletebegin insert extractionend insert in the basin.

20(3) Mitigation of overdraft.

21(4) How recharge areas identified in the plan substantially
22contribute to the replenishment of the basin.

23(e) A summary of the type of monitoring sites, type of
24measurements, and the frequency of monitoring for each location
25monitoring groundwater levels, groundwater quality, subsidence,
26streamflow, precipitation, evaporation, and tidal influence. The
27plan shall include a summary of monitoring information such as
28well depth, screened intervals, and aquifer zones monitored, and
29a summary of the type of well relied on for the information,
30including public, irrigation, domestic, industrial, and monitoring
31wells.

32(f) Monitoring protocols that are designed to detect changes in
33 groundwater levels, groundwater quality, inelastic surface
34subsidence for basins for which subsidence has been identified as
35a potential problem, and flow and quality of surface water that
36directly affect groundwater levels or quality or are caused by
37groundwaterbegin delete pumpingend deletebegin insert extractionend insert in the basin. The monitoring
38protocols shall be designed to generate information that promotes
39efficient and effective groundwater management.

begin insert

P36   1(g) A description of the various adopted water resources-related
2plans and programs within the basin and an assessment of how
3the groundwater sustainability plan may affect those plans.

end insert
4

10727.4.  

In addition to the requirements of Section 10727.2,
5a groundwater sustainability plan shall include, where appropriate
6and in collaboration with the appropriate local agencies, all of the
7following:

8(a) Control of saline water intrusion.

9(b) Wellhead protection areas and recharge areas.

10(c) Migration of contaminated groundwater.

11(d) A well abandonment and well destruction program.

12(e) Replenishment of groundwater extractions.

13(f) Activities implementing, opportunities for, and impediments
14to, conjunctive use.

15(g) Well construction policies.

16(h) Measures addressing groundwater contamination cleanup,
17recharge, diversions to storage, conservation, water recycling,
18conveyance, and extraction projects.

19(i) Efficient water management practices, as defined in Section
2010902, for the delivery of water and water conservation methods
21to improve the efficiency of water use.

22(j) Efforts to develop relationships with state and federal
23regulatory agencies.

24(k) Processes to review land use plans and efforts to coordinate
25with land use planning agencies to assess activities that potentially
26create risks to groundwater quality or quantity.

begin insert

27(l) Impacts on groundwater dependent ecosystems.

end insert
28

10727.6.  

Groundwater sustainability agencies intending to
29develop and implement multiple groundwater sustainability plans
30pursuant to paragraph (3) of subdivision (b) of Section 10727 shall
31coordinate with other agencies preparing a groundwater
32sustainability plan within the basin to ensure that the plans utilize
33the same databegin insert and methodologiesend insert for the following assumptions
34in developing the plan:

35(a) Groundwater elevation data.

36(b) Groundwater extraction data.

37(c) Surface water supply.

38(d) Total water use.

39(e) Change in groundwater storage.

40(f) Water budget.

P37   1(g) Sustainable yield.

2

10727.8.  

Prior to initiating the development of a groundwater
3sustainability plan, the groundwater sustainability agency shall
4make available to the public and the department a written statement
5describing the manner in which interested parties may participate
6in the development and implementation of the groundwater
7sustainability plan.begin insert The groundwater sustainability agency shall
8provide the written statement to the legislative body of any city,
9county, or city and county located within the geographic area to
10be covered by the plan.end insert
The groundwater sustainability agency
11may appoint and consult with an advisory committee consisting
12of interested parties for the purposes of developing and
13implementing a groundwater sustainability plan. The groundwater
14sustainability agency shall encourage the active involvement of
15diverse social, cultural, and economic elements of the population
16within the groundwater basin prior to and during the development
17and implementation of the groundwater sustainability plan.

begin delete
18

10728.  

(a) Except as provided in subdivision (b), a
19groundwater sustainability agency shall certify that its plan
20complies with this part no later than January 31, 2020, and every
21five years thereafter. A groundwater sustainability agency shall
22submit this certification to the department within 30 days of the
23certification.

24(b) (1) The department may review the submissions made
25pursuant to this section and Section 10733.6 and may request the
26supporting information on which the certification pursuant to
27subdivision (a) relied upon or the other documentation relied upon
28pursuant to subdivision (b) of Section 10733.6. The department
29may issue findings concerning the validity of the certification or
30other submission.

31(2) Before issuing findings pursuant to paragraph (1), the
32department shall transmit a draft of its findings to the submitting
33agency and shall consult with that agency. The submitting agency
34may submit a response to the department within 60 days of
35receiving the department’s draft findings.

36(3) If the department’s findings issued pursuant to paragraph
37(1) concern the compliance of a plan with requirements for
38sustainable groundwater management or the operation of a basin
39consistent with the basin’s sustainable yield, the submitting agency,
P38   1within 90 days of receipt, shall consider amendments to its plan
2or technical analysis to address the department’s findings.

end delete
begin insert
3

begin insert10728.end insert  

On the January 1 following the adoption of a
4groundwater sustainability plan and annually on each January 1
5thereafter, a groundwater sustainability agency shall submit a
6report to the department containing the following information
7about the basin managed in the groundwater sustainability plan:

8(a) Groundwater elevation data.

9(b) Annual aggregated data identifying groundwater extraction
10for the preceding water year.

11(c) Surface water supply used for or available for use for
12groundwater recharge or in-lieu use.

13(d) Total water use.

14(e) Change in groundwater storage.

end insert
15

10728.2.  

A groundwater sustainability agency shall periodically
16evaluate its groundwater sustainability plan, assess changing
17conditions in the basin that may warrant modification of the plan
18or management objectives, and may adjust components in the plan.
19An evaluation of the plan shall focus on determining whether the
20actions under the plan are meeting the plan’s management
21objectives and whether those objectives are meeting the
22sustainability goal in the basin.

23

10728.4.  

A groundwater sustainability agency may adopt or
24amend a groundwater sustainability planbegin delete if the groundwater
25sustainability agency holds a public hearing and more than 90 days
26have passed since the groundwater sustainability agency providedend delete

27begin insert after a public hearing, held at least 90 days after providingend insert notice
28to a city or county within the area of the proposed plan or
29amendment. The groundwater sustainability agency shall obtain
30comments from any city or county that receives notice pursuant
31to this section and shall consult with a city or county that requests
32 consultation within 30 days of receipt of the notice. Nothing in
33this section is intended to preclude an agency and a city or county
34from otherwise consulting or commenting regarding the adoption
35or amendment of a plan.

begin insert
36

begin insert10728.6.end insert  

Division 13 (commencing with Section 21000) of the
37Public Resources Code does not apply to the preparation and
38adoption of plans pursuant to this chapter. Nothing in this part
39shall be interpreted as exempting from Division 13 (commencing
40with Section 21000) of the Public Resources Code a project that
P39   1would implement actions taken pursuant to a plan adopted
2pursuant to this chapter or a project that would significantly affect
3water supplies for fish and wildlife.

end insert

4 

5Chapter  7. Technical Assistance
6

 

7

10729.  

(a) The department or a groundwater sustainability
8agency may provide technical assistance to entities that extract or
9use groundwater to promote water conservation and protect
10groundwater resources.

11(b) The department may provide technical assistance to any
12groundwater sustainability agency in response to that agency’s
13request for assistance in the development and implementation of
14a groundwater sustainability plan. The department shall use its
15best efforts to provide the requested assistance.

16(c) (1) By January 1, 2017, the department shall publish on its
17Internet Web site best management practices for the sustainable
18management of groundwater.

19(2) The department shall develop the best management practices
20through a public process involving one public meeting conducted
21at a location in northern California, one public meeting conducted
22at a location in the San Joaquin Valley, one public meeting
23conducted at a location in southern California, and one public
24meeting of the California Water Commission.

25 

26Chapter  8. Financial Authority
27

 

28

10730.  

(a) A groundwater sustainability agency may impose
29fees, including, but not limited to, permit fees and fees on
30groundwater extraction or other regulated activity, to fund the costs
31of a groundwater sustainability program, including, but not limited
32to, preparation, adoption, and amendment of a groundwater
33sustainability plan, andbegin delete program administration,end delete investigations,
34inspections, compliance assistance,begin delete and enforcement.end deletebegin insert enforcement,
35and program administration, including a prudent reserve.end insert
A
36groundwater sustainability agency shall not impose a fee pursuant
37to this subdivision on a debegin delete minimusend deletebegin insert minimisend insert extractor unless the
38agency has regulated the users pursuant to this part.

39(b) (1) Prior to imposing or increasing a fee, a groundwater
40sustainability agency shall hold at least onebegin delete open andend delete public
P40   1meeting, at which oral or written presentations may be made as
2part of the meeting.

3(2) Notice of the time and place of the meeting shall include a
4general explanation of the matter to be considered and a statement
5that the data required by this section is available. The notice shall
6bebegin delete mailed at least 14 days prior to the meeting to each record owner
7of property within the basinend delete
begin insert provided by publication pursuant to
8Section 6066 of the Government Code, by posting notice on the
9Internet Web site of the groundwater sustainability agency,end insert
and
10begin insert by mailend insert to any interested party who files a written request with the
11agency for mailed notice of the meeting on new or increased fees.
12A written request for mailed notices shall be valid for one year
13from the date that the request is made and may be renewed by
14making a written request on or before April 1 of each year.

15(3) At least 10 days prior to the meeting, the groundwater
16sustainability agency shall make available to the public data upon
17which the proposed fee is based.

18(c) Any action by a groundwater sustainability agency to impose
19or increase a fee shall be taken only by ordinance or resolution.

20(d) (1) As an alternative method for the collection of fees
21imposed pursuant to this section, a groundwaterbegin delete managementend delete
22begin insert sustainabilityend insert agency may adopt a resolution requesting collection
23of the fees in the same manner as ordinary municipal ad valorem
24taxes.

25(2) A resolution described in paragraph (1) shall be adopted and
26furnished to the county auditor-controller and board of supervisors
27on or before August 1 of each year that the alternative collection
28of the fees is being requested. The resolution shall include a list
29of parcels and the amount to be collect for each parcel.

30(e) The power granted by this section is in addition to any
31powers a groundwater sustainability agency has under any other
32law.

33

10730.2.  

(a) A groundwater sustainability agency that adopts
34a groundwater sustainability plan pursuant to this part may impose
35fees on the extraction of groundwater from the basin to fund costs
36of groundwater management, including, but not limited to, the
37costs of the following:

38(1) Administration, operation,begin delete maintenance, and acquisition of
39lands or other property, facilities, and services.end delete
begin insert and maintenance,
40including a prudent reserve.end insert

begin insert

P41   1(2) Acquisition of lands or other property, facilities, and
2services.

end insert
begin delete

3(2)

end delete

4begin insert(3)end insert Supply, production, treatment, or distribution of water.

begin delete

5(3)

end delete

6begin insert(4)end insert Other activities necessary or convenient to implement the
7plan.

8(b) begin deleteFees may be implemented pursuant to Part 2.75
9(commencing with Section 10750) end delete
begin insertUntil a groundwater
10sustainability plan is adopted pursuant to this part, a local agency
11may impose fees end insert
in accordance with the procedures provided in
12this sectionbegin insert for the purposes of Part 2.75 (commencing with Section
1310750) as long as a groundwater management plan adopted before
14January 1, 2015, is in effect for the basinend insert
.

15(c) Fees imposed pursuant to this section shall be adopted in
16accordance with subdivisions (a) and (b) of Section 6 of Article
17XIII D of the California Constitution.

18(d) Fees imposed pursuant to this section may include fixed fees
19and fees charged on a volumetric basis, including, but not limited
20to, fees that increase based on the quantity of groundwater produced
21annually, the year in which the production of groundwater
22commenced from a groundwater extraction facility, and impacts
23to the basin.

24(e) The power granted by this section is in addition to any
25powers a groundwater sustainability agency has under any other
26law.

27

10730.4.  

A groundwater sustainability agency may fund
28activities pursuant to Part 2.75 (commencing with Section 10750)
29and may impose fees pursuant to Sectionbegin delete 10732.5end deletebegin insert 10730.2end insert to fund
30activities undertaken by the agency pursuant to Part 2.75
31(commencing with Section 10750).

32

10730.6.  

(a) A groundwater fee levied pursuant to this chapter
33shall be due and payable to the groundwater sustainability agency
34by each owner or operator on a day established by the groundwater
35sustainability agency.

36(b) If an owner or operator knowingly fails to pay a groundwater
37fee within 30 days of it becoming due, the owner or operator shall
38be liable to the groundwater sustainability agency for interest at
39the rate of 1 percent per month on the delinquent amount of the
40groundwater fee and a 10 percent penalty.

P42   1(c) The groundwater sustainability agency may bring a suit in
2the court having jurisdiction against any owner or operator of a
3groundwater extraction facility within the area covered by the plan
4for the collection of any delinquent groundwater fees, interest, or
5penalties imposed under this chapter. If the groundwater
6sustainability agency seeks an attachment against the property of
7any named defendant in the suit, the groundwater sustainability
8agency shall not be required to furnish a bond or other undertaking
9as provided in Title 6.5 (commencing with Section 481.010) of
10Part 2 of the Code of Civil Procedure.

11(d) In the alternative to bringing a suit pursuant to subdivision
12(c), a groundwater sustainability agency may collect any delinquent
13groundwater charge and any civil penalties and interest on the
14delinquent groundwater charge pursuant to the laws applicable to
15the local agency or, if a joint powers authority, to the entity
16designated pursuant to Section 6509 of the Government Code. The
17collection shall be in the same manner as it would be applicable
18to the collection of delinquent assessments, water charges, or tolls.

19(e) As an additional remedy, a groundwater sustainability
20agency, after a public hearing, may order an owner or operator to
21cease extraction of groundwater until all delinquent fees are paid.
22The groundwater sustainability agency shall give notice to the
23owner or operator by certified mail not less than 15 days in advance
24of the public hearing.

25(f) The remedies specified in this section for collecting and
26enforcing fees are cumulative and may be pursued alternatively
27or may be used consecutively as determined by the governing
28body.

29

10730.8.  

(a) Nothing in this chapter shall affect or interfere
30with the authority of a groundwater sustainability agency to levy
31and collect taxes, assessments, charges, and tolls as otherwise
32provided by law.

33(b) For the purposes of Section 6254.16 of the Government
34Code, persons subject to payment of fees pursuant to this chapter
35are utility customers of a groundwater sustainability agency.

36

10731.  

(a) begin deleteIf there is reasonable cause to believe that the
37production of groundwater from any groundwater extraction facility
38is in excess of that disclosed by the statements covering the facility
39or if no statement is filed covering the facility, the governing body
40may cause an investigation and report to be made concerning the
P43   1production of groundwater from that groundwater extraction
2facility that includes, but is not limited to, the accuracy of the
3water-measuring device. The end delete
begin insertFollowing an investigation pursuant
4to Section 10725.4, the end insert
governing body may make a determination
5fixing the amount of groundwater production from the groundwater
6extraction facility at an amount not to exceed the maximum
7production capacity of the facility for purposes of levying a
8groundwater charge. If a water-measuring device is permanently
9attached to the groundwater extraction facility, the record of
10production as disclosed by the water-measuring device shall be
11presumed to be accurate unless the contrary is established by the
12groundwaterbegin delete managementend deletebegin insert sustainabilityend insert agency after investigation.

13(b) After the governing body makes a determination fixing the
14amount of groundwater production pursuant to subdivision (a), a
15written notice of the determination shall be mailed to the owner
16or operator of the groundwater extraction facility at the address as
17shown by the groundwaterbegin delete managementend deletebegin insert sustainabilityend insert agency’s
18records. A determination made by the governing body shall be
19conclusive on the owner or operator and the groundwater charges,
20based on the determination together with any interest and penalties,
21shall be payable immediately unless withinbegin delete 10end deletebegin insert 20end insert days after the
22mailing of the notice the owner or operator files with the governing
23body a written protest setting forth the ground for protesting the
24 amount of production or the groundwater charges, interest, and
25penalties. If a protest is filed pursuant to this subdivision, the
26governing body shall hold a hearing to determine the total amount
27of the groundwater production and the groundwater charges,
28interest, and penalties.begin delete The determination by the governing body
29at the hearing shall be conclusive if based upon substantial
30evidence.end delete
Notice of the hearing shall be mailed to each protestant
31at leastbegin delete 10end deletebegin insert 20end insert days before the date fixed for the hearing. Notice of
32the determination of the governing body hearing shall be mailed
33to each protestant. The owner or operator shall have 20 days from
34the date of mailing of the determination to pay the groundwater
35charges, interest, and penalties determined by the governing body.

 

P44   1Chapter  9. Groundwater Sustainability Agency
2Enforcement Powers
3

 

4

10732.  

(a) (1) A person who extracts groundwater in excess
5of the amount that person is authorized to extract under a rule,
6regulation, ordinance, or resolution adopted pursuant to Section
710725.2, shall be subject to a civil penalty not to exceed five
8hundred dollars ($500) per acre-foot extracted in excess of the
9amount that person is authorized to extract. Liability under this
10subdivision is in addition to any liability imposed under paragraph
11(2) and any fee imposed for the extraction.

12(2) A person who violates any rule, regulation, ordinance, or
13resolution adopted pursuant to Sectionbegin delete 10724.2end deletebegin insert 10725.2end insert shall be
14liable for a civil penalty not to exceed one thousand dollars
15($1,000) plus one hundred dollars ($100) for each additional day
16on which the violation continues if the person fails to comply
17within 30 days after the local agency has notified the person of the
18violation.

19(b) (1) A groundwater sustainability agency may bring an action
20in the superior court to determine whether a violation occurred
21and to impose a civil penalty described in subdivision (a).

22(2) A groundwater sustainability agency may administratively
23impose a civil penalty described in subdivision (a) after providing
24notice and an opportunity for a hearing.

25 (3) In determining the amount of the penalty, the superior court
26or the groundwater sustainability agency shall take into
27consideration all relevant circumstances, including, but not limited
28to, the nature and persistence of the violation, the extent of the
29harm caused by the violation, the length of time over which the
30violation occurs, and any corrective action taken by the violator.

31(c) A penalty imposed pursuant to this section shall be paid to
32the groundwater sustainability agency and shall be expended solely
33for purposes of this part.

34(d) Penalties imposed pursuant to this section are in addition to
35any civil penalty or criminal fine under any other law.

36 

37Chapter  10. State Evaluation and Assessment
38

 

39

10733.  

(a) The department shall periodically review the
40groundwater sustainability plans developed by groundwater
P45   1sustainability agencies pursuant to this part to evaluate whether a
2plan conforms with Sections 10727.2 and 10727.4 and is likely to
3achieve the sustainability goal for the basin covered by the
4groundwater sustainability plan.

5(b) If a groundwater sustainability agency develops multiple
6groundwater sustainability plans for a basin, the department shall
7evaluate whether the plans conform with Sections 10727.2,
810727.4, and 10727.6 and are together likely to achieve the
9sustainability goal for the basin covered by the groundwater
10sustainability plans.

11

10733.2.  

(a) begin insert(1)end insertbegin insertend insertBy June 1, 2016, the department, in
12consultation with the board, shall develop guidelines for evaluating
13groundwater sustainabilitybegin delete plans and groundwater sustainability
14programsend delete
begin insert plans, the implementation of groundwater sustainability
15plans, and coordination agreementsend insert
pursuant to this chapter.

begin delete

16(b)

end delete

17begin insert(2)end insert The guidelines shall identify the necessary plan components
18specified in Sectionsbegin delete 10727.2 and 10727.4end deletebegin insert 10727.2, 10727.4, and
1910727.6end insert
and other information that will assist local agencies in
20developing and implementing groundwater sustainabilitybegin delete plans
21and groundwater sustainability programs.end delete
begin insert plans and coordination
22agreements.end insert

begin delete

23(c)

end delete

24begin insert(b)end insert The department may update the guidelines, including to
25incorporate the best management practices identified pursuant to
26Section 10729.

begin insert

27(c) By June 1, 2016, the department, in consultation with the
28board, shall develop guidelines for evaluating alternatives
29submitted pursuant to Section 10733.6.

end insert

30(d) The guidelines required pursuant to this section are exempt
31from Chapter 3.5 (commencing with Section 11340) of Part 1 of
32Division 3 of Title 2 of the Government Code. The establishment
33of guidelines pursuant to this section shall instead be accomplished
34by means of a public processbegin delete reasonably calculated to giveend deletebegin insert that
35givesend insert
interested persons an opportunity to be heard.

36

10733.4.  

(a) Uponbegin delete completionend deletebegin insert adoptionend insert of a groundwater
37sustainability plan, a groundwater sustainability agency shall
38submit the groundwater sustainability plan to the department for
39review pursuant to this chapter.

P46   1(b) If groundwater sustainability agencies develop multiple
2groundwater sustainability plans for a basin, the submission
3required by subdivision (a) shall not occur until the entire basin is
4covered by groundwater sustainability plans. When the entire basin
5is covered by groundwater sustainability plans, the groundwater
6sustainability agencies shall jointly submit to the department all
7of the following:

8(1) The groundwater sustainability plans.

9(2) An explanation of how the groundwater sustainability plans
10implemented together satisfybegin delete Section 10729end deletebegin insert Sections 10727.2,
1110727.4, and 10727.6end insert
for the entire basin.

12(3) A copy of the coordination agreement between the
13groundwater sustainability agencies to ensure the coordinated
14implementation of the groundwater sustainability plans for the
15entire basin.

16(c) Upon receipt of a groundwater sustainability plan, the
17department shall post the plan on the department’s Internet Web
18site and provide 60 days for persons to submit comments to the
19department about the plan.

20(d) The department shall evaluate the groundwater sustainability
21plan within two years of its submission by a groundwater
22sustainability agency and issue an assessment of the plan. The
23assessment may include recommended corrective actions to address
24any deficiencies identified by the department.

begin delete
25

10733.6.  

(a) If there is not a groundwater sustainability plan
26for a basin, but a local agency believes that an alternative plan,
27such as a plan developed pursuant to Part 2.75 (commencing with
28Section 10750), satisfies the objectives of this part, the local agency
29may submit the alternative plan to the department for evaluation
30and assessment of whether the plan is the functional equivalent of
31a groundwater sustainability plan pursuant to this part. In evaluating
32an alternative plan, the department shall, to the extent feasible, use
33the guidelines developed pursuant to Section 10733.2.

34(b) A basin shall be in compliance with this part if a groundwater
35agency for a basin or other local agency submits to the department,
36no later than January 31, 2020, and every five years thereafter, any
37of the following documents:

38(1) A copy of a governing final judgment or other judicial order
39or decree establishing a groundwater sustainability program for
40the basin.

P47   1(2) A report approved by a groundwater agency that shows that
2current management or operations activities have been consistent
3with the sustainable yield of the basin over a period of at least 10
4years. The report shall be prepared by a registered professional
5engineer or geologist who is licensed by the state and submitted
6under that engineer’s or geologist’s seal. The report may
7demonstrate compliance with the sustainability goal in the basin
8by presenting a balanced water budget for the basin, a technical
9analysis demonstrating stable groundwater levels over the relevant
10period, or other sufficient technical analyses.

end delete
begin insert
11

begin insert10733.6.end insert  

(a) If there is no groundwater sustainability plan for
12a basin, but a local agency believes that an alternative described
13in subdivision (b) satisfies the objectives of this part, the local
14agency may submit the alternative to the department for evaluation
15and assessment of whether the alternative satisfies the objectives
16of this part.

17(b) An alternative is any of the following:

18(1) A plan developed pursuant to Part 2.75 (commencing with
19Section 10750) or other law authorizing groundwater management.

20(2) Management pursuant to an adjudication action.

21(3) An analysis of basin conditions that demonstrates that the
22basin has operated within its sustainable yield over a period of at
23least 10 years. The submission of an alternative described by this
24paragraph shall include a report prepared by a registered
25professional engineer or geologist who is licensed by the state and
26submitted under that engineer’s or geologist’s seal.

27(c) A local agency shall submit an alternative pursuant to this
28section no later than January 1, 2017, and every five years
29thereafter.

30(d) The assessment required by subdivision (a) shall include an
31assessment of whether the alternative is within a basin that is in
32compliance with Part 2.11 (commencing with Section 10920). If
33the alternative is within a basin that is not in compliance with Part
342.11 (commencing with Section 10920), the department shall find
35the alternative does not satisfy the objectives of this part.

end insert
36

10733.8.  

At least every five years afterbegin insert initialend insert submissionbegin insert of a
37plan pursuant to Section 10733.4end insert
, the department, in consultation
38with the board, shall review any available groundwater
39sustainability plan, alternativebegin delete planend delete submitted in accordance with
40Sectionbegin delete 10729.6,end deletebegin insert 10733.6,end insert and the implementation of the
P48   1corresponding groundwater sustainability program for consistency
2with this part, including achieving the sustainability goal. The
3department shall issue an assessment for each basin for which a
4plan has been submitted in accordance with thisbegin delete chapter.end deletebegin insert chapter,
5with an emphasis on assessing progress in achieving the
6sustainability goal within the basin.end insert
The assessment may include
7recommended corrective actions to address any deficiencies
8identified by the department.

9

10734.  

(a) Consistent with Section 3 of Article XIII A of the
10California Constitution, the department shall adopt a schedule of
11fees to recover costs incurred in carrying out this chapter.

12(b) It is the intent of the Legislature to amend this measure to
13adopt additional authority for the department to implement the fee
14authority provided by this section.

15 

16Chapter  11. State Intervention
17

 

18

10735.  

As used in this chapter, the following terms have the
19following meanings:

20(a) “Condition of long-term overdraft” means the condition of
21a groundwater basin where the average annual amount of water
22extracted for a long-term period, generally 10 years or more,
23exceeds the long-term average annual supply of water to the basin,
24plus any temporary surplus. Overdraft during a period of drought
25is not sufficient to establish a condition of long-term overdraft if
26extractions and recharge are managed as necessary to ensure that
27reductions in groundwater levels or storage during a period of
28drought are offset by increases in groundwater levels or storage
29during other periods.

30(b) “Person” means any person, firm, association, organization,
31partnership, business, trust, corporation, limited liability company,
32or public agency, including any city, county, city and county,
33district, joint powers authority, state, or any agency or department
34of those entities. “Person” includes, to the extent authorized by
35federal law, the United States, a department, agency or
36instrumentality of the federal government, an Indian tribe, an
37authorized Indian tribal organization, or interstate body.

38(c) “Probationary basin” means a basin for which the board has
39issued a determination underbegin delete this section.end deletebegin insert Section 10735.2.end insert

P49   1(d) “Significant depletions of interconnected surface waters”
2means reductions in flow or levels of a surface water that is
3hydrologically connected to the basin such that the reduced surface
4water flow or level adversely affects beneficial uses of the surface
5 water.

6

10735.2.  

(a) The board, after notice and a public hearing, may
7designate a basin as a probationary basin, if the board finds one
8or more of the following applies to the basin:

9(1) After January 1, 2017, none of the following have occurred:

10(A) begin deleteNo end deletebegin insertA end insertlocal agency has elected to be a groundwater
11sustainability agency that intends to develop a groundwater
12sustainability plan for the entire basin.

13(B) begin deleteNo end deletebegin insertA end insertcollection of local agencies has formed a groundwater
14sustainability agency or prepared agreements to develop one or
15more groundwater sustainability plans that will collectively serve
16as a groundwater sustainability plan for the entire basin.

begin delete

17(C) There is no plan developed pursuant to Part 2.75
18(commencing with Section 10750) that satisfies the objectives of
19this part.

end delete
begin delete

20(D) There is no report approved by a groundwater agency that
21shows that current management or operations activities have been
22consistent with the sustainable yield of the basin over a period of
23at least 10 years, as described in paragraph (2) of subdivision (b)
24of Section 10733.6.

end delete
begin insert

25(C) A local agency has submitted an alternative that has been
26approved or is pending approval pursuant to Section 10733.6. If
27the department disapproves an alternative pursuant to Section
2810733.6, the board shall not act under this paragraph until at least
29180 days after the department disapproved the alternative.

end insert

30(2) After January 31, 2020, none of the following have occurred:

31(A) begin deleteNo end deletebegin insertA end insertgroundwater sustainability agency has adopted a
32groundwater sustainability plan for the entire basin.

33(B) begin deleteNo end deletebegin insertA end insertcollection of local agencies have adopted groundwater
34sustainability plans that collectively serve as a groundwater
35sustainability plan for the entire basin.

36(C) The department hasbegin delete not determined that a local agency has
37a functional equivalent as described in Section 10733.6.end delete
begin insert approved
38an alternative pursuant to Section 10733.6.end insert

begin delete

39(D) There is no report approved by a groundwater agency that
40shows that current management or operations activities have been
P50   1consistent with the sustainable yield of the basin over a period of
2at least 10 years, as described in paragraph (2) of subdivision (b)
3of Section 10733.6.

end delete

4(3) After January 31, 2020,begin delete eitherend deletebegin insert bothend insert of the following have
5occurred:

6(A) Thebegin delete department has determinedend deletebegin insert department, in consultation
7with the board, determinesend insert
that a groundwater sustainability plan
8is inadequate or that the groundwater sustainability program is not
9being implemented in a manner that will likely achieve the
10sustainability goal.

11(B) Thebegin insert board determines that theend insert basin is in a condition of
12long-term overdraft or in a condition where groundwater
13extractions result in significant depletions of interconnected surface
14waters.

15(b) begin delete(1)end deletebegin deleteend deleteIn making the findings associated withbegin delete subparagraph
16(A) ofend delete
paragraph (3) of subdivision (a), thebegin insert department andend insert board
17may rely on periodic assessments the department has prepared
18pursuant to Chapter 10 (commencing with Section 10733). The
19board may request that the department conduct additional
20assessments utilizing the guidelines developed pursuant to Chapter
2110 (commencing with 10733) and make determinations pursuant
22to this section. The board shall post on its Internet Web site and
23provide at least 30 days for the public to comment on any
24determinations provided by the department pursuant to this
25subdivision.

begin delete

26(2) The board shall consult with the department in assessing
27technical determinations pursuant to subparagraph (A) of paragraph
28(3) of subdivision (a).

29(c) The determination shall set an amount of groundwater
30extractions, for purposes of establishing the amount for which
31reports of groundwater extraction are required under Part 5.2
32(commencing with Section 5200) of Division 2, and may include
33exclusions for certain classes or categories of extractions that are
34likely to have a minimal impact on basin withdrawals.

end delete
begin insert

35(c) (1) The determination may exclude a class or category of
36extractions from the requirement for reporting pursuant to Part
375.2 (commencing with Section 5200) of Division 2 if those
38extractions are likely to have a minimal impact on basin
39withdrawals.

end insert
begin insert

P51   1(2) The determination may require reporting of a class or
2category of extractions that would otherwise be exempt from
3reporting pursuant to paragraph (1) of subdivision (c) of Section
45202 if those extractions are likely to have a substantial impact
5on basin withdrawals or requiring reporting of those extractions
6is reasonably necessary to obtain information for purposes of this
7chapter.

end insert
begin insert

8(3) The determination may establish requirements for
9information required to be included in reports of groundwater
10extraction, for installation of measuring devices, or for use of a
11methodology, measuring device, or both, pursuant to Part 5.2
12(commencing with Section 5200) of Division 2.

end insert
begin insert

13(4) The determination may modify the water year or reporting
14date for a report of groundwater extraction pursuant to Section
155202.

end insert
16

10735.4.  

(a) If the board designates a basin as a probationary
17basin pursuant to paragraph (1) or (2) of subdivision (a) of Section
1810735.2, a local agency or groundwater sustainability agency shall
19have 180 days to remedy the deficiency. The board may appoint
20a mediator or other facilitator, after consultation with affected local
21agencies, to assist in resolving disputes, and identifying and
22implementing actions that will remedy the deficiency.

23(b) After the 180-day period provided by subdivision (a), the
24board may provide additional time to remedy the deficiency if it
25finds that a local agency is making substantial progress toward
26remedying the deficiency.

27(c) The board may develop an interim plan pursuant to Section
2810735.8 for the probationary basin at the end of thebegin delete timeend delete period
29provided by subdivision (a) or any extension provided pursuant
30to subdivision (b), if the board, in consultation with the department,
31determines that a local agency has not remedied the deficiency
32that resulted in designating the basin as a probationary basin
33begin delete pursuant to this sectionend delete.

34

10735.6.  

(a) If the board designates a basin as a probationary
35basin pursuant to paragraph (3) of subdivision (a) of Section
3610735.2, the board shall identify the specific deficiencies and
37identify potential actions to address the deficiencies. The board
38may request the department to provide local agencies, within 90
39days of the designation of a probationary basin, with technical
40recommendations to remedy the deficiencies.

P52   1(b) The board may develop an interim plan pursuant to Section
210735.8 for the probationary basin one year after the designation
3of the basin pursuant to paragraph (3) of subdivision (a) of Section
410735.2, if the board, in consultation with the department,
5determines that a local agency has not remedied the deficiency
6thatbegin delete resultend deletebegin insert resultedend insert in designating the basin a probationary basin.

7

10735.8.  

(a) The board, after notice and a public hearing, may
8adopt an interim plan for a probationary basin.

9(b) The interim plan shall include all of the following:

10(1) Identification of the actions that are necessary to correct a
11condition of long-term overdraft or a condition where groundwater
12extractions result in significant depletions of interconnected surface
13waters, including recommendations for appropriate action by any
14person.

15(2) A time schedule for the actions to be taken.

16(3) A description of the monitoring to be undertaken to
17determine effectiveness of the plan.

18(c) The interim plan may include the following:

19(1) Restrictions on groundwaterbegin delete pumping orend delete extraction.

20(2) A physical solution.

21(3) Principles and guidelines for the administration of rights to
22surface waters that are connected to the basin.

23(d) begin deleteTo the extent feasible, consistent with end deletebegin insertExcept as provided
24in end insert
Sections 100 and 275 and subdivision (e), the interim plan shall
25be consistent with water right priorities.

26(e) Where, in the judgment of the board, a groundwater
27sustainability plan, groundwater sustainability program, or an
28adjudication action can be relied on as part of the interim plan,
29either throughout the basin or in an area within the basin, the board
30may rely on, or incorporate elements of, that plan, program, or
31adjudication into the interim plan adopted by the board or allow
32local agencies to continue implementing those parts of a plan or
33program that the board determines are adequate.

34(f) In carrying out activities that may affect the probationary
35basin, state entities shall comply with an interim plan adopted by
36the board pursuant to this section unless otherwise directed or
37authorized by statute and the state entity shall indicate to the board
38in writing the authority for not complying with the interim plan.

39(g) (1) After the board adopts an interim plan under this section,
40the board shall determine if a groundwater sustainability plan or
P53   1an adjudication action is adequate to eliminate the condition of
2long-term overdraft or condition where groundwater extractions
3result in significant depletions of interconnected surface waters,
4upon petition of either of the following:

5(A) A groundwater sustainability agency that has adopted a
6groundwater sustainability plan for the probationary basin or a
7portion thereof.

8(B) A person authorized to file the petition by a judicial order
9or decree entered in an adjudication action in the probationary
10basin.

11(2) The board shall act on a petition filed pursuant to paragraph
12(1) within 90 days after the petition is complete. If the boardbegin insert, in
13consultation with the department,end insert
determines that the groundwater
14sustainability plan or adjudication action is adequate, the board
15shall rescind the interim plan adopted by the board for the
16probationary basin, except as provided in paragraphs (3) and (4).

17(3) Upon request of the petitioner, the board may amend an
18interim plan adopted under this section to eliminate portions of
19the interim plan, while allowing other portions of the interim plan
20to continue in effect.

21(4) The board may decline to rescind an interim plan adopted
22pursuant to this section if the board determines that the petitioner
23has not provided adequate assurances that the groundwater
24sustainability plan or judicial order or decree will be implemented.

25(5) This subdivision is not a limitation on the authority of the
26board to stay its proceedings under this section or to rescind or
27amend an interim plan adopted pursuant to this section based on
28the progress made by a groundwater sustainability agency or in
29an adjudication action, even if the board cannot make a
30determination of adequacy in accordance with paragraph (1).

31

10736.  

(a) The board shall adopt or amend a determination or
32interim plan under Section 10735.2 or 10735.8 in accordance with
33procedures for quasi-legislative action.

34(b) The board shall provide notice of a hearing described in
35subdivision (a) of Section 10735.2 or subdivision (a) of Section
3610735.8 as follows:

37(1) At least 90 days before the hearing, the board shall publish
38notice of the hearing on its Internet Web site.

P54   1(2) At least 90 days before the hearing, the board shall notify
2the department and each city, county, or city and county in which
3any part of the basin is situated.

4(3) (A) For the purposes of this paragraph, the terms
5“board-designated local area” and “local agency” have the same
6meaning as defined in Section 5009.

7(B) At least 60 days before the hearing, the board shall mail or
8send by electronic mail notice to all persons known to the board
9who extract or who propose to extract water from the basin, or
10who have made written or electronic mail requests to the board
11for special notice of hearing pursuant to this part. If any portion
12of the basin is within a board-designated local area, the records
13made available to the board by the local agency in accordance with
14paragraph (4) of subdivision (d) of Section 5009 shall include the
15names and addresses of persons and entities known to the local
16agency who extract water from the basin, and the board shall mail
17or send by electronic mail notice to those persons.

18(c) The board shall provide notice of proceedings to amend or
19repeal a determination or plan under Section 10735.2 or 10735.8
20as appropriate to the proceedings, taking into account the nature
21of the proposed revision and the person likely to be affected.

22(d) (1) Except as provided in paragraphs (2) and (3), Chapter
233.5 (commencing with Section 11340) of Part 1 of Division 2 of
24Title 2 of the Government Code does not apply to any action
25authorized pursuant to Section 10735.2 or 10735.8.

26(2) The board may adopt a regulation in accordance with Chapter
273.5 (commencing with Section 11340) of Part 1 of Division 2 of
28Title 2 of the Government Code setting procedures for adopting a
29determination or plan.

30(3) The board may adopt a regulation applying or interpreting
31this part pursuant to Section 1530 if the board determines that the
32emergency regulation is reasonably necessary for the allocation,
33administration, or collection of fees authorized pursuant to Section
341529.5.

35

10736.2.  

Division 13 (commencing with Section 21000) of the
36Public Resources Code does not apply to any action or failure to
37act by the board under this chapter, other than the adoption or
38amendment of an interim plan pursuant to Section 10735.8.

39

10736.4.  

The extraction or use of water extracted in violation
40of an interim plan under this part shall not be relied upon as a basis
P55   1for establishing the extraction or use of water to support a claim
2in an action or proceeding for determination of water rights.

3

10736.6.  

(a) The board may order a person that extracts or
4uses water from a basin that is subject to an investigation or
5proceeding under this chapter to prepare and submit to the board
6any technical or monitoring program reports related to that person’s
7or entity’s extraction or use of water as the board may specify.
8The costs incurred by the person in the preparation of those reports
9shall bear a reasonable relationship to the need for the report and
10the benefit to be obtained from the report. If the preparation of
11individual reports would result in a duplication of effort, or if the
12reports are necessary to evaluate the cumulative effect of several
13diversions or uses of water, the board may order any person subject
14to this subdivision to pay a reasonable share of the cost of preparing
15reports.

16(b) (1) An order issued pursuant to this section shall be served
17by personal service or registered mail on the party to submit
18technical or monitoring program reports or to pay a share of the
19costs of preparing reports. Unless the board issues the order after
20a hearing, the order shall inform the party of the right to request a
21hearing within 30 days after the party has been served. If the party
22does not request a hearing within that 30-day period, the order
23shall take effect as issued. If the party requests a hearing within
24that 30-day period, the board may adopt a decision and order after
25conducting a hearing.

26(2) In-lieu of adopting an order directed at named persons in
27accordance with the procedures specified in paragraph (1), the
28board may adopt a regulation applicable to a category or class of
29persons in accordance with Chapter 3.5 (commencing with Section
3011340) of Part 1 of Division 2 of Title 2 of the Government Code.

31(c) Upon application of a person or upon its own motion, the
32board may review and revise an order issued or regulation adopted
33pursuant to this section in accordance with the procedures set forth
34in subdivision (b).

35(d) In conducting an investigation or proceeding pursuant to
36this part, the board may inspect the property or facilities of a person
37to ascertain whether the purposes of this part are being met and to
38ascertain compliance with this part. The board may obtain an
39inspection warrant pursuant to the procedures set forth in Title 13
40(commencing with Section 1822.50) of Part 3 of the Code of Civil
P56   1Procedure for the purposes of an inspection pursuant to this
2subdivision.

3

begin deleteSEC. 11.end delete
4begin insertSEC. 13.end insert  

Section 10750.1 is added to the Water Code, to read:

5

10750.1.  

(a) Beginning January 1, 2015, a new plan shall not
6be adopted and an existing plan shall not be renewed pursuant to
7this part, except as provided in subdivision (b). A plan adopted
8before January 1, 2015, shall remain in effect until a groundwater
9sustainability plan is adopted pursuant to Part 2.74 (commencing
10with Section 10720).

11(b) This section does not apply to a low- or very low priority
12basin as categorized for the purposes of Part 2.74 (commencing
13with Section 10720).

begin insert

14(c) This section does not apply to a plan submitted as an
15 alternative pursuant to Section 10733.6, unless the department
16has not determined that the alternative satisfies the objectives of
17Part 2.74 (commencing with Section 10720) on or before January
1831, 2020, or the department later determines that the plan does
19not satisfy the objectives of that part.

end insert
20

begin deleteSEC. 12.end delete
21begin insertSEC. 14.end insert  

Section 10927 of the Water Code is amended to read:

22

10927.  

Any of the following entities may assume responsibility
23for monitoring and reporting groundwater elevations in all or a
24part of a basin or subbasin in accordance with this part:

25(a) A watermaster or water management engineer appointed by
26a court or pursuant to statute to administer a final judgment
27determining rights to groundwater.

28(b) (1) A groundwater management agency with statutory
29authority to manage groundwater pursuant to its principal act that
30is monitoring groundwater elevations in all or a part of a
31groundwater basin or subbasin on or before January 1, 2010.

32(2) A water replenishment district established pursuant to
33 Division 18 (commencing with Section 60000). This part does not
34expand or otherwise affect the authority of a water replenishment
35district relating to monitoring groundwater elevations.

36(3) A groundwater sustainability agency with statutory authority
37to manage groundwater pursuant to Part 2.74 (commencing with
38Section 10720).

39(c) A local agency that is managing all or part of a groundwater
40basin or subbasin pursuant to Part 2.75 (commencing with Section
P57   110750) and that was monitoring groundwater elevations in all or
2a part of a groundwater basin or subbasin on or before January 1,
32010, or a local agency or county that is managing all or part of a
4groundwater basin or subbasin pursuant to any other legally
5enforceable groundwater management plan with provisions that
6are substantively similar to those described in that part and that
7was monitoring groundwater elevations in all or a part of a
8groundwater basin or subbasin on or before January 1, 2010.

9(d) A local agency that is managing all or part of a groundwater
10basin or subbasin pursuant to an integrated regional water
11management plan prepared pursuant to Part 2.2 (commencing with
12Section 10530) that includes a groundwater management
13component that complies with the requirements of Section 10753.7.

14(e) A local agency that has been collecting and reporting
15groundwater elevations and that does not have an adopted
16groundwater management plan, if the local agency adopts a
17groundwater management plan in accordance with Part 2.75
18(commencing with Section 10750) by January 1, 2014. The
19department may authorize the local agency to conduct the
20monitoring and reporting of groundwater elevations pursuant to
21this part on an interim basis, until the local agency adopts a
22groundwater management plan in accordance with Part 2.75
23(commencing with Section 10750) or until January 1, 2014,
24whichever occurs first.

25(f) A county that is not managing all or a part of a groundwater
26basin or subbasin pursuant to a legally enforceable groundwater
27management plan with provisions that are substantively similar to
28those described in Part 2.75 (commencing with Section 10750).

29(g) A voluntary cooperative groundwater monitoring association
30formed pursuant to Section 10935.

31

begin deleteSEC. 13.end delete
32begin insertSEC. 15.end insert  

Section 10933 of the Water Code is amended to read:

33

10933.  

(a)  The department shall commence to identify the
34extent of monitoring of groundwater elevations that is being
35undertaken within each basin and subbasin.

36(b) (1) The department shall prioritize groundwater basins and
37subbasins for the purpose of implementing this section. In
38prioritizing the basins and subbasins, the department shall, to the
39extent data are available, consider all of the following:

40(A) The population overlying the basin or subbasin.

P58   1(B) The rate of current and projected growth of the population
2overlying the basin or subbasin.

3(C) The number of public supply wells that draw from the basin
4or subbasin.

5(D) The total number of wells that draw from the basin or
6subbasin.

7(E) The irrigated acreage overlying the basin or subbasin.

8(F) The degree to which persons overlying the basin or subbasin
9rely on groundwater as their primary source of water.

10(G) Any documented impacts on the groundwater within the
11basin or subbasin, including overdraft, subsidence, saline intrusion,
12and other water quality degradation.

13(H) Any other information determined to be relevant by the
14department.

15(2) The department, in consultation with the Department of Fish
16and Wildlife, shall identify and develop prioritization criteria for
17the purpose of identifying groundwater basins and subbasins that
18should be prioritized based on adverse impacts to habitat and
19surface water resources.begin delete Theend deletebegin insert Theseend insert criteria shall be incorporated
20into the determination of basin and subbasin prioritization at the
21department’s next update of basin and subbasin prioritizations that
22occurs after January 1, 2017.

23(c) If the department determines that all or part of a basin or
24subbasin is not being monitored pursuant to this part, the
25department shall do all of the following:

26(1) Attempt to contact all well owners within the area not being
27monitored.

28(2) Determine if there is an interest in establishing any of the
29following:

30(A) A groundwater management plan pursuant to Part 2.75
31(commencing with Section 10750).

32(B) An integrated regional water management plan pursuant to
33Part 2.2 (commencing with Section 10530) that includes a
34groundwater management component that complies with the
35requirements of Section 10753.7.

36(C) A voluntary groundwater monitoring association pursuant
37to Section 10935.

38(d) If the department determines that there is sufficient interest
39in establishing a plan or association described in paragraph (2) of
40subdivision (c), or if the county agrees to perform the groundwater
P59   1monitoring functions in accordance with this part, the department
2shall work cooperatively with the interested parties to comply with
3the requirements of this part within two years.

4(e) If the department determines, with regard to a basin or
5subbasin, that there is insufficient interest in establishing a plan
6or association described in paragraph (2) of subdivision (c), and
7if the county decides not to perform the groundwater monitoring
8and reporting functions of this part, the department shall do all of
9the following:

10(1) Identify any existing monitoring wells that overlie the basin
11or subbasin that are owned or operated by the department or any
12other state or federal agency.

13(2) Determine whether the monitoring wells identified pursuant
14to paragraph (1) provide sufficient information to demonstrate
15seasonal and long-term trends in groundwater elevations.

16(3) If the department determines that the monitoring wells
17identified pursuant to paragraph (1) provide sufficient information
18to demonstrate seasonal and long-term trends in groundwater
19elevations, the department shall not perform groundwater
20monitoring functions pursuant to Section 10933.5.

21(4) If the department determines that the monitoring wells
22identified pursuant to paragraph (1) provide insufficient
23information to demonstrate seasonal and long-term trends in
24groundwater elevations, the department shall perform groundwater
25monitoring functions pursuant to Section 10933.5.

26

begin deleteSEC. 14.end delete
27begin insertSEC. 16.end insert  

Section 12924 of the Water Code is amended to read:

28

12924.  

(a) The department, in conjunction with other public
29agencies, shall conduct an investigation of the state’s groundwater
30basins. The department shall identify the state’s groundwater basins
31on the basis of geological and hydrological conditions and
32consideration of political boundary lines whenever practical. The
33department shall also investigate existing general patterns of
34groundwaterbegin delete pumpingend deletebegin insert extractionend insert and groundwater recharge within
35those basins to the extent necessary to identify basins that are
36subject to critical conditions of overdraft.

37(b) The department may revise the boundaries of groundwater
38basins identified in subdivision (a) based on its own investigations
39or information provided by others.

P60   1(c) The department shall report its findings to the Governor and
2the Legislature not later than January 1, 2012, and thereafter in
3years ending in 5 or 0.

4

begin deleteSEC. 15.end delete
5begin insertSEC. 17.end insert  

The provisions of this act are severable. If any
6provision of this act or its application is held invalid, that invalidity
7shall not affect other provisions or applications that can be given
8effect without the invalid provision or application.

9

begin deleteSEC. 16.end delete
10begin insertSEC. 18.end insert  

No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution for certain
12costs that may be incurred by a local agency or school district
13because, in that regard, this act creates a new crime or infraction,
14eliminates a crime or infraction, or changes the penalty for a crime
15or infraction, within the meaning of Section 17556 of the
16Government Code, or changes the definition of a crime within the
17meaning of Section 6 of Article XIII B of the California
18Constitution.

19However, if the Commission on State Mandates determines that
20this act contains other costs mandated by the state, reimbursement
21to local agencies and school districts for those costs shall be made
22pursuant to Part 7 (commencing with Section 17500) of Division
234 of Title 2 of the Government Code.

24

begin deleteSEC. 17.end delete
25begin insertSEC. 19.end insert  

The Legislature finds and declares that Sectionbegin delete 5end deletebegin insert 11
26of this act, which adds Section 5206 to the Water Code and Section
2712end insert
of this act, which adds Section 10730.8 to the Water Code,
28begin delete imposesend deletebegin insert imposeend insert a limitation on the public’s right of access to the
29meetings of public bodies or the writings of public officials and
30agencies within the meaning of Section 3 of Article I of the
31California Constitution. Pursuant to that constitutional provision,
32the Legislature makes the following findings to demonstrate the
33interest protected by this limitation and the need for protecting
34that interest:

35In order to allow this act to fully accomplish its goals, it is
36necessary to protect proprietary information submitted pursuant
37to this act as confidential. Therefore, it is in the state’s interest to
38limit public access to this information.



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