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-term reliability and multiple economic, social, and 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
begin delete subbasins.end delete
This bill would
begin delete 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.end delete 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 31, 2015. This bill would authorize a local agency to request that the department revise the boundaries of a basin and would require the department, by January 1, 2016, to begin delete develop and publishend delete the methodology and criteria to be used to evaluate the proposed revision. 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
(3) Existing law authorizes local agencies to adopt and implement a groundwater management plan. Existing law requires a groundwater management plan to contain specified components and requires a local agency seeking state funds administered by the Department of Water Resources for groundwater projects or groundwater quality projects to do certain things, including, but not limited to, preparing and implementing a groundwater management plan that includes basin management objectives for the groundwater basin.
This bill, with certain exceptions, would prohibit, beginning January 1, 2015, a new groundwater management plan from being adopted or an existing groundwater management plan from being renewed.
This bill would
begin delete require, by January 31, 2020,end delete all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources to be managed under a groundwater sustainability plan or coordinated groundwater sustainability begin delete plans, with specified
exceptions.end delete This bill would require a groundwater sustainability plan to be developed and implemented to meet the sustainability goal, established as prescribed, and would require the plan to include prescribed components. This bill would 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, and to regulate groundwater extraction.
This bill would authorize a groundwater sustainability agency to conduct inspections and would authorize a groundwater sustainability agency 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.
(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(5) This bill would make its operation contingent on the enactment of AB 1739 of the 2013-14 Regular Session.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
(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 groundwater extraction can cause overdraft, failed
13wells, deteriorated water quality, environmental damage, and
14irreversible land subsidence that damages infrastructure and
15diminishes the capacity of aquifers to store water for the future.
16(4) When properly managed, groundwater resources will help
17protect communities, farms, and the environment against prolonged
18dry periods and climate change, preserving water supplies for
19existing and potential beneficial use.
20(5) Failure to manage groundwater to prevent long-term
21overdraft infringes on groundwater rights.
22(6) Groundwater resources are most effectively managed at the
23local or regional level.
24(7) Groundwater management will not
be effective unless local
25actions to sustainably manage groundwater basins and subbasins
27(8) Local and regional agencies need to have the necessary
28support and authority to manage groundwater sustainably.
P5 1(9) In those circumstances where a local groundwater
2management agency is not managing its groundwater sustainably,
3the state needs to protect the resource until it is determined that a
4local groundwater management agency can sustainably manage
5the groundwater basin or subbasin.
6(10) Information on the amount of groundwater extraction,
7natural and artificial recharge, and groundwater evaluations are
8critical for effective management of groundwater.
9(11) Sustainable groundwater management in California depends
10upon creating more opportunities for robust conjunctive
11management of surface water and groundwater resources. Climate
12change will intensify the need to recalibrate and reconcile surface
13water and groundwater management strategies.
14(b) It is, therefore, the intent of the Legislature to do all of the
16(1) To provide local and regional agencies the authority to
17sustainably manage groundwater.
18(2) To provide that if no local groundwater agency or agencies
19provide sustainable groundwater management for a groundwater
20basin or subbasin, the state has the authority to develop and
21implement an interim plan until the time the local groundwater
22sustainability agency or agencies can assume management of the
23basin or subbasin.
24(3) To require the development and reporting of those data
25 necessary to support sustainable groundwater management,
26including those data that help describe the basin’s geology, the
27short- and long-term trends of the basin’s water balance, and other
28measures of sustainability, and those data necessary to resolve
29disputes regarding sustainable yield, beneficial uses, and water
31(4) To respect overlying and other proprietary rights to
33(5) To recognize and preserve the authority of cities and counties
34to manage groundwater pursuant to their police powers.
Section 113 is added to the Water Code, to read:
It is the policy of the state that groundwater resources be
37managed sustainably for long-term reliability and multiple
38economic, social, and environmental benefits for current and future
39beneficial uses. Sustainable groundwater management is best
P6 1achieved locally through the development, implementation, and
2updating of plans and programs based on the best available science.
Part 2.74 (commencing with Section 10720) is added
4to Division 6 of the Water Code, to read:
This part shall be known, and may be cited, as the
12“Sustainable Groundwater Management Act.”
In enacting this part, it is the intent of the Legislature
14to do all of the following:
15(a) To provide for the sustainable management of groundwater
17(b) To enhance local management of groundwater consistent
18with rights to use or store groundwater and Section 2 of Article X
19of the California Constitution. It is the intent of the Legislature to
20preserve the security of water rights in the state to the greatest
21extent possible consistent with the sustainable management of
23(c) To establish minimum standards for sustainable groundwater
provide local groundwater agencies with the authority
26and the technical and financial assistance necessary to sustainably
28(e) To avoid or minimize subsidence.
29(f) To improve data collection and understanding about
31(g) To increase groundwater storage and remove impediments
33(h) To manage groundwater basins through the actions of local
34governmental agencies to the greatest extent feasible, while
35minimizing state intervention to only when necessary to ensure
36that local agencies manage groundwater in a sustainable manner.
(a) This part applies to all groundwater basins in the
P7 1(b) To the extent authorized under federal or tribal law, this part
2applies to an Indian tribe and to the federal government, including,
3but not limited to, the United States Department of Defense.
4(c) The federal government or any federally recognized Indian
5tribe, appreciating the shared interest in assuring the sustainability
6of groundwater resources, may voluntarily agree to participate in
7the preparation or administration of a groundwater sustainability
8plan or groundwater management plan under this part through a
9joint powers authority or other agreement with local agencies in
10the basin. A participating tribe shall be eligible to participate fully
11in planning, financing, and management under this part, including
12eligibility for grants and technical assistance, if any exercise of
13regulatory authority, enforcement, or imposition and collection of
14fees is pursuant to the tribe’s independent authority and not
15pursuant to authority granted to a groundwater sustainability agency
16under this part.
17(d) In an adjudication of rights to the use of groundwater, and
18in the management of a groundwater basin or subbasin by a
19groundwater sustainability agency or by the board,
20federally-reserved water rights to groundwater shall be respected
21in full. In case of conflict between federal and state law in that
22adjudication or management, federal law shall prevail. The
23voluntary or involuntary participation of a holder of rights in that
24adjudication or management shall not subject that holder to state
25law regarding other proceedings or matters not authorized by
26federal law. This subdivision is declaratory of existing law.
Groundwater management pursuant to this part
28shall be consistent with Section 2 of Article X of the California
29Constitution. Nothing in this part modifies rights or priorities to
30use or store groundwater consistent with Section 2 of Article X of
31the California Constitution, except that in basins designated
32medium- or high-priority basins by the department, no extraction
33of groundwater between January 1, 2015, and the date of adoption
34of a groundwater sustainability plan pursuant to this part, whichever
35is sooner, may be used as evidence of, or to establish or defend
36against, any claim of prescription.
(a) By January 31, 2020, all basins designated
2as high- or medium-priority basins by the department shall be managed under a groundwater
6sustainability plan or coordinated groundwater sustainability plans
7pursuant to this part.
13(b) The Legislature encourages and authorizes basins designated
14as low- and very low-priority basins by the department to be
15managed under groundwater sustainability plans pursuant to this
16part. Chapter 11 (commencing with Section 10735) does not apply
17to a basin designated as a low- or very low-priority basin.
(a) Except as provided in subdivision
begin delete (d),end delete this
19part does not apply to the following adjudicated areas or a local
20agency that conforms to the requirements of an adjudication of
21water rights for one of the following adjudicated areas:
22(1) Beaumont Basin.
23(2) Brite Basin.
24(3) Central Basin.
25(4) Chino Basin.
26(5) Cucamonga Basin.
27(6) Cummings Basin.
28(7) Goleta Basin.
25 30(8)end delete
31 Main San Gabriel Basin.
26 32(9)end delete
33 Mojave Basin Area.
27 34(10)end delete
35 Puente Basin.
28 36(11)end delete
37 Raymond Basin.
29 38(12)end delete
39 Rialto-Colton Basin.
30 40(13)end delete
P9 1 Riverside Basin.
31 2(14)end delete
3 San Bernardino Basin Area.
33 4(15)end delete
5 San Jacinto Basin.
35 6(16)end delete
7 Santa Margarita River Watershed.
37 8(17)end delete
9 Santa Maria Valley Basin.
39 10(18)end delete
11 Santa Paula Basin.
P22 1 12(19)end delete
13 Scott River Stream System.
3 14(20)end delete
15 Seaside Basin.
5 16(21)end delete
17 Six Basins.
7 18(22)end delete
19 Tehachapi Basin.
9 20(23)end delete
21 Upper Los Angeles River Area.
11 22(24)end delete
23 Warren Valley Basin.
13 24(25)end delete
25 West Coast Basin.
26(b) The Antelope Valley basin at issue in the Antelope Valley
27Groundwater Cases (Judicial Council Coordination Proceeding
28Number 4408) shall be treated as an adjudicated basin pursuant to
29this section if the superior court issues a final judgment, order, or
31(c) The Owens Valley Groundwater Basin area managed
32pursuant to the terms of the stipulated judgment of City of Los
33Angeles v. Board of Supervisors of the County of Inyo, et al. (Inyo
34County Case No. 12908) shall be treated as an adjudicated area
35pursuant to this section.
26 7(d)end delete
8 If an adjudication action has determined the rights to extract
9groundwater for only a portion of a basin, subdivisions (a), (b),
begin delete10 and
11adjudication action has determined those rights.
31 12(e)end delete
13 The watermaster or a local agency within a basin identified
14in subdivision (a) shall do all of the following:
15(1) By April 1, 2016, submit to the department a copy of a
16governing final judgment, or other judicial order or decree, and
17any amendments entered before April 1, 2016.
18(2) Within 90 days of
entry by a court, submit to the department
19a copy of any amendment made and entered by the court to the
20governing final judgment or other judicial order or decree on or
21after April 1, 2016.
22(3) By April 1, 2016, and annually thereafter, submit to the
23department a report containing the following information to the
24extent available for the portion of the basin subject to the
26(A) Groundwater elevation data unless otherwise submitted
27pursuant to Section 10932.
28(B) Annual aggregated data identifying groundwater extraction
29for the preceding water year.
30(C) Surface water supply used for or available for use for
31groundwater recharge or in-lieu use.
32(D) Total water use.
33(E) Change in groundwater storage.
34(F) The annual report submitted to the court.
All relevant state agencies, including, but not limited
36to, the board, the regional water quality control boards, the
37department, and the Department of Fish and Wildlife, shall consider
38the policies of this part, and any groundwater sustainability plans
39adopted pursuant to this part, when revising or adopting policies,
P11 1regulations, or criteria, or when issuing orders or determinations,
Unless the context otherwise requires, the following
7definitions govern the construction of this part:
8(a) “Adjudication action” means an action filed in the superior
9or federal district court to determine the rights to extract
10groundwater from a basin or store water within a basin, including,
11but not limited to, actions to quiet title respecting rights to extract
12or store groundwater or an action brought to impose a physical
13solution on a basin.
14(b) “Basin” means a groundwater basin or subbasin identified
15and defined in Bulletin 118 or as modified pursuant to Chapter 3
16(commencing with Section 10722).
17(c) “Bulletin 118” means the
department’s report entitled
18“California’s Groundwater: Bulletin 118” updated in 2003, as it
19may be subsequently updated or revised in accordance with Section
21(d) “Coordination agreement” means a legal agreement adopted
22between two or more groundwater sustainability agencies that
23provides the basis for coordinating multiple agencies or
24groundwater sustainability plans within a basin pursuant to this
26(e) “De minimis extractor” means a person who extracts, for
27domestic purposes, two acre-feet or less per year.
28(f) “Governing body” means the legislative body of a
29groundwater sustainability agency.
30(g) “Groundwater” means water beneath the surface of the earth
31within the zone below the water table in which the soil is
32completely saturated with water, but does not include water that
33flows in known and definite channels.
34(h) “Groundwater extraction facility” means a device or method
35for extracting groundwater from within a basin.
36(i) “Groundwater recharge” means the augmentation of
37groundwater, by natural or artificial means.
38(j) “Groundwater sustainability agency” means one or more
39local agencies that implement the provisions of this part. For
40purposes of imposing fees pursuant to Chapter 8 (commencing
P12 1with Section 10730) or taking action to enforce a groundwater
2sustainability plan, “groundwater sustainability agency” also means
3each local agency comprising the groundwater sustainability
4agency if the plan authorizes separate agency action.
5(k) “Groundwater sustainability plan” or “plan”
means a plan
6of a groundwater sustainability agency proposed or adopted
7pursuant to this part.
8(l) “Groundwater sustainability program” means a coordinated
9and ongoing activity undertaken to benefit a basin, pursuant to a
10groundwater sustainability plan.
11(m) “Local agency” means a local public agency that has water
12supply, water management, or land use responsibilities within a
14(n) “Operator” means a person operating a groundwater
15extraction facility. The owner of a groundwater extraction facility
16shall be conclusively presumed to be the operator unless a
17satisfactory showing is made to the governing body of the
18groundwater sustainability agency that the groundwater extraction
19facility actually is operated by some other person.
20(o) “Owner” means a person owning a groundwater extraction
21facility or an interest in a groundwater extraction facility other
22than a lien to secure the payment of a debt or other obligation.
P25 1 25(p)end delete
26 “Planning and implementation horizon” means a 50-year
27time period over which a groundwater sustainability agency
28determines that plans and measures will be implemented in a basin
29to ensure that the basin is operated within its sustainable yield.
5 30(q)end delete
31 “Public water system” has the same meaning as defined in
32Section 116275 of the Health and Safety Code.
7 33(r)end delete
34 “Recharge area” means the area that supplies water to an
35aquifer in a groundwater basin.
9 36(s)end delete
37 “Sustainability goal” means the existence and implementation
38of one or more groundwater sustainability plans that achieve
39sustainable groundwater management by identifying and causing
P13 1the implementation of measures targeted to ensure that the
2applicable basin is operated within its sustainable yield.
14 3(t)end delete
4 “Sustainable groundwater management” means the
5management and use of groundwater in a manner that can be
6maintained during the planning and implementation horizon
7without causing undesirable results.
18 8(u)end delete
9 “Sustainable yield” means the maximum quantity of water,
10calculated over a base period representative of long-term conditions
11in the basin and including any temporary surplus, that can be
12withdrawn annually from a groundwater supply without causing
13an undesirable result.
23 14(v)end delete
15 “Undesirable result” means one or more of the following
16effects caused by groundwater conditions occurring throughout
18(1) Chronic lowering of groundwater levels indicating a
19significant and unreasonable depletion of supply if continued over
20the planning and implementation horizon. Overdraft during a period
21of drought is not sufficient to establish a chronic lowering of
22groundwater levels if extractions and recharge are managed as
23necessary to ensure that reductions in groundwater levels or storage
24during a period of drought are offset by increases in groundwater
25levels or storage during other periods.
26(2) Significant and unreasonable reduction of groundwater
28(3) Significant seawater intrusion.
29(4) Significant and unreasonable degraded water quality,
30including the migration of contaminant plumes that impair water
32(5) Significant land subsidence that
33substantially interferes with surface land uses.
34(6) Surface water depletions that have significant adverse impacts on beneficial
begin delete uses.end delete
5 37(w)end delete
38 “Water budget” means an accounting
of the total
39groundwater and surface water entering and leaving a basin
40including the changes in the amount of water stored.
8 P14 1(x)end delete
2 “Watermaster” means a watermaster appointed by a court
3or pursuant to other law.
10 4(y)end delete
5 “Water year” means the period from October 1 through the
6following September 30, inclusive.
12 7(z)end delete
8 “Wellhead protection area” means the surface and
9subsurface area surrounding a water well or well field that supplies
10a public water system through which contaminants are reasonably
11likely to migrate toward the water well or well field.
Unless other basin boundaries are established pursuant
16to this chapter, a basin’s boundaries shall be as identified in
(a) A local agency may request that the department
19revise the boundaries of a basin, including the establishment of
20new subbasins. A local agency’s request shall be supported by the
22(1) Information demonstrating that the proposed adjusted basin
23can be the subject of sustainable groundwater management.
24(2) Technical information regarding the boundaries of, and
25conditions in, the proposed adjusted basin.
26(3) Information demonstrating that the entity proposing the
27basin boundary adjustment consulted with interested local agencies
28and public water systems in the affected basins before filing the
29proposal with the department.
30(4) Other information the department deems necessary to justify
31revision of the basin’s boundary.
32(b) By January 1, 2016, the department shall
begin delete develop and publish regarding the information required
34to comply with subdivision (a),
begin delete as well asend delete the
35methodology and criteria to be used to evaluate the proposed
begin delete The guidelines, methodology, and
37pursuant to this subdivision are exempt from Chapter 3.5
38(commencing with Section 11340) of Part 1 of Division 3 of Title
392 of the Government Code.end delete
12(c) Methodology and criteria established pursuant to subdivision
13(b) shall address all of the following:
14(1) How to assess the likelihood that the proposed basin can be
16(2) How to assess whether the proposed basin would limit the
17sustainable management of adjacent basins.
18(3) How to assess whether there is a history of sustainable
19management of groundwater levels in the proposed basin.
20(d) Prior to adopting and finalizing the
begin delete guidelines,end delete
21 the department shall conduct three public meetings to consider
22public comments. The department shall publish the draft
begin delete guidelinesend delete
23 on its Internet Web site at least 30 days before the
24public meetings. One meeting shall be conducted at a location in
25northern California, one meeting shall be conducted at a location
26in the central valley of California, and one meeting shall be
27conducted at a location in southern California.
begin delete Upon adoption, the
28department shall publish the guidelines on its Internet Web site.end delete
29(e) The department shall provide a copy of its draft revision of
30a basin’s boundaries to the California Water Commission. The
31California Water Commission shall hear and comment on the draft
32revision within 60 days after the department provides the draft
33revision to the commission.
(a) Pursuant to Section 10933, for the purposes of
35this part the department shall categorize each basin as one of the
37(1) High priority.
38(2) Medium priority.
39(3) Low priority.
40(4) Very low priority.
P16 1(b) The initial priority for each basin shall be established by the
2department pursuant to Section 10933 no later than January 31,
4(c) Anytime the department updates Bulletin 118 boundaries
5pursuant to subdivision (b) of Section 12924, the department shall
6reassess the prioritization pursuant to Section 10933.
7(d) Anytime the department changes the basin priorities pursuant
8to Section 10933, if a basin is elevated to a medium- or
9high-priority basin after January 31, 2015, a local agency shall
10have two years from the date of reprioritization to either establish
11a groundwater sustainability agency pursuant to Chapter 4
12(commencing with Section 10723) and five years from the date of
13reprioritization to adopt a groundwater sustainability plan pursuant
14to Chapter 6 (commencing with Section 10727) or two years to
15satisfy the requirements of Section 10733.6.
(a) Except as provided in subdivision (c), any local
21agency or combination of local agencies overlying a groundwater
22basin may elect to be a groundwater sustainability agency for that
24(b) Before electing to be a groundwater sustainability agency,
25and after publication of notice pursuant to Section 6066 of the
26Government Code, the local agency or agencies shall hold a public
27hearing in the county or counties overlying the basin.
28(c) (1) Except as provided in paragraph (2), the following
29agencies created by statute to manage groundwater shall be deemed
30the exclusive local agencies within their respective statutory
31boundaries with powers to comply with this part:
24 35(A)end delete
36 Desert Water Agency.
25 37(B)end delete
38 Fox Canyon Groundwater Management Agency.
26 39(C)end delete
40 Honey Lake Valley Groundwater Management District.
27 P17 1(D)end delete
2 Long Valley Groundwater Management District.
28 3(E)end delete
4 Mendocino City Community Services District.
29 5(F)end delete
6 Mono County Tri-Valley Groundwater Management
30 8(G)end delete
9 Monterey Peninsula Water Management District.
31 10(H)end delete
11 Ojai Groundwater Management Agency.
32 12(I)end delete
13 Orange County Water District.
33 14(J)end delete
15 Pajaro Valley Water Management Agency.
34 16(K)end delete
17 Santa Clara Valley Water District.
35 18(L)end delete
19 Sierra Valley Water District.
36 20(M)end delete
21 Willow Creek Groundwater Management Agency.
22(2) An agency identified in this subdivision may elect to opt
23out of being the exclusive groundwater management agency within
24its statutory boundaries by sending a notice to the department,
25which shall be posted pursuant to Section 10733.3. If an agency
26identified in paragraph (1) elects to opt out of being the exclusive
27groundwater management agency, any other local agency or
28combination of local agencies operating within the statutory
29boundaries of the agency that has elected to opt out may notify the
30department pursuant to subdivision (d) of its election to be the
31groundwater sustainability agency.
32(3) A local agency listed in paragraph (1) may comply with this
33part by meeting the requirements of Section 10733.6 or electing
34to become a groundwater sustainability agency pursuant to this
35section. A local agency with authority to implement a basin-specific
36management plan pursuant to its principal act shall not exercise
37any authorities granted in this part in a manner inconsistent with
38any prohibitions or limitations in its principal act unless the
39governing board of the local agency makes a finding that the
P18 1agency is unable to sustainably manage the basin without the
3(d) A local agency or combination of local agencies that elects
4to be the groundwater sustainability agency shall submit a notice
5of intent to the department, which shall be posted pursuant to
6Section 10733.3. The notice of intent shall include a description
7of the proposed boundaries of the basin or portion of the basin that
8the local agency or combination of local agencies intends to
9manage pursuant to this part.
The groundwater sustainability agency shall consider
11the interests of all beneficial uses and users of groundwater, as
12well as those responsible for implementing groundwater
13sustainability plans. These interests include, but are not limited to,
14all of the following:
15(a) Holders of overlying groundwater rights, including:
16(1) Agricultural users.
17(2) Domestic well owners.
18(b) Municipal well operators.
19(c) Public water systems.
20(d) Local land use planning agencies.
21(e) Environmental users of groundwater.
22(f) Surface water users, if there is a hydrologic connection
23between surface and groundwater bodies.
24(g) The federal government, including, but not limited to, the
25military and managers of federal lands.
26(h) California Native American tribes.
27(i) Disadvantaged communities, including, but not limited to,
28those served by private domestic wells or small community water
The groundwater sustainability agency shall establish
34and maintain a list of persons interested in receiving notices
35regarding plan preparation, meeting announcements, and
36availability of draft plans, maps, and other relevant documents.
37Any person may request, in writing, to be placed on the list of
A combination of local agencies may form a
2groundwater sustainability agency by using any of the following
13 4(a)end delete
5 A joint powers agreement.
14 6(b)end delete
7 A memorandum of agreement or other legal agreement.
(a) Within 30 days of electing to be or forming a
12groundwater sustainability agency, the groundwater sustainability
13agency shall inform the department of its election or formation
14and its intent to undertake sustainable groundwater management.
15The notification shall include the following information, as
17(1) The service area boundaries, the basin the agency is
18managing, and the other groundwater sustainability agencies
19operating within the basin.
20(2) A copy of the resolution forming the new agency.
21(3) A copy of any new bylaws, ordinances, or new authorities
22adopted by the local agency.
23(4) A list of interested parties developed pursuant to Section
2410723.2 and an explanation of how their interests will be
25considered in the development and operation of the groundwater
26sustainability agency and the development and implementation of
27the agency’s sustainability plan.
28(b) Except as provided in subdivision (d), 90 days following
29the posting of the notice pursuant to this section, the groundwater
30sustainability agency shall be presumed the exclusive groundwater
31sustainability agency within the area of the basin the agency is
32managing as described in the
begin delete notice.end delete
34(c) A groundwater sustainability agency may withdraw from
35managing a basin by notifying the department in writing of its
36intent to withdraw.
37(d) This section does not preclude the board from taking an
38action pursuant to Section 10735.6.
39(e) The department shall post all notices received under this
40section in accordance with Section 10733.3.
(a) In the event that there is an area within a basin that
2is not within the management area of a groundwater sustainability
3agency, the county within which that unmanaged area lies will be
4presumed to be the groundwater sustainability agency for that area.
5(b) A county described in subdivision (a) shall provide
6notification to the department pursuant to Section 10723.8 unless
7the county notifies the department that it will not be the
8groundwater sustainability agency for the area. Extractions of
9groundwater made on or after
begin delete Januaryend delete 1, 2017, in that area
10shall be subject to reporting in accordance with Part 5.2
11(commencing with Section 5200) of Division 2 if the county does
12either of the following:
13(1) Notifies the department that it will not be the groundwater
14sustainability agency for an area.
15(2) Fails to provide notification to the department pursuant to
16Section 10723.8 for an area on or before
begin delete January 1,end delete 2017.
(a) A groundwater sustainability agency may exercise
21any of the powers described in this chapter in implementing this
22part, in addition to, and not as a limitation on, any existing
23authority, if the groundwater sustainability agency adopts and
24submits to the department a groundwater sustainability plan or
25prescribed alternative documentation in accordance with Section
27(b) A groundwater sustainability agency has and may use the
28powers in this chapter to provide the maximum degree of local
29control and flexibility consistent with the sustainability goals of
(a) A groundwater sustainability agency may perform
32any act necessary or proper to carry out the purposes of this part.
33(b) A groundwater sustainability agency may adopt rules,
34regulations, ordinances, and resolutions for the purpose of this
35part, in compliance with any procedural requirements applicable
36to the adoption of a rule, regulation, ordinance, or resolution by
37the groundwater sustainability agency.
38(c) In addition to any other applicable procedural requirements,
39the groundwater sustainability agency shall provide notice of the
40proposed adoption of the groundwater sustainability plan on its
P21 1Internet Web site and provide for electronic notice to any person
2who requests electronic notification.
(a) A groundwater sustainability agency may conduct
4an investigation for the purposes of this part, including, but not
5limited to, investigations for the following:
6(1) To determine the need for groundwater management.
7(2) To prepare and adopt a groundwater sustainability plan and
8implementing rules and regulations.
9(3) To propose and update fees.
10(4) To monitor compliance and enforcement.
11(b) An investigation may include surface waters and surface
12water rights as well as groundwater and groundwater rights.
13(c) In connection with an investigation, a groundwater
14sustainability agency may inspect the property or facilities of a
15person or entity to ascertain whether the purposes of this part are
16being met and compliance with this part. The local agency may
17conduct an inspection pursuant to this section upon obtaining any
18necessary consent or obtaining an inspection warrant pursuant to
19the procedure set forth in Title 13 (commencing with Section
201822.50) of Part 3 of the Code of Civil Procedure.
A groundwater sustainability agency may require
22registration of a groundwater extraction facility within the
23management area of the groundwater sustainability agency.
(a) A groundwater sustainability agency may require
25through its groundwater sustainability plan that the use of every
26groundwater extraction facility within the management area of the
27groundwater sustainability agency be measured by a
28water-measuring device satisfactory to the groundwater
30(b) All costs associated with the purchase and installation of
31the water-measuring device shall be borne by the owner or operator
32of each groundwater extraction facility. The water measuring
33devices shall be installed by the groundwater sustainability agency
34or, at the groundwater sustainability agency’s option, by the owner
35or operator of the groundwater extraction facility. Water-measuring
36devices shall be calibrated on a reasonable schedule as may be
37determined by the groundwater sustainability agency.
38(c) A groundwater sustainability agency may require, through
39its groundwater sustainability plan, that the owner or operator of
40a groundwater extraction facility within the groundwater
P22 1sustainability agency file an annual statement with the groundwater
2sustainability agency setting forth the total extraction in acre-feet
3of groundwater from the facility during the previous water year.
4(d) In addition to the measurement of groundwater extractions
5pursuant to subdivision (a), a groundwater sustainability agency
6may use any other reasonable method to determine groundwater
8(e) This section does not apply to de minimis extractors.
An entity within the area of a groundwater sustainability
10plan shall report the diversion of surface water to underground
11storage to the groundwater sustainability agency for the relevant
12portion of the basin.
A groundwater sustainability agency may do the
15(a) Acquire by grant, purchase, lease, gift, devise, contract,
16construction, or otherwise, and hold, use, enjoy, sell, let, and
17dispose of, real and personal property of every kind, including
18lands, water rights, structures, buildings, rights-of-way, easements,
19and privileges, and construct, maintain, alter, and operate any and
20all works or improvements, within or outside the agency, necessary
21or proper to carry out any of the purposes of this part.
22(b) Appropriate and acquire surface water or groundwater and
23surface water or groundwater rights, import surface water or
24groundwater into the agency, and conserve and store within or
25outside the agency that water for any purpose necessary or proper
26to carry out the provisions of this part, including, but not limited
27to, the spreading, storing, retaining, or percolating into the soil of
28the waters for subsequent use or in a manner consistent with the
29provisions of Section 10727.2. As part of this authority, the agency
30shall not alter another person’s or agency’s existing groundwater
31conjunctive use or storage program except upon a finding that the
32conjunctive use or storage program interferes with implementation
33of the agency’s groundwater sustainability plan.
34(c) Provide for a program of voluntary fallowing of agricultural
35lands or validate an existing program.
36(d) Perform any acts necessary or proper to enable the agency
37to purchase, transfer, deliver, or exchange water or water rights of
38any type with any person that may be necessary or proper to carry
39out any of the purposes of this part, including, but not limited to,
40providing surface water in exchange for a groundwater extractor’s
P23 1agreement to reduce or cease groundwater extractions. The agency
2shall not deliver retail water supplies within the service area of a
3public water system without either the consent of that system or
4authority under the agency’s existing authorities.
5(e) Transport, reclaim, purify, desalinate, treat, or otherwise
6manage and control polluted water, wastewater, or other waters
7for subsequent use in a manner that is necessary or proper to carry
8out the purposes of this part.
9(f) Commence, maintain, intervene in, defend, compromise,
10and assume the cost and expenses of any and all actions and
(a) A groundwater sustainability agency shall have
13the following additional authority and may regulate groundwater
14extraction using that authority:
15(1) To impose spacing requirements on new groundwater well
16construction to minimize well interference and impose reasonable
17operating regulations on existing groundwater wells to minimize
18well interference, including requiring extractors to operate on a
20(2) To control groundwater extractions by regulating, limiting,
21or suspending extractions from individual groundwater wells or
22extractions from groundwater wells in the aggregate, construction
23of new groundwater wells, enlargement of existing groundwater
24wells, or reactivation of abandoned groundwater wells, or otherwise
25establishing groundwater extraction allocations. A limitation on
26extractions by a groundwater sustainability agency shall not be
27construed to be a final determination of rights to extract
28groundwater from the basin or any portion of the basin.
29(3) To authorize temporary and permanent transfers of
30groundwater extraction allocations within the agency’s boundaries,
31if the total quantity of groundwater extracted in any water year is
32consistent with the provisions of the groundwater sustainability
33plan. The transfer is subject to applicable city and county
35(4) To establish accounting rules to allow unused groundwater
36extraction allocations issued by the agency to be carried over from
37one year to another and voluntarily transferred, if the total quantity
38of groundwater extracted in any five-year period is consistent with
39the provisions of the groundwater sustainability plan.
P24 1(b) This section does not authorize a groundwater sustainability
2agency to issue permits for the construction, modification, or
3abandonment of groundwater wells, except as authorized by a
4county with authority to issue those permits. A groundwater
5sustainability agency may request of the county, and the county
6shall consider, that the county forward permit requests for the
7construction of new groundwater wells, the enlarging of existing
8groundwater wells, and the reactivation of abandoned groundwater
9wells to the groundwater sustainability agency before permit
(a) A groundwater sustainability agency that adopts
12a groundwater sustainability plan may file an action to determine
13the validity of the plan pursuant to Chapter 9 (commencing with
14Section 860) of Title 10 of Part 2 of the Code of Civil Procedure
15no sooner than 180 days following the adoption of the plan.
16(b) Subject to Sections 394 and 397 of the Code of Civil
17Procedure, the venue for an action pursuant to this section shall
18be the county in which the principal office of the groundwater
19management agency is located.
20(c) Any judicial action or proceeding to attack, review, set aside,
21void, or annul the ordinance or resolution imposing a new, or
22increasing an existing, fee imposed pursuant to Section 10730,
2310730.2, or 10730.4 shall be commenced within 180 days following
24the adoption of the ordinance or resolution.
25(d) Any person may pay a fee imposed pursuant to Section
2610730, 10730.2, or 10730.4 under protest and bring an action
27against the governing body in the superior court to recover any
28money that the governing body refuses to refund. Payments made
29and actions brought under this section shall be made and brought
30in the manner provided for the payment of taxes under protest and
31actions for refund of that payment in Article 2 (commencing with
32Section 5140) of Chapter 5 of Part 9 of Division 1 of the Revenue
33and Taxation Code, as applicable.
34(e) Except as otherwise provided in this section, actions by a
35groundwater sustainability agency are subject to judicial review
36pursuant to Section 1085 of the Code of Civil Procedure.
(a) This part is in addition to, and not a limitation
38on, the authority granted to a local agency under any other law.
39The local agency may use the local agency’s authority under any
P25 1other law to apply and enforce any requirements of this part,
2including, but not limited to, the collection of fees.
14 6(b)end delete
7 Nothing in this part is a limitation on the authority of the
8board, the department, or the State Department of Public Health.
16 9(c)end delete
10 Notwithstanding Section 6103 of the Government Code, a
11state or local agency that extracts groundwater shall be subject to
12a fee imposed under this part to the same extent as any
21 14(d)end delete
15 Except as provided in subdivision
begin delete (c),end delete this part does not
16authorize a local agency to impose any requirement on the state
17or any agency, department, or officer of the state. State agencies
18and departments shall work cooperatively with a local agency on
19a voluntary basis.
26 20(e)end delete
21 Nothing in a
groundwater sustainability plan shall be
22interpreted as superseding the land use authority of cities and
(a) A groundwater sustainability plan shall be
28developed and implemented for each medium- or high-priority
29basin by a groundwater sustainability agency to meet the
30sustainability goal established pursuant to this part. The
31groundwater sustainability plan may incorporate, extend, or be
32based on a plan adopted pursuant to Part 2.75 (commencing with
34(b) A groundwater sustainability plan may be any of the
36(1) A single plan covering the entire basin developed and
37implemented by one groundwater sustainability agency.
38(2) A single plan covering the entire basin developed and
39implemented by multiple groundwater sustainability agencies.
P26 1(3) Subject to Section 10727.6, multiple plans implemented by
2multiple groundwater sustainability agencies and coordinated
3pursuant to a single coordination agreement that covers the entire
A groundwater sustainability plan shall include all
6of the following:
7(a) A description of the physical setting and characteristics of
8the aquifer system underlying the basin that includes the following:
9(1) Historical data, to the extent available.
10(2) Groundwater levels, groundwater quality, subsidence, and
11groundwater-surface water interaction.
12(3) A general discussion of historical and projected water
13demands and supplies.
14(4) A map that details the area of the basin and the boundaries
15of the groundwater sustainability agencies that overlie the basin
16that have or are developing groundwater sustainability plans.
17(5) A map identifying existing and potential recharge areas for
18the basin. The map or maps shall identify the existing recharge
19areas that substantially contribute to the replenishment of the
20groundwater basin. The map or maps shall be provided to the
21appropriate local planning agencies after adoption of the
22groundwater sustainability plan.
23(b) (1) Measurable objectives, as well as interim milestones in
24increments of five years, to achieve the sustainability goal in the
25basin within 20 years of the implementation of the plan.
26(2) A description of how the plan helps meet each objective and
27how each objective is intended to achieve the sustainability goal
28for the basin for long-term beneficial uses of groundwater.
29(3) (A) Notwithstanding paragraph (1), at the request of the
30groundwater sustainability agency, the department may grant an
31extension of up to 5 years beyond the 20-year sustainability
32timeframe upon a showing of good cause. The department may
33grant a second extension of up to five years upon a showing of
34good cause if the groundwater sustainability agency has begun
35implementation of the work plan described in clause (iii) of
37(B) The department may grant an extension pursuant to this
38paragraph if the groundwater sustainability agency does all of the
40(i) Demonstrates a need for an extension.
P27 1(ii) Has made progress toward meeting the sustainability goal
2as demonstrated by its progress at achieving the milestones
3identified in its groundwater sustainability plan.
4(iii) Adopts a feasible work plan for meeting the sustainability
5goal during the extension period.
6(4) The plan may, but is not required to, address undesirable
7results that occurred before, and have not been corrected by,
8January 1, 2015. Notwithstanding paragraphs (1) to (3), inclusive,
9a groundwater sustainability agency has discretion as to whether
10to set measurable objectives and the timeframes for achieving any
11objectives for undesirable results that occurred before, and have
12not been corrected by, January 1, 2015.
13(c) A planning and implementation horizon.
14(d) Components relating to the following, as applicable to the
16(1) The monitoring and management of groundwater levels
17within the basin.
18(2) The monitoring and management of groundwater quality,
19groundwater quality degradation, inelastic land surface subsidence,
20and changes in surface flow and surface water quality that directly
21affect groundwater levels or quality or are caused by groundwater
22extraction in the basin.
23(3) Mitigation of overdraft.
24(4) How recharge areas identified in the plan substantially
25contribute to the replenishment of the basin.
26(5) A description of surface water supply used or available for
27use for groundwater recharge or in-lieu use.
28(e) A summary of the type of
monitoring sites, type of
29measurements, and the frequency of monitoring for each location
30monitoring groundwater levels, groundwater quality, subsidence,
31streamflow, precipitation, evaporation, and tidal influence. The
32plan shall include a summary of monitoring information such as
33well depth, screened intervals, and aquifer zones monitored, and
34a summary of the type of well relied on for the information,
35including public, irrigation, domestic, industrial, and monitoring
37(f) Monitoring protocols that are designed to detect changes in
38groundwater levels, groundwater quality, inelastic surface
39subsidence for basins for which subsidence has been identified as
40a potential problem, and flow and quality of surface water that
P28 1directly affect groundwater levels or quality or are caused by
2groundwater extraction in the basin. The monitoring protocols
3shall be designed to generate information that promotes efficient
4and effective groundwater management.
5(g) A description of the consideration given to the applicable
6county and city general plans and a description of the various
7adopted water resources-related plans and programs within the
8basin and an assessment of how the groundwater sustainability
9plan may affect those plans.
In addition to the requirements of Section 10727.2,
11a groundwater sustainability plan shall include, where appropriate
12and in collaboration with the appropriate local agencies, all of the
14(a) Control of saline water intrusion.
15(b) Wellhead protection areas and recharge areas.
16(c) Migration of contaminated groundwater.
17(d) A well abandonment and well destruction program.
18(e) Replenishment of groundwater extractions.
implementing, opportunities for, and removing
20impediments to, conjunctive use or underground storage.
21(g) Well construction policies.
22(h) Measures addressing groundwater contamination cleanup,
23recharge, diversions to storage, conservation, water recycling,
24conveyance, and extraction projects.
25(i) Efficient water management practices, as defined in Section
2610902, for the delivery of water and water conservation methods
27to improve the efficiency of water use.
28(j) Efforts to develop relationships with state and federal
30(k) Processes to review land use plans and efforts to coordinate
31with land use planning agencies to assess activities that potentially
32create risks to groundwater quality or quantity.
33(l) Impacts on groundwater dependent ecosystems.
Groundwater sustainability agencies intending to
35develop and implement multiple groundwater sustainability plans
36pursuant to paragraph (3) of subdivision (b) of Section 10727 shall
37coordinate with other agencies preparing a groundwater
38sustainability plan within the basin to ensure that the plans utilize
39the same data and methodologies for the following assumptions
40in developing the plan:
P29 1(a) Groundwater elevation data.
2(b) Groundwater extraction data.
3(c) Surface water supply.
4(d) Total water use.
5(e) Change in groundwater storage.
6(f) Water budget.
7(g) Sustainable yield.
Prior to initiating the development of a
9groundwater sustainability plan, the groundwater sustainability
10agency shall make available to the public and the department a
11written statement describing the manner in which interested parties
12may participate in the development and implementation of the
13groundwater sustainability plan. The groundwater sustainability
14agency shall provide the written statement to the legislative body
15of any city, county, or city and county located within the
16geographic area to be covered by the plan. The groundwater
17sustainability agency may appoint and consult with an advisory
18committee consisting of interested parties for the purposes of
19developing and implementing a groundwater sustainability plan.
20The groundwater sustainability agency shall encourage the active
21involvement of diverse social, cultural, and economic elements of
22the population within the groundwater basin prior to and during
23the development and implementation of the groundwater
On the April 1 following the adoption of a groundwater
30sustainability plan and annually thereafter, a groundwater
31sustainability agency shall submit a report to the department
32containing the following information about the basin managed in
33the groundwater sustainability plan:
34(a) Groundwater elevation data.
35(b) Annual aggregated data identifying groundwater extraction
36for the preceding water year.
37(c) Surface water supply used for or available for use for
38groundwater recharge or in-lieu use.
39(d) Total water use.
40(e) Change in groundwater storage.
A groundwater sustainability agency shall periodically
2evaluate its groundwater sustainability plan, assess changing
3conditions in the basin that may warrant modification of the plan
4or management objectives, and may adjust components in the plan.
5An evaluation of the plan shall focus on determining whether the
6actions under the plan are meeting the plan’s management
7objectives and whether those objectives are meeting the
8sustainability goal in the basin.
A groundwater sustainability agency may adopt or
10amend a groundwater sustainability plan after a public hearing,
11held at least 90 days after providing notice to a city or county
12within the area of the proposed plan or amendment. The
13groundwater sustainability agency shall review and consider
14comments from any city or county that receives notice pursuant
15to this section and shall consult with a city or county that requests
16consultation within 30 days of receipt of the notice. Nothing in
17this section is intended to preclude an agency and a city or county
18from otherwise consulting or commenting regarding the adoption
19or amendment of a plan.
Division 13 (commencing with Section 21000) of the
21Public Resources Code does not apply to the preparation and
22adoption of plans pursuant to this chapter. Nothing in this part
23shall be interpreted as exempting from Division 13 (commencing
24with Section 21000) of the Public Resources Code a project that
25would implement actions taken pursuant to a plan adopted pursuant
26to this chapter.
Section 10750.1 is added to the Water Code, to read:
(a) Beginning January 1, 2015, a new plan shall not
29be adopted and an existing plan shall not be renewed pursuant to
30this part, except as provided in subdivision (b). A plan adopted
31before January 1, 2015, shall remain in effect until a groundwater
32sustainability plan is adopted pursuant to Part 2.74 (commencing
33with Section 10720).
34(b) This section does not apply to a low- or very low priority
35basin as categorized for the purposes of Part 2.74 (commencing
36with Section 10720).
37(c) This section does not apply to a plan submitted as an
38alternative pursuant to Section 10733.6, unless the department has
39not determined that the alternative satisfies the objectives of Part
402.74 (commencing with Section 10720) on or before January 31,
P31 12020, or the department later determines that the plan does not
2satisfy the objectives of that part.
Section 10927 of the Water Code is amended to read:
Any of the following entities may assume responsibility
5for monitoring and reporting groundwater elevations in all or a
6part of a basin or subbasin in accordance with this part:
7(a) A watermaster or water management engineer appointed by
8a court or pursuant to statute to administer a final judgment
9determining rights to groundwater.
10(b) (1) A groundwater management agency with statutory
11authority to manage groundwater pursuant to its principal act that
12is monitoring groundwater elevations in all or a part of a
13groundwater basin or subbasin on or before January 1, 2010.
14(2) A water replenishment district established pursuant to
15Division 18 (commencing with Section 60000). This part does not
16expand or otherwise affect the authority of a water replenishment
17district relating to monitoring groundwater elevations.
18(3) A groundwater sustainability agency with statutory authority
19to manage groundwater pursuant to Part 2.74 (commencing with
21(c) A local agency that is managing all or part of a groundwater
22basin or subbasin pursuant to Part 2.75 (commencing with Section
2310750) and that was monitoring groundwater elevations in all or
24a part of a groundwater basin or subbasin on or before January 1,
252010, or a local agency or county that is managing all or part of a
26groundwater basin or subbasin pursuant to any other legally
27enforceable groundwater management plan with provisions that
28are substantively similar to those described in that part and that
29was monitoring groundwater elevations in all or a part of a
30 groundwater basin or subbasin on or before January 1, 2010.
31(d) A local agency that is managing all or part of a groundwater
32basin or subbasin pursuant to an integrated regional water
33management plan prepared pursuant to Part 2.2 (commencing with
34Section 10530) that includes a groundwater management
35component that complies with the requirements of Section 10753.7.
36(e) A local agency that has been collecting and reporting
37groundwater elevations and that does not have an adopted
38groundwater management plan, if the local agency adopts a
39groundwater management plan in accordance with Part 2.75
40(commencing with Section 10750) by January 1, 2014. The
P32 1department may authorize the local agency to conduct the
2monitoring and reporting of groundwater elevations pursuant to
3this part on an interim basis, until the local agency adopts a
4groundwater management plan in accordance with Part 2.75
5 (commencing with Section 10750) or until January 1, 2014,
6whichever occurs first.
7(f) A county that is not managing all or a part of a groundwater
8basin or subbasin pursuant to a legally enforceable groundwater
9management plan with provisions that are substantively similar to
10those described in Part 2.75 (commencing with Section 10750).
11(g) A voluntary cooperative groundwater monitoring association
12formed pursuant to Section 10935.
Section 10933 of the Water Code is amended to read:
(a) The department shall commence to identify the
15extent of monitoring of groundwater elevations that is being
16undertaken within each basin and subbasin.
begin delete(1)end delete begin delete end deleteThe department shall prioritize groundwater basins and
18subbasins for the purpose of implementing this section. In
19prioritizing the basins and subbasins, the department shall, to the
20extent data are available, consider all of the following:
23 21(A)end delete
22 The population overlying the basin or subbasin.
24 23(B)end delete
24 The rate of current and projected growth of the population
25overlying the basin or subbasin.
26 26(C)end delete
27 The number of public supply wells that draw from the basin
28 29(D)end delete
30 The total number of wells that draw from the basin or
30 32(E)end delete
33 The irrigated acreage overlying the basin or subbasin.
31 34(F)end delete
35 The degree to which persons overlying the basin or subbasin
36rely on groundwater as their primary source of water.
33 37(G)end delete
38 Any documented impacts on the groundwater within the
39basin or subbasin, including overdraft, subsidence, saline intrusion,
40and other water quality degradation.
36 P33 1(H)end delete
2 Any other information determined to be relevant by the
begin delete department.end delete
5(2) The department, in consultation with the Department of Fish
6and Wildlife, shall identify and develop prioritization criteria for
7the purpose of identifying groundwater basins and subbasins that
8should be prioritized based on adverse impacts to habitat and
9surface water resources. These criteria shall be incorporated into
10the determination of basin and subbasin prioritization at the
11department’s next update of basin and subbasin prioritizations that
12occurs after January 1, 2017.
13(c) If the department determines that all or part of a basin or
14subbasin is not being monitored pursuant to this part, the
15department shall do all of the following:
16(1) Attempt to contact all well owners within the area not being
18(2) Determine if there is an interest in establishing any of the
20(A) A groundwater management plan pursuant to Part 2.75
21(commencing with Section 10750).
22(B) An integrated regional water management plan pursuant to
23Part 2.2 (commencing with Section 10530) that includes a
24groundwater management component that complies with the
25requirements of Section 10753.7.
26(C) A voluntary
groundwater monitoring association pursuant
27to Section 10935.
28(d) If the department determines that there is sufficient interest
29in establishing a plan or association described in paragraph (2) of
30subdivision (c), or if the county agrees to perform the groundwater
31monitoring functions in accordance with this part, the department
32shall work cooperatively with the interested parties to comply with
33the requirements of this part within two years.
34(e) If the department determines, with regard to a basin or
35subbasin, that there is insufficient interest in establishing a plan
36or association described in paragraph (2) of subdivision (c), and
37if the county decides not to perform the groundwater monitoring
38and reporting functions of this part, the department shall do all of
P34 1(1) Identify any existing monitoring
wells that overlie the basin
2or subbasin that are owned or operated by the department or any
3other state or federal agency.
4(2) Determine whether the monitoring wells identified pursuant
5to paragraph (1) provide sufficient information to demonstrate
6seasonal and long-term trends in groundwater elevations.
7(3) If the department determines that the monitoring wells
8identified pursuant to paragraph (1) provide sufficient information
9to demonstrate seasonal and long-term trends in groundwater
10elevations, the department shall not perform groundwater
11monitoring functions pursuant to Section 10933.5.
12(4) If the department determines that the monitoring wells
13identified pursuant to paragraph (1) provide insufficient
14information to demonstrate seasonal and long-term trends in
15groundwater elevations, the department shall perform groundwater
16monitoring functions pursuant to Section 10933.5.
Section 12924 of the Water Code is amended to read:
(a) The department, in conjunction with other public
19agencies, shall conduct an investigation of the state’s groundwater
20basins. The department shall identify the state’s groundwater basins
21on the basis of geological and hydrological conditions and
22consideration of political boundary lines whenever practical. The
23department shall also investigate existing general patterns of
24groundwater extraction and groundwater recharge within those
25basins to the extent necessary to identify basins that are subject to
26critical conditions of overdraft.
27(b) The department may revise the boundaries of groundwater
28basins identified in subdivision (a) based on its own investigations
29or information provided by others.
30(c) The department shall report its findings to the Governor and
31the Legislature not later than January 1, 2012, and thereafter in
32years ending in 5 or 0.
The provisions of this act are severable. If any
34provision of this act or its application is held invalid, that invalidity
35shall not affect other provisions or applications that can be given
36effect without the invalid provision or application.
No reimbursement is required by this act pursuant to
38Section 6 of Article XIII B of the California Constitution because
39the only costs that may be incurred by a local agency or school
40district will be incurred because this act creates a new crime or
P35 1infraction, eliminates a crime or infraction, or changes the penalty
2for a crime or infraction, within the meaning of Section 17556 of
3the Government Code, or changes the definition of a crime within
4the meaning of Section 6 of Article XIII B of the California
This act shall only become operative if Assembly
7Bill 1739 of the 2013-14 Regular Session is enacted and becomes