BILL ANALYSIS Ó
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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BILL NO: SB 1168 HEARING DATE: April 22, 2014
AUTHOR: Pavley URGENCY: No
VERSION: April 10, 2014 CONSULTANT: Dennis O'Connor
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Groundwater Management.
BACKGROUND AND EXISTING LAW
California is the only state without a mandatory statewide
system of groundwater management. That isn't to say there isn't
any groundwater management in California; some of California's
groundwater basins are sustainably managed. However, many are
not.
A number of different entities may manage some aspect of
groundwater in California. These include:
Special Districts - many types of special districts have some
groundwater related authorities under the water code and other
statutes. Such districts include county water districts,
municipal utility districts, community service districts, and
water replenishment districts.
Special Act Districts - the legislature has created a number
of special districts whose specific purpose is to manage one
groundwater basin or another. These include agencies such as
the Orange County Water District and Fox Canyon Groundwater
Management Agency.
Court Appointed Watermasters - in an adjudication, the court
determines who has rights to pump from the groundwater basin,
how much they can pump, etc. The court also typically
appoints someone to be the "Watermaster" whose job is to
ensure that the basin is managed in accordance with the
court's decree.
Cities and Counties - the courts have held that cities and
counties, under their general police powers, have the
authority to enact ordinances regarding groundwater. More
than 20 counties have done so, generally addressing issues
such as banning transfers of groundwater out of the county.
Counties also issue drilling permits for water wells.
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The powers to manage groundwater vary. In most special act
districts, the authorizing act allows the agency to require
groundwater users to report their extractions to the agency, who
can then levy fees for groundwater management or water supply
replenishment. Some acts also provide the special district the
authority to limit exports and extractions.
For most non-special act districts, the authority to manage
groundwater derives from what is commonly referred to as AB 3030
(WC §§10750 et seq.). AB 3030 allows, but does not require,
certain defined existing local agencies to develop groundwater
management plans in defined groundwater basins and subbasins.
An AB 3030 plan can be developed only after a public hearing
and adoption of a resolution of intention to adopt a
groundwater management plan. If landowners representing more
than 50% of the assessed value of lands within the proposed
district do not protest the plan, the plan can be adopted
within 35 days. If landowners representing a majority of the
assessed value in the proposed district oppose the plan,
cannot be adopted and no new plan may be attempted for 1 year.
AB 3030 plans cannot be adopted in adjudicated basins or in
basins where groundwater is managed under other sections of
the Water Code without the permission of the court or the
other agency.
Once the plan is adopted, rules and regulations must be
adopted to implement the program called for in the plan. Many
plans that have been adopted are relatively simple and in some
cases are a means of defining boundaries.
There are 149 adopted AB 3030 plans.
If a local agency wishes to receive state funds administered by
the Department of Water Resources (DWR) for groundwater projects
or for other projects that directly affect groundwater levels or
quality, the local agency must have an AB 3030 plan or
equivalent groundwater management plan meets specific
requirements. These requirements are sometimes known as "SB
1938 requirements." To meet the SB 1938 requirements, a local
agency must:
Prepare and implement a groundwater management plan that
includes basin management objectives for the groundwater basin
that is subject to the plan. The plan must include components
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relating to the monitoring and management of groundwater
levels, groundwater quality degradation, inelastic land
surface subsidence, and changes in surface flow and surface
water quality that directly affect groundwater levels or
quality or are caused by groundwater pumping in the basin.
Prepare a plan that enables the local agency to work
cooperatively with other public entities whose service area or
boundary overlies the groundwater basin.
Prepare a map that details the area of the groundwater basin
and the area of the local agency that will be subject to the
plan, as well as the boundaries of other local agencies that
overlie the basin in which the agency is developing a
groundwater management plan.
Adopt monitoring protocols that are designed to detect changes
in groundwater levels, groundwater quality, inelastic surface
subsidence for basins for which subsidence has been identified
as a potential problem, and flow and quality of surface water
that directly affect groundwater levels or quality or are
caused by groundwater pumping in the basin. The monitoring
protocols must be designed to generate information that
promotes efficient and effective groundwater management.
For areas outside delineated groundwater basins, local
agencies are required to prepare plans using use geologic and
hydrologic principles appropriate to those areas.
This January, the Governor released his final California Water
Action Plan (CWAP). Among the many initiatives in the CWAP is a
call to improve sustainable groundwater management:
"Groundwater is a critical buffer to the impacts of prolonged
dry periods and climate change on our water system. The
administration will work with the Legislature to ensure that
local and regional agencies have the incentives, tools,
authority and guidance to develop and enforce local and
regional management plans that protect groundwater elevations,
quality, and surface water-groundwater interactions. The
administration will take steps, including sponsoring
legislation, if necessary, to define local and regional
responsibilities and to give local and regional agencies the
authority to manage groundwater sustainably and ensure no
groundwater basin is in danger of being permanently damaged by
over drafting. When a basin is at risk of permanent damage,
and local and regional entities have not made sufficient
progress to correct the problem, the state should protect the
basin and its users until an adequate local program is in
place."
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PROPOSED LAW
This bill would establish the statutory framework for a new
Sustainable Groundwater Management Act. The Act states the
intent of the Legislature in enacting this Act would be that:
All groundwater basins and subbasins be managed sustainably by
local entities pursuant to an adopted sustainable groundwater
management plan.
Attention to develop, adopt, and implement a sustainable
groundwater management plan be directed first to high and
medium priority groundwater basins and subbasins.
Upon a finding of compelling state interest, the state would
have recourse to cause a sustainable groundwater management
plan to be developed, adopted, and implemented where local
interests either cannot or will not do so themselves.
ARGUMENTS IN SUPPORT
According to the author, "Even though the Legislature has put in
place a number of tools to facilitate effective groundwater
management (such as AB 3030 plans, SB 1938 requirements, Special
Act Districts, etc,) we still have significant parts of the
state that do not have effective groundwater management. This
lack of management is leading to:
Subsidence and damage to public infrastructure such as
both the SWP and CVP aqueducts,
Local wells going dry,
Further degradation of groundwater water quality,
Rivers "losing" water that formerly supported anadromous
fish and other species of concern,
And the list goes on."
"The Governor office, ACWA, California Water Foundation,
environmental organizations, just about everyone seems working
on a revamping of groundwater management. The Governor's office
has also said that he wants to enact any statutory changes
necessary to improve groundwater management through trailer bill
language as a part of May Revise."
"I have been working closely with the California Water
Foundation and the Governor's office to ensure that SB 1168
reflects the current status of those various discussions. That
way, should the Governor's efforts through the budget not be
successful, SB 1168 will be available as a vehicle for further
discussions."
ARGUMENTS IN OPPOSITION: None Received
COMMENTS
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Time May Be Ripe For Action. The administration held a workshop
on April 16, 2014, to hear from a variety of stakeholder groups
their proposals for a new approach to groundwater management in
California. There were formal presentations from the following:
Lester Snow, Executive Director, California Water Foundation
Tim Quinn, Executive Director, Association of California Water
Agencies and
David Orth, General Manager, Kings River Conservation
District; Vice-Chair, Groundwater Sustainability Task Force,
Association of California Water Agencies
Robert Reeb, Executive Director, Valley Ag Water Coalition
Jonas Minton, Water Policy Advisor, Planning and Conservation
League
What was remarkable was not only the breadth of acceptance that
something needed to be done, but also of many of the key
elements of the "solution."
Much Work Ahead. While there appears to be general agreement on
a broad framework of a sustainable groundwater management
system, there are quite a number of potentially quite
contentious issues to be resolved. Some of these include:
Appropriate protection of both property rights and community
rights
Integrating water quality with water supply considerations
Representation on groundwater management entities
Identifying mandatory elements for groundwater management
Level of transparency in managing and use of groundwater
Enforcement powers for groundwater management entities
Reporting requirements for groundwater users
Changes in land use planning, or not
Financing of groundwater management activities
Permitting of new and/or existing wells
Scope and limitations on groundwater storage and banking
Technical Amendment. The recent amendments made the previous
placeholder language unnecessary. (see Amendment)
Related Measures
AB 1739 (Dickenson) - is intended to be the Assembly's vehicle
for establishing a sustainable groundwater program.
SUGGESTED AMENDMENT: Strike out page 5 line 33 through page 9
line 31 inclusive
SUPPORT: None Received
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OPPOSITION: None Received
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