BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 453 Hearing Date: June 14,
2016
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|Author: |Salas | | |
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|Version: |March 28, 2016 |
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|Urgency: |Yes |Fiscal: |No |
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|Consultant:|Dennis O'Connor |
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Subject: Extraction of groundwater: Semitropic Water Storage
District
BACKGROUND AND EXISTING LAW
1)Semitropic Water Storage District (WSD) is one of eight water
storage districts in California. The district delivers water
to nearly 300 customers for the irrigation of approximately
140,000 acres in Kern County for agricultural uses. Semitropic
WSD also supplies energy to a variety of users and provides
groundwater banking and storage services.
The California Storage District Act authorizes WSDs to operate
facilities for storage and distribution of water. As part of
this operation, the WSDs have the power to set
tolls and charges for the use of water, issue bonds, buy and
sell property, acquire property it deems necessary by
condemnation; sue or be sued; and contract.
2)The Sustainable Groundwater Management Act (SGMA) requires, in
high- and medium-priority groundwater basins, groundwater
sustainability agencies (GSAs) to develop and implement
groundwater sustainability plans. Among other things, GSAs
implementing such plans may:
a) Impose fees on the extraction of groundwater from the
basin to fund the costs of groundwater management.
b) Require the reporting of groundwater extractions via
meters, the cost of which would be borne by the owner of
the well.
AB 453 (Salas) Page 2
of ?
c) Determine the quantity of groundwater extracted and
impose charges on that quantity of water, should the owner
or operator of a groundwater extraction facility fail to
timely comply with the requirements the district
established under this measure.
PROPOSED LAW
1)This bill would grant the Semitropic Water Storage District
the following additional powers and authorities:
a) Impose fees on the extraction of groundwater from the
basin to fund the costs of groundwater management.
b) Require the reporting of groundwater extractions via
meters, the cost of which would be borne by the owner of
the well.
c) Determine the quantity of groundwater extracted and
impose charges on that quantity of water, should the owner
or operator of a groundwater extraction facility fail to
timely comply with the requirements the district
established under this measure.
2)Fees imposed pursuant to this bill could include fixed fees
and fees charged on a volumetric basis, including fees that
increase based on the quantity of groundwater produced
annually, the year in which the production of groundwater
commenced from a groundwater extraction facility, and impacts
to the basin.
3)The provisions of this bill would apply only to Semitropic
WSD.
4)Semitropic WSD could exercise the powers and authorities
granted by this bill only until a groundwater sustainability
plan has been adopted for the area encompassing the district.
5)The bill includes a provision declaring that a special law is
because of the unique circumstances of the Semitropic Water
Storage District.
6)The bill is an urgency statute, the urgency being:
In order for the Semitropic Water Storage District to timely
implement actions to recover a groundwater basin subject to
critical overdraft, it is necessary that this act take effect
immediately.
AB 453 (Salas) Page 3
of ?
ARGUMENTS IN SUPPORT
According to the author, "The groundwater basin that the
Semitropic WSD relies on is subject to critical overdraft; one
of 21 basins with such a designation by the Department of Water
Resources (DWR). These basins must adopt a groundwater
sustainability plan by 2020. Funding early actions ahead of 2020
will allow the District to implement projects and programs that
will help achieve local sustainability goals. However, under
existing law, the District lacks the authority to implement the
provisions outlined in SGMA. Therefore, absent the Legislature
granting authority, a water storage district cannot fund
projects and programs directly related to groundwater
replenishment until their basin is covered within the boundaries
of a groundwater sustainability agency."
ARGUMENTS IN OPPOSITION: None Received
COMMENTS
Kern County Subbasin. Semitropic WSD is in the northern part
Kern County and overlies a portion of the Kern County Subbasin.
The subbasin comprises 1,950,000 acres in the south end of the
San Joaquin Valley. DWR has designated it as a high-priority
basin and is one of 21 basins designated as being in critical
overdraft.
Kern County GSAs. As of 6/2/16, no one has filed notice with DWR
to be the GSA for the portion of the basin within Semitropic
WSD's service area.
SUGGESTED AMENDMENTS: None
SUPPORT
Semitropic Water Storage District (Sponsor)
Valley Ag Water Coalition
OPPOSITION: None Received
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