BILL NUMBER: AB 617 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Perea
FEBRUARY 24, 2015
An act to amend Section 10723.6 of
Sections 10720.5, 10721, 10723.6,
10726.8, 10727.4, 10727.6, 10728.6,
10733.4, 10735, and 10735.2 of, and to add
Section 10726.5 to, the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 617, as amended, Perea. Groundwater.
Existing law, the Sustainable Groundwater Management Act,
requires all groundwater basins designated as high- or
medium-priority basins by the Department of Water Resources that are
designated as basins subject to critical conditions of overdraft to
be managed under a groundwater sustainability plan or coordinated
groundwater sustainability plans by January 31, 2020, and requires
all other groundwater basins designated as high- or medium-priority
basins to be managed under a groundwater sustainability plan or
coordinated groundwater sustainability plans by January 31, 2022,
except as specified. Existing law The act
authorizes a combination of local agencies to form a
groundwater sustainability agency by a joint powers agreement,
memorandum of agreement, or other legal agreement, and authorizes a
water corporation regulated by the Public Utilities Commission to
participate.
This bill would authorize a combination of one or more local
agencies and one or more mutual water companies to enter into an
agreement to form a groundwater sustainability agency and would
authorize a groundwater sustainability agency formed by a joint
powers agreement to exercise the powers granted in the act.
This bill would define "in-lieu use" for the purposes of
the act.
The act grants certain powers to groundwater sustainability
agencies.
This bill would, in addition to any other authorities granted to a
groundwater sustainability agency, authorize a groundwater
sustainability agency to enter into agreements and funding with
private parties that assist in or facilitate the implementation of
groundwater sustainability plans or elements of a groundwater
sustainability plan.
The act, with a specified exception, does not authorize a local
agency to impose any requirement on the state or any agency,
department, or officer of the state.
This bill would require state agencies to comply with a
groundwater sustainability plan adopted by a groundwater
sustainability agency unless otherwise directed or authorized by
statute. This bill would require a state agency to indicate to a
groundwater sustainability agency in writing its authority for not
complying with a groundwater sustainability plan.
The act authorizes the State Water Resources Control Board to
designate a basin as a probationary basin if the board makes a
certain determination. The act authorizes 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. The act prohibits the board from
designating a basin as a probationary basin for a period of time
equal to a delay caused by certain litigation.
This bill, if a groundwater sustainability agency or local agency
proposing to be a groundwater sustainability agency provides evidence
to the board that the agency was unable to meet any deadline or
other requirement established by the act due to litigation brought by
another party, would prohibit the board from designating a basin as
a probationary basin for a period of time equal to the delay caused
by litigation plus a reasonable additional period of time to allow
the agency to comply with the act.
The act requires the board to exclude from probationary status any
portion of a basin for which a groundwater sustainability agency
demonstrates compliance with the sustainability goal.
This bill would require the board to exclude from probationary
status any portion of a basin for which a groundwater sustainability
agency has adopted and is implementing a groundwater sustainability
plan.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10720.5 of the Water
Code is amended to read:
10720.5. (a) Groundwater management pursuant to this part shall
be consistent with Section 2 of Article X of the California
Constitution. Nothing in this part modifies rights or priorities to
use or store groundwater consistent with Section 2 of Article X of
the California Constitution, except that in basins designated medium-
or high-priority basins by the department, no extraction of
groundwater between January 1, 2015, and the date of adoption of a
groundwater sustainability plan pursuant to this part,
whichever is sooner, part or any action to control
groundwater extractions taken pursuant to paragraph (2) of
subdivision (a) of Section 10726.4, may be used as evidence of,
or to establish or defend against, any claim of
prescription. to the use of groundwater.
(b) Nothing in this part, or in any groundwater management plan
adopted pursuant to this part, determines or alters surface water
rights or groundwater rights under common law or any provision of law
that determines or grants surface water rights.
SEC. 2. Section 10721 of the Water Code
is amended to read:
10721. Unless the context otherwise requires, the following
definitions govern the construction of this part:
(a) "Adjudication action" means an action filed in the superior or
federal district court to determine the rights to extract
groundwater from a basin or store water within a basin, including,
but not limited to, actions to quiet title respecting rights to
extract or store groundwater or an action brought to impose a
physical solution on a basin.
(b) "Basin" means a groundwater basin or subbasin identified and
defined in Bulletin 118 or as modified pursuant to Chapter 3
(commencing with Section 10722).
(c) "Bulletin 118" means the department's report entitled
"California's Groundwater: Bulletin 118" updated in 2003, as it may
be subsequently updated or revised in accordance with Section 12924.
(d) "Coordination agreement" means a legal agreement adopted
between two or more groundwater sustainability agencies that provides
the basis for coordinating multiple agencies or groundwater
sustainability plans within a basin pursuant to this part.
(e) "De minimis extractor" means a person who extracts, for
domestic purposes, two acre-feet or less per year.
(f) "Governing body" means the legislative body of a groundwater
sustainability agency.
(g) "Groundwater" means water beneath the surface of the earth
within the zone below the water table in which the soil is completely
saturated with water, but does not include water that flows in known
and definite channels.
(h) "Groundwater extraction facility" means a device or method for
extracting groundwater from within a basin.
(i) "Groundwater recharge" means the augmentation of groundwater,
by natural or artificial means.
(j) "Groundwater sustainability agency" means one or more local
agencies that implement the provisions of this part. For purposes of
imposing fees pursuant to Chapter 8 (commencing with Section 10730)
or taking action to enforce a groundwater sustainability plan,
"groundwater sustainability agency" also means each local agency
comprising the groundwater sustainability agency if the plan
authorizes separate agency action.
(k) "Groundwater sustainability plan" or "plan" means a plan of a
groundwater sustainability agency proposed or adopted pursuant to
this part.
(l) "Groundwater sustainability program" means a coordinated and
ongoing activity undertaken to benefit a basin, pursuant to a
groundwater sustainability plan.
(m) "In-lieu use" means the use of surface water by persons that
could otherwise extract groundwater in order to leave groundwater in
the basin.
(m)
( n) "Local agency" means a local public
agency that has water supply, water management, or land use
responsibilities within a groundwater basin.
(n)
( o) "Operator" means a person operating a
groundwater extraction facility. The owner of a groundwater
extraction facility shall be conclusively presumed to be the operator
unless a satisfactory showing is made to the governing body of the
groundwater sustainability agency that the groundwater extraction
facility actually is operated by some other person.
(o)
( p) "Owner" means a person owning a
groundwater extraction facility or an interest in a groundwater
extraction facility other than a lien to secure the payment of a debt
or other obligation.
(p)
( q) "Personal information" has the same
meaning as defined in Section 1798.3 of the Civil Code.
(q)
( r) "Planning and implementation horizon"
means a 50-year time period over which a groundwater sustainability
agency determines that plans and measures will be implemented in a
basin to ensure that the basin is operated within its sustainable
yield.
(r)
( s) "Public water system" has the same
meaning as defined in Section 116275 of the Health and Safety Code.
(s)
( t) "Recharge area" means the area that
supplies water to an aquifer in a groundwater basin.
(t)
( u) "Sustainability goal" means the
existence and implementation of one or more groundwater
sustainability plans that achieve sustainable groundwater management
by identifying and causing the implementation of measures targeted to
ensure that the applicable basin is operated within its sustainable
yield.
(u)
( v) "Sustainable groundwater management"
means the management and use of groundwater in a manner that can be
maintained during the planning and implementation horizon without
causing undesirable results.
(v)
( w) "Sustainable yield" means the maximum
quantity of water, calculated over a base period representative of
long-term conditions in the basin and including any temporary
surplus, that can be withdrawn annually from a groundwater supply
without causing an undesirable result.
(w)
( x) "Undesirable result" means one or more
of the following effects caused by groundwater conditions occurring
throughout the basin:
(1) Chronic lowering of groundwater levels indicating a
significant and unreasonable depletion of supply if continued over
the planning and implementation horizon. Overdraft during a period of
drought is not sufficient to establish a chronic lowering of
groundwater levels if extractions and groundwater recharge
are managed as necessary to ensure that reductions in groundwater
levels or storage during a period of drought are offset by increases
in groundwater levels or storage during other periods.
(2) Significant and unreasonable reduction of groundwater storage.
(3) Significant and unreasonable seawater intrusion.
(4) Significant and unreasonable degraded water quality, including
the migration of contaminant plumes that impair water supplies.
(5) Significant and unreasonable land subsidence that
substantially interferes with surface land uses.
(6) Depletions of interconnected surface water that have
significant and unreasonable adverse impacts on beneficial uses of
the surface water.
(x)
( y) "Water budget" means an accounting of
the total groundwater and surface water entering and leaving a basin
including the changes in the amount of water stored.
(y)
( z) "Watermaster" means a watermaster
appointed by a court or pursuant to other law.
(z)
(aa) "Water year" means the period from October 1
through the following September 30, inclusive.
(aa)
(a b) "Wellhead protection area" means the
surface and subsurface area surrounding a water well or well field
that supplies a public water system through which contaminants are
reasonably likely to migrate toward the water well or well field.
SECTION 1. SEC. 3. Section 10723.6
of the Water Code is amended to read:
10723.6. (a) A combination of local agencies or a combination of
one or more local agencies and one or more mutual water companies may
form a groundwater sustainability agency by using any of the
following methods:
(1) A joint powers agreement, pursuant to the Joint Exercise of
Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of
Title 1 of the Government Code), which may include a mutual water
company pursuant to Section 6525 of the Government Code.
(2) A memorandum of agreement or other legal agreement.
(b) A water corporation regulated by the Public Utilities
Commission may participate in a groundwater sustainability agency if
the other parties in the groundwater sustainability agency approve.
(c) A groundwater sustainability agency formed pursuant to a joint
powers agreement may exercise all of the powers granted pursuant to
this part. The signatories to a joint powers agreement forming a
groundwater sustainability agency are deemed to hold the powers
granted to a groundwater sustainability agency pursuant to this part
in common in order for the groundwater sustainability agency to
exercise those powers.
SEC. 4. Section 10726.5 is added to the
Water Code , to read:
10726.5. In addition to any other authority granted to a
groundwater sustainability agency by this part or other law, a
groundwater sustainability agency may enter into agreements and
funding with a private party to assist in, or facilitate the
implementation of, a groundwater sustainability plan or any elements
of the plan.
SEC. 5. Section 10726.8 of the Water
Code is amended to read:
10726.8. (a) This part is in addition to, and not a limitation
on, the authority granted to a local agency under any other law. The
local agency may use the local agency's authority under any other law
to apply and enforce any requirements of this part, including, but
not limited to, the collection of fees.
(b) Nothing in this part shall be construed as authorizing a local
agency to make a binding determination of the water rights of any
person or entity.
(c) Nothing in this part is a limitation on the authority of the
board, the department, or the State Department of Public Health.
(d) Notwithstanding Section 6103 of the Government Code, a state
or local agency that extracts groundwater shall be subject to a fee
imposed under this part to the same extent as any nongovernmental
entity.
(e) Except as provided in subdivision (d), this part does not
authorize a local agency to impose any requirement on the state or
any agency, department, or officer of the state. State agencies and
departments shall work cooperatively with a local agency on a
voluntary basis.
(e) A state agency shall comply with a groundwater sustainability
plan adopted by a groundwater sustainability agency pursuant to this
part unless otherwise directed or authorized by statute. A state
agency shall indicate to the groundwater sustainability agency in
writing the authority for not complying with the groundwater
sustainability plan.
(f) Nothing in this chapter or a groundwater sustainability plan
shall be interpreted as superseding the land use authority of cities
and counties, including the city or county general plan, within the
overlying basin.
SEC. 6. Section 10727.4 of the Water
Code is amended to read:
10727.4. In addition to the requirements of Section 10727.2, a
groundwater sustainability plan shall include, where appropriate and
in collaboration with the appropriate local agencies, all of the
following:
(a) Control of saline water intrusion.
(b) Wellhead protection areas and recharge areas.
(c) Migration of contaminated groundwater.
(d) A well abandonment and well destruction program.
(e) Replenishment of groundwater extractions.
(f) Activities implementing, opportunities for, and removing
impediments to, conjunctive use or underground storage.
(g) Well construction policies.
(h) Measures addressing groundwater contamination cleanup,
groundwater recharge, diversions to storage, conservation,
water recycling, conveyance, and extraction projects.
(i) Efficient water management practices, as defined in Section
10902, for the delivery of water and water conservation methods to
improve the efficiency of water use.
(j) Efforts to develop relationships with state and federal
regulatory agencies.
(k) Processes to review land use plans and efforts to coordinate
with land use planning agencies to assess activities that potentially
create risks to groundwater quality or quantity.
( l ) Impacts on groundwater dependent ecosystems.
SEC. 7. Section 10727.6 of the Water
Code is amended to read:
10727.6. Groundwater sustainability agencies intending to develop
and implement multiple groundwater sustainability plans pursuant to
paragraph (3) of subdivision (b) of Section 10727 shall
coordinate with other agencies preparing a groundwater sustainability
plan within the basin to ensure that the plans utilize the same
describe in their coordination agreement the manner in
which the plans will utilize consistent data and methodologies
for the following assumptions in developing the plan:
plans:
(a) Groundwater elevation data.
(b) Groundwater extraction data.
(c) Surface water supply.
(d) Total water use.
(e) Change in groundwater storage.
(f) Water budget.
(g) Sustainable yield.
SEC. 8. Section 10728.6 of the Water
Code is amended to read:
10728.6. Division 13 (commencing with Section 21000) of the
Public Resources Code does not apply to the preparation and adoption
of plans pursuant to this chapter. The formation of or election
to become a groundwater sustainability agency is not subject to the
requirements of Division 13 (commencing with Section 21000) of the
Public Resources Code. Nothing in this part shall be
interpreted as exempting from Division 13 (commencing with Section
21000) of the Public Resources Code a project that would implement
actions taken pursuant to a plan adopted pursuant to this chapter.
SEC. 9. Section 10733.4 of the Water
Code is amended to read:
10733.4. (a) Upon adoption of a groundwater sustainability plan,
a groundwater sustainability agency shall submit the groundwater
sustainability plan to the department for review pursuant to this
chapter.
(b) If groundwater sustainability agencies develop multiple
groundwater sustainability plans for a basin, the submission required
by subdivision (a) shall not occur until the entire basin
is covered by groundwater sustainability plans. When the entire basin
is covered by groundwater sustainability plans, the groundwater
sustainability agencies shall jointly submit to the department all
include both of the following:
(1) The groundwater sustainability plans.
(2)
( 1) An explanation of how the agency's
groundwater sustainability plans plan
will be implemented together with other plans to
satisfy Sections 10727.2, 10727.4, and 10727.6 for the entire basin.
(3)
(2) A copy of the coordination agreement between the
groundwater sustainability agencies to ensure the coordinated
implementation of the groundwater sustainability plans for
the entire basin. plans.
(c) Upon receipt of a groundwater sustainability plan, the
department shall post the plan on the department's Internet Web site
and provide 60 days for persons to submit comments to the department
about the plan.
(d) The department shall evaluate the groundwater sustainability
plan within two years of its submission by a groundwater
sustainability agency and issue an assessment of the plan. The
assessment may include recommended corrective actions to address any
deficiencies identified by the department.
SEC. 10. Section 10735 of the Water
Code is amended to read:
10735. As used in this chapter, the following terms have the
following meanings:
(a) "Condition of long-term overdraft" means the condition of a
groundwater basin where the average annual amount of water extracted
for a long-term period, generally 10 years or more, exceeds the
long-term average annual supply of water to the basin, plus any
temporary surplus. Overdraft during a period of drought is not
sufficient to establish a condition of long-term overdraft if
extractions and groundwater recharge are managed as
necessary to ensure that reductions in groundwater levels or storage
during a period of drought are offset by increases in groundwater
levels or storage during other periods.
(b) "Person" means any person, firm, association, organization,
partnership, business, trust, corporation, limited liability company,
or public agency, including any city, county, city and county,
district, joint powers authority, state, or any agency or department
of those entities. "Person" includes, to the extent authorized by
federal or tribal law and subject to the limitations described in
subdivisions (c) and (d) of Section 10720.3, the United States, a
department, agency or instrumentality of the federal government, an
Indian tribe, an authorized Indian tribal organization, or interstate
body.
(c) "Probationary basin" means a basin for which the board has
issued a determination under Section 10735.2.
(d) "Significant depletions of interconnected surface waters"
means reductions in flow or levels of surface water that is
hydrologically connected to the basin such that the reduced surface
water flow or levels have a significant and unreasonable adverse
impact on beneficial uses of the surface water.
SEC. 11. Section 10735.2 of the Water
Code is amended to read:
10735.2. (a) The board, after notice and a public hearing, may
designate a basin as a probationary basin, if the board finds one or
more of the following applies to the basin:
(1) After June 30, 2017, none of the following have occurred:
(A) A local agency has elected to be a groundwater sustainability
agency that intends to develop a groundwater sustainability plan for
the entire basin.
(B) A collection of local agencies has formed a groundwater
sustainability agency or prepared agreements to develop one or more
groundwater sustainability plans that will collectively serve as a
groundwater sustainability plan for the entire basin.
(C) A local agency has submitted an alternative that has been
approved or is pending approval pursuant to Section 10733.6. If the
department disapproves an alternative pursuant to Section 10733.6,
the board shall not act under this paragraph until at least 180 days
after the department disapproved the alternative.
(2) The basin is subject to paragraph (1) of subdivision (a) of
Section 10720.7, and after January 31, 2020, none of the following
have occurred:
(A) A groundwater sustainability agency has adopted a groundwater
sustainability plan for the entire basin.
(B) A collection of local agencies has adopted groundwater
sustainability plans that collectively serve as a groundwater
sustainability plan for the entire basin.
(C) The department has approved an alternative pursuant to Section
10733.6.
(3) The basin is subject to paragraph (1) of subdivision (a) of
Section 10720.7 and after January 31, 2020, the department, in
consultation with the board, determines that a groundwater
sustainability plan is inadequate or that the groundwater
sustainability program is not being implemented in a manner that will
likely achieve the sustainability goal.
(4) The basin is subject to paragraph (2) of subdivision (a) of
Section 10720.7, and after January 31, 2022, none of the following
have occurred:
(A) A groundwater sustainability agency has adopted a groundwater
sustainability plan for the entire basin.
(B) A collection of local agencies has adopted groundwater
sustainability plans that collectively serve as a groundwater
sustainability plan for the entire basin.
(C) The department has approved an alternative pursuant to Section
10733.6.
(5) The basin is subject to paragraph (2) of subdivision (a) of
Section 10720.7, and either of the following have occurred:
(A) After January 31, 2022, both of the following have occurred:
(i) The department, in consultation with the board, determines
that a groundwater sustainability plan is inadequate or that the
groundwater sustainability plan is not being implemented in a manner
that will likely achieve the sustainability goal.
(ii) The board determines that the basin is in a condition of
long-term overdraft.
(B) After January 31, 2025, both of the following have occurred:
(i) The department, in consultation with the board, determines
that a groundwater sustainability plan is inadequate or that the
groundwater sustainability plan is not being implemented in a manner
that will likely achieve the sustainability goal.
(ii) The board determines that the basin is in a condition where
groundwater extractions result in significant depletions of
interconnected surface waters.
(b) In making the findings associated with paragraph (3) or (5) of
subdivision (a), the department and board may rely on periodic
assessments the department has prepared pursuant to Chapter 10
(commencing with Section 10733). The board may request that the
department conduct additional assessments utilizing the regulations
developed pursuant to Chapter 10 (commencing with Section 10733) and
make determinations pursuant to this section. The board shall post on
its Internet Web site and provide at least 30 days for the public to
comment on any determinations provided by the department pursuant to
this subdivision.
(c) (1) The determination may exclude a class or category of
extractions from the requirement for reporting pursuant to Part 5.2
(commencing with Section 5200) of Division 2 if those extractions are
subject to a local plan or program that adequately manages
groundwater within the portion of the basin to which that plan or
program applies, or if those extractions are likely to have a minimal
impact on basin withdrawals.
(2) The determination may require reporting of a class or category
of extractions that would otherwise be exempt from reporting
pursuant to paragraph (1) of subdivision (c) of Section 5202 if those
extractions are likely to have a substantial impact on basin
withdrawals or requiring reporting of those extractions is reasonably
necessary to obtain information for purposes of this chapter.
(3) The determination may establish requirements for information
required to be included in reports of groundwater extraction, for
installation of measuring devices, or for use of a methodology,
measuring device, or both, pursuant to Part 5.2 (commencing with
Section 5200) of Division 2.
(4) The determination may modify the water year or reporting date
for a report of groundwater extraction pursuant to Section 5202.
(d) If the board finds that litigation challenging the formation
of a groundwater sustainability agency prevented its formation before
July 1, 2017, pursuant to paragraph (1) of subdivision (a) or
prevented a groundwater sustainability program from being implemented
in a manner likely to achieve the sustainability goal pursuant to
paragraph (3), (4), or (5) of subdivision (a), the board shall not
designate a basin as a probationary basin for a period of time equal
to the delay caused by the litigation.
(d) If a groundwater sustainability agency or a local agency
proposing to be a groundwater sustainability agency provides evidence
to the board that the agency was unable to meet any deadline or
other requirement established by this part due to litigation brought
by another party, the board shall not designate the basin as a
probationary basin for a period of time equal to the delay caused by
the litigation plus a reasonable additional period of time to allow
for compliance with this part.
(e) The Notwithstanding any other
provision of this part, the board shall exclude from
probationary status any portion of a basin for which a groundwater
sustainability agency demonstrates compliance with the
sustainability goal has adopted and is implementing a
groundwater sustainability plan .
SEC. 12. The amendment of Section 10728.6 of the
Water Code made by this act does not constitute a change in, but is
declaratory of, existing law.