Amended in Assembly April 23, 2015

Amended in Assembly April 14, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 617

Introduced by Assembly Member Perea

February 24, 2015

An act to amend Sections 10720.5, begin insert 10720.8, end insert 10721, 10723.6, begin insert 10725, end insert 10726.8, begin insert 10727, 10727.2, end insert 10727.4, 10727.6, begin insert 10728, end insert 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. begin delete The end delete

begin insert

This bill would revise the definition of “groundwater recharge” for the purposes of the act to permit the inclusion of in-lieu recharge through delivery of water to persons that otherwise extract groundwater, leaving groundwater in the basin.

end insert

begin insert The end insert 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. begin delete This bill would define “in-lieu use” for the purposes of the act. end delete

begin insert

The act authorizes a groundwater sustainability plan to be a single plan covering the entire basin developed and implemented by one or multiple groundwater sustainability agencies or multiple plans implemented by multiple groundwater sustainability agencies and coordinated pursuant to a single coordination agreement that covers the entire basin.

end insert begin insert

This bill would eliminate the requirement that the agreement cover the entire basin and would allow coordination pursuant to a coordination agreement.

end insert

The act begin delete grants certain powers to groundwater sustainability agencies. end delete begin insert authorizes a groundwater sustainability agency to exercise certain powers in implementing the act, in addition to, and not as a limitation on, any existing authority, if the groundwater sustainability agency adopts and submits to the Department of Water Resources a groundwater sustainability plan or prescribed alternative documentation. end insert

This bill would, in addition to any other authorities granted to a groundwater sustainability agency, authorize a groundwater sustainability agency to enter into begin insert written end insert agreements and funding with private parties that assist in or facilitate the implementation of groundwater sustainability plans or elements of a groundwater sustainability plan. begin insert This bill would eliminate the condition that a groundwater sustainability agency submit its groundwater sustainability plan to the department to authorize a groundwater sustainability agency to exercise its powers to implement the act. end insert

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 begin delete 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. end delete begin insert bill, if a groundwater sustainability agency finds that a state entity is not working cooperatively regarding implementation of a groundwater sustainability plan, would permit the groundwater sustainability agency to file notice with the board and require the board to notice proceedings to investigate the finding of the groundwater sustainability agency. This bill would authorize the board to direct the state entity to cooperate in the implementation of the groundwater sustainability plan if the board determines that the failure of the state entity to work cooperatively regarding implementation of a groundwater sustainability plan compromises the ability of the groundwater sustainability agency to implement the plan in a manner that will likely achieve the sustainability goal unless the state entity indicates its authority for not complying with the groundwater sustainability plan. end insert

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 begin delete litigation. end delete begin insert litigation, including litigation that prevented a groundwater sustainability plan or program from being implemented in a manner likely to achieve the sustainability goal. end insert

begin delete

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.

end delete begin insert

The act requires a groundwater sustainability plan to include measurable objectives to achieve the sustainability goal within the basin within 20 years of the implementation of the plan. The act authorizes the Department of Water Resources to grant an extension of up to 5 years beyond the 20-year sustainability timeframe upon a showing of good cause and to grant a 2nd extension of up to 5 years upon a showing of good cause if the groundwater sustainability agency has begun implementation of a prescribed work plan.

end insert begin insert

This bill would provide that good cause includes certain litigation that prevented a groundwater sustainability plan or program from being implemented in a manner likely to achieve the sustainability goal.

end insert

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 begin delete has adopted and is implementing a groundwater sustainability plan. end delete begin insert demonstrates that it has adopted a groundwater sustainability plan and that it is being implemented in a manner that will likely achieve the sustainability goal. end insert

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 or any
action to begin delete control end delete begin insert regulate end insert groundwater extractions taken begin delete pursuant
to paragraph (2) of subdivision (a) of end delete begin insert as a means of implementing
a groundwater sustainability plan pursuant to end insert Section 10726.4,
may be used as evidence of, or to establish or defend against, any
claim begin delete to the use of groundwater. end delete begin insert of prescription. end insert

(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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 10720.8 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

10720.8.  

(a) Except as provided in subdivision (e), this part
does not apply to the following adjudicated areas or a local agency
that conforms to the requirements of an adjudication of water rights
for one of the following adjudicated areas:

(1) Beaumont Basin.

(2) Brite Basin.

(3) Central Basin.

(4) Chino Basin.

(5) Cucamonga Basin.

(6) Cummings Basin.

(7) Goleta Basin.

(8) Lytle Basin.

(9) Main San Gabriel Basin.

(10) Mojave Basin Area.

(11) Puente Basin.

(12) Raymond Basin.

(13) Rialto-Colton Basin.

(14) Riverside Basin.

(15) San Bernardino Basin Area.

(16) San Jacinto Basin.

(17) Santa Margarita River Watershed.

(18) Santa Maria Valley Basin.

(19) Santa Paula Basin.

(20) Scott River Stream System.

(21) Seaside Basin.

(22) Six Basins.

(23) Tehachapi Basin.

(24) Upper Los Angeles River Area.

(25) Warren Valley Basin.

(26) West Coast Basin.

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

(c) Any groundwater basin or portion of a groundwater basin
in Inyo County managed pursuant to the terms of the stipulated
judgment in City of Los Angeles v. Board of Supervisors of the
County of Inyo, et al. (Inyo County Case No. 12908) shall be
treated as an adjudicated area pursuant to this section.

(d) The Los Osos Groundwater Basin at issue in Los Osos
Community Service District v. Southern California Water Company
[Golden State Water Company] et al. (San Luis Obispo County
Superior Court Case No. CV 040126) shall be treated as an
adjudicated basin pursuant to this section if the superior court
issues a final judgment, order, or decree.

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

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

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

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

(3) By April 1, 2016, and annually thereafter, submit to the
department a report containing the following information to the
extent available for the portion of the basin subject to the
adjudication:

(A) Groundwater elevation data unless otherwise submitted
pursuant to Section 10932.

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

(C) Surface water supply used for or available for use for
groundwater begin delete recharge or in-lieu use. end delete begin insert recharge. end insert

(D) Total water use.

(E) Change in groundwater storage.

(F) The annual report submitted to the court.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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 begin delete means. end delete begin insert means and may include
in-lieu recharge through delivery of water to persons that otherwise
extract groundwater, leaving groundwater in the basin. end insert

(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.

begin delete

(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.

end delete begin delete

(n)

end delete

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

begin delete

(o)

end delete

begin insert (n) end insert  “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.

begin delete

(p)

end delete

begin insert (o) end insert  “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.

begin delete

(q)

end delete

begin insert (p) end insert  “Personal information” has the same meaning as defined in
Section 1798.3 of the Civil Code.

begin delete

(r)

end delete

begin insert (q) end insert  “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.

begin delete

(s)

end delete

begin insert (r) end insert  “Public water system” has the same meaning as defined in
Section 116275 of the Health and Safety Code.

begin delete

(t)

end delete

begin insert (s) end insert  “Recharge area” means the area that supplies water to an
aquifer in a groundwater basin.

begin delete

(u)

end delete

begin insert (t) end insert  “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.

begin delete

(v)

end delete

begin insert (u) end insert  “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.

begin delete

(w)

end delete

begin insert (v) end insert  “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.

begin delete

(x)

end delete

begin insert (w) end insert  “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.

begin delete

(y)

end delete

begin insert (x) end insert  “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.

begin delete

(z)

end delete

begin insert (y) end insert  “Watermaster” means a watermaster appointed by a court
or pursuant to other law.

begin delete

(aa)

end delete

begin insert (z) end insert  “Water year” means the period from October 1 through the
following September 30, inclusive.

begin delete

(ab)

end delete

begin insert (aa) end insert  “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.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

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
begin insert in common end insert the powers granted to a groundwater sustainability
agency pursuant to this part begin delete in common end delete in order for the
groundwater sustainability agency to exercise those powers.
begin insert Nothing in this section shall be construed to grant any power to
a mutual water company, water corporation, or local agency that
participates in an agreement authorized under this section that is
not otherwise granted to the mutual water company, water
corporation, or local agency, pursuant to other provisions of law. end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 10725 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

10725.  

(a) A groundwater sustainability agency may exercise
any of the powers described in this chapter in implementing this
part, in addition to, and not as a limitation on, any existing
authority, if the groundwater sustainability agency adopts begin delete and
submits to the department end delete a groundwater sustainability plan or
begin insert submits to the department a end insert prescribed alternative begin delete documentation end delete
in accordance with Section 10733.6.

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

begin delete SEC. 4. end delete
begin insert SEC. 6. end insert   

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 begin insert written end insert
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.

begin delete SEC. 5. end delete
begin insert SEC. 7. end insert   

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.

begin delete

(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.

end delete begin insert

(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.

end insert begin insert

(f) If a groundwater sustainability agency finds that a state
entity is not working cooperatively regarding implementation of
a groundwater sustainability plan, the groundwater sustainability
agency may file notice with the board regarding its finding. The
board shall notice proceedings to investigate the finding of the
groundwater sustainability agency. If the board determines that
the failure of the state entity to work cooperatively regarding
implementation of a groundwater sustainability plan compromises
the ability of the groundwater sustainability agency to implement
the plan in a manner that will likely achieve the sustainability goal,
the board may direct the state entity to cooperate in the
implementation of the groundwater sustainability plan unless the
state entity indicates its authority for not complying with a
groundwater sustainability plan in the same manner as subdivision
(f) of Section 10735.8.

end insert begin delete

(f)

end delete

begin insert (g) end insert  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.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 10727 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

10727.  

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

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

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

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

(3) Subject to Section 10727.6, multiple plans implemented by
multiple groundwater sustainability agencies and coordinated
pursuant to a begin delete single end delete coordination begin delete agreement that covers the entire
basin. end delete begin insert agreement. end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 10727.2 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

10727.2.  

A groundwater sustainability plan shall include all
of the following:

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

(1) Historical data, to the extent available.

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

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

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

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

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

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

(3) (A) Notwithstanding paragraph (1), at the request of the
groundwater sustainability agency, the department may grant an
extension of up to 5 years beyond the 20-year sustainability
timeframe upon a showing of good cause. The department may
grant a second extension of up to five years upon a showing of
good cause if the groundwater sustainability agency has begun
implementation of the work plan described in clause (iii) of
subparagraph (B). begin insert For purposes of this paragraph, “good cause”
includes litigation that prevented a groundwater sustainability
plan or program from being implemented in a manner likely to
achieve the sustainability goal as described in subdivision (d) of
Section 10735.2. end insert

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

(i) Demonstrates a need for an extension.

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

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

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

(c) A planning and implementation horizon.

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

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

(2) The monitoring and management of groundwater quality,
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
extraction in the basin.

(3) Mitigation of overdraft.

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

(5) A description of surface water supply used or available for
use for groundwater begin delete recharge or in-lieu use. end delete begin insert recharge. end insert

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

(f) 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 extraction in the basin. The monitoring protocols
shall be designed to generate information that promotes efficient
and effective groundwater management.

(g) A description of the consideration given to the applicable
county and city general plans and a description of the various
adopted water resources-related plans and programs within the
basin and an assessment of how the groundwater sustainability
plan may affect those plans.

begin delete SEC. 6. end delete
begin insert SEC. 10. end insert   

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.

begin delete SEC. 7. end delete
begin insert SEC. 11. end insert   

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
begin delete describe in their coordination agreement the manner in which the
plans will end delete begin insert coordinate with other agencies preparing a groundwater
sustainability plan within the basin to ensure that the plans end insert utilize
consistent data and methodologies for the following assumptions
in developing the 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.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 10728 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

10728.  

On the April 1 following the adoption of a groundwater
sustainability plan and annually thereafter, a groundwater
sustainability agency shall submit a report to the department
containing the following information about the basin managed in
the groundwater sustainability plan:

(a) Groundwater elevation data.

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

(c) Surface water supply used for or available for use for
groundwater begin delete recharge or in-lieu use. end delete begin insert recharge. end insert

(d) Total water use.

(e) Change in groundwater storage.

begin delete SEC. 8. end delete
begin insert SEC. 13. end insert   

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.

begin delete SEC. 9. end delete
begin insert SEC. 14. end insert   

Section 10733.4 of the Water Code is amended to
read:

10733.4.  

(a) Upon adoption of a groundwater sustainability
begin delete plan, end delete begin insert plan pursuant to either paragraph (1) or (2) of subdivision
(b) of Section 10727, end insert 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 include both of the following:

(1) An explanation of how the agency’s groundwater
sustainability plan will be implemented together with other plans
to satisfy Sections 10727.2, 10727.4, and 10727.6 for the entire
basin.

(2) A copy of the coordination agreement between the
groundwater sustainability agencies to ensure the coordinated
implementation of the groundwater sustainability 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.

begin insert

(e) Nothing in this section shall be construed to prohibit a
groundwater sustainability agency from developing, adopting, and
implementing a groundwater sustainability plan pursuant to this
part.

end insert

begin delete SEC. 10. end delete
begin insert SEC. 15. end insert   

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.

begin delete SEC. 11. end delete
begin insert SEC. 16. end insert   

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.

begin delete

(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.

end delete begin insert

(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.

end insert

(e)  begin delete Notwithstanding any other provision of this part, the end delete begin insert The end insert
board shall exclude from probationary status any portion of a basin
for which a groundwater sustainability agency begin delete has adopted and is
implementing a groundwater sustainability plan. end delete begin insert demonstrates that
it has adopted a groundwater sustainability plan and that it is
being implemented in a manner that will likely achieve the
sustainability goal. end insert

begin delete SEC. 12. end delete
begin insert SEC. 17. end insert   

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.