BILL NUMBER: AB 617 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 28, 2015
AMENDED IN ASSEMBLY APRIL 23, 2015
AMENDED IN ASSEMBLY APRIL 14, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Perea
FEBRUARY 24, 2015
An act to amend Sections 10720.5, 10720.8, 10721, 10723.6, 10725,
10726.8, 10727, 10727.2, 10727.4, 10727.6, 10728,
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.
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.
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.
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.
This bill would eliminate the requirement that the agreement cover
the entire basin and would allow coordination pursuant to a
coordination agreement.
The act 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.
This bill would, in addition to any other authorities granted to a
groundwater sustainability agency, authorize a groundwater
sustainability agency to enter into written agreements and funding
with private parties that assist in or facilitate the implementation
of groundwater sustainability plans or elements of a groundwater
sustainability plan. 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.
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, 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.
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, including litigation
that prevented a groundwater sustainability plan or program from
being implemented in a manner likely to achieve the sustainability
goal.
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.
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.
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 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.
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 regulate groundwater extractions taken as a means of implementing
a groundwater sustainability plan pursuant to Section 10726.4, may be
used as evidence of, or to establish or defend against, any claim of
prescription.
(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 10720.8 of the Water Code is amended to read:
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 recharge.
(D) Total water use.
(E) Change in groundwater storage.
(F) The annual report submitted to the court.
SEC. 3. 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 and may include in-lieu recharge
through delivery of water to persons that otherwise extract
groundwater, leaving groundwater in the basin.
(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) "Local agency" means a local public agency that has water
supply, water management, or land use responsibilities within a
groundwater basin.
(n) "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) "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) "Personal information" has the same meaning as defined in
Section 1798.3 of the Civil Code.
(q) "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) "Public water system" has the same meaning as defined in
Section 116275 of the Health and Safety Code.
(s) "Recharge area" means the area that supplies water to an
aquifer in a groundwater basin.
(t) "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) "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) "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) "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) "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) "Watermaster" means a watermaster appointed by a court or
pursuant to other law.
(z) "Water year" means the period from October 1 through the
following September 30, inclusive.
(aa) "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.
SEC. 4. 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 in common the
powers granted to a groundwater sustainability agency pursuant to
this part in order for the groundwater sustainability agency to
exercise those powers. 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.
SEC. 5. Section 10725 of the Water Code is amended to read:
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 a groundwater
sustainability plan or submits to the department a prescribed
alternative 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.
SEC. 6. 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 written 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. 7. 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.
(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.
(g) 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. 8. Section 10727 of the Water Code is
amended to read:
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 coordination agreement.
SEC. 9. SEC. 8. Section 10727.2 of
the Water Code is amended to read:
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 five 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). 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.
(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 recharge.
(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.
SEC. 10. SEC. 9. 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. 11. SEC. 10. 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 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.
SEC. 12. SEC. 11. Section 10728 of
the Water Code is amended to read:
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 recharge.
(d) Total water use.
(e) Change in groundwater storage.
SEC. 13. SEC. 12. 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. 14. Section 10733.4 of the Water Code is
amended to read:
10733.4. (a) Upon adoption of a groundwater sustainability plan
pursuant to either paragraph (1) or (2) of subdivision (b) of Section
10727, 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.
(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.
SEC. 15. SEC. 13. 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 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. 16. SEC. 14. 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.
(e) The board shall exclude from probationary status any portion
of a basin for which a groundwater sustainability agency 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.
SEC. 17. SEC. 15. 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.