BILL ANALYSIS Ó AB 1390 Page 1 Date of Hearing: May 13, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 1390 (Alejo) - As Amended April 30, 2015 ----------------------------------------------------------------- |Policy |Water, Parks and Wildlife |Vote:|14 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Judiciary | |10 - 0 | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill streamlines procedures used in a legal action to obtain a basin-wide adjudication of groundwater rights. AB 1390 Page 2 FISCAL EFFECT: No additional state costs. COMMENTS: 1)Purpose. According to the author, this bill will address the time sinks that occur in current groundwater adjudications by clarifying and streamlining the processes that must be followed. 2)Background. Groundwater is either a subterranean stream flowing through a known and definite channel or percolating groundwater. Groundwater that is a subterranean stream is subject to the same State Water Resources Control Board (SWRCB) water right permitting requirements as surface water. There is no statewide permitting requirement for percolating groundwater, which is the majority of groundwater in the state. The Department of Water Resources (DWR) is required to prioritize groundwater basins based on multiple factors including, but not limited to, the level of population and irrigated acreage relying on the groundwater basin as a primary source of water and the current impacts on the groundwater basin from overdraft, subsidence, saline intrusion and other water quality degradation. The groundwater basins identified in DWR's Groundwater Report, Bulletin 118, are required to be regularly and systematically monitored locally and the information is required to be readily and widely available. DWR is required to perform the groundwater elevation monitoring function if no local entity AB 1390 Page 3 will do so, but then bars the county and other entities eligible to monitor that basin from receiving state water grants or loans. 3)The Sustainable Groundwater Management Act (SGMA). Last year, AB 1739 (Dickinson, Chapter 347, Statutes of 2014) and SB 1168 (Pavley, Chapter 346, Statutes of 2014), established landmark state policy and requirements for groundwater sustainability and management. By January 31, 2020, SGMA requires groundwater sustainability plans (GSPs) in all groundwater basins experiencing critical conditions of overdraft that DWR determines to be of medium or high priority. SGMA requires sustainable groundwater management plans for all other medium or high priority basins by January 31, 2022, unless the basin is legally adjudicated or the local agency establishes it is otherwise sustainably managed. SGMA requires local agencies to identify or form a groundwater sustainability agency (GSA) by January 1, 2017. Counties are presumed to be the default agency if no other agency identifies itself. Water corporations regulated by the PUC are able to participate in the GSA if other agencies approve. During last year's Committee hearings on groundwater management, California Court of Appeal Judge Ronald Robie suggested that even with comprehensive sustainable management plans, the state would still need to streamline its groundwater adjudication procedures. Governor Brown made the same point when he signed the SGMA legislation. This bill would make several changes in the manner in which basin-wide adjudications are initiated, noticed, and conducted. AB 1390 Page 4 Analysis Prepared by:Jennifer Galehouse / APPR. / (916) 319-2081