SB 13, as introduced, Pavley. 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. The act authorizes the State Water Resources Control Board to designate a basin as a probationary basin if the state board makes a certain determination and to develop an interim plan for the probationary basin. The act requires a local agency or groundwater sustainability agency to have 90 or 180 days, as prescribed, to remedy the deficiency if the board designates the basin as a probationary basin.
This bill would provide a local agency or groundwater sustainability agency 90 or 180 days, as prescribed, to remedy certain deficiencies that caused the board to designate the basin as a probationary basin. This bill would authorize the board to develop an interim plan for certain probationary basins one year after the designation of the basin as a probationary basin.
Existing law establishes a groundwater monitoring program pursuant to which specified entities, including a groundwater sustainability agency, may propose to be designated by the department as groundwater monitoring entities, as defined, for the purposes of monitoring and reporting with regard to groundwater elevations in all or part of a groundwater basin or subbasin. Existing law requires the department to identify the extent of monitoring of groundwater elevations that is being undertaken in groundwater basins and subbasins, and if the department determines that all or part of a basin or subbasin is not being monitored, to determine whether there is sufficient interest in establishing a groundwater management plan, an integrated regional water management plan, or a groundwater monitoring association.
This bill, if the department determines that all or part of a basin or subbasin is not being monitored, would require the department to determine whether there is sufficient interest in establishing 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 10735.4 of the Water Code is amended
2to read:
(a) If the board designates a basin as a probationary
4basin pursuant to paragraphbegin delete (1) or (2)end deletebegin insert (1), (2), or (4)end insert of subdivision
5(a) of Section 10735.2, a local agency or groundwater sustainability
6agency shall have 180 days to remedy the deficiency. The board
7may appoint a mediator or other facilitator, after consultation with
8affected local agencies, to assist in resolving disputes, and
9identifying and implementing actions that will remedy the
10deficiency.
11(b) After the 180-day period provided by subdivision (a), the
12board may provide additional time to
remedy the deficiency if it
13finds that a local agency is making substantial progress toward
14remedying the deficiency.
15(c) The board may develop an interim plan pursuant to Section
1610735.8 for the probationary basin at the end of the period provided
17by subdivision (a) or any extension provided pursuant to
18subdivision (b), if the board, in consultation with the department,
P3 1determines that a local agency has not remedied the deficiency
2that resulted in designating the basin as a probationary basin.
Section 10735.6 of the Water Code is amended to read:
(a) If the board designates a basin as a probationary
5basin pursuant to paragraph (3)begin insert or (5)end insert of subdivision (a) of Section
610735.2, the board shall identify the specific deficiencies and
7identify potential actions to address the deficiencies. The board
8may request the department to provide local agencies, within 90
9days of the designation of a probationary basin, with technical
10recommendations to remedy the deficiencies.
11(b) The board may develop an interim plan pursuant to Section
1210735.8 for the probationary basin one year after the designation
13of the basin pursuant to paragraph (3)begin insert
or (5)end insert of subdivision (a) of
14Section 10735.2, if the board, in consultation with the department,
15determines that a local agency has not remedied the deficiency
16that resulted in designating the basin a probationary basin.
Section 10933 of the Water Code is amended to read:
(a) The department shall commence to identify the
19extent of monitoring of groundwater elevations that is being
20undertaken within each basin and subbasin.
21(b) The department shall prioritize groundwater basins and
22subbasins for the purpose of implementing this section. In
23prioritizing the basins and subbasins, the department shall, to the
24extent data are available, consider all of the following:
25(1) The population overlying the basin or subbasin.
26(2) The rate of current and projected growth of the population
27overlying the basin or subbasin.
28(3) The number of public supply
wells that draw from the basin
29or subbasin.
30(4) The total number of wells that draw from the basin or
31subbasin.
32(5) The irrigated acreage overlying the basin or subbasin.
33(6) The degree to which persons overlying the basin or subbasin
34rely on groundwater as their primary source of water.
35(7) Any documented impacts on the groundwater within the
36basin or subbasin, including overdraft, subsidence, saline intrusion,
37and other water quality degradation.
38(8) Any other information determined to be relevant by the
39department, including adverse impacts on local habitat and local
40streamflows.
P4 1(c) If the department determines that all
or part of a basin or
2subbasin is not being monitored pursuant to this part, the
3department shall do all of the following:
4(1) Attempt to contact all well owners within the area not being
5monitored.
6(2) Determine if there is an interest in establishing any of the
7following:
8(A) A groundwater sustainability plan pursuant to Part 2.74
9(commencing with Section 10720).
10(A)
end delete
11begin insert(B)end insert A
groundwater management plan pursuant to Part 2.75
12(commencing with Section 10750).
13(B)
end delete
14begin insert(C)end insert An integrated regional water management plan pursuant to
15Part 2.2 (commencing with Section 10530) that includes a
16groundwater management component that complies with the
17requirements of Section 10753.7.
18(C)
end delete
19begin insert(end insertbegin insertD)end insert A voluntary groundwater monitoring association pursuant
20to Section 10935.
21(d) If the department determines that there is sufficient interest
22in establishing a plan or association described in paragraph (2) of
23subdivision (c), or if the county agrees to perform the groundwater
24monitoring functions in accordance with this part, the department
25shall work cooperatively with the interested parties to comply with
26the requirements of this part within two years.
27(e) If the department determines, with regard to a basin or
28subbasin, that there is insufficient interest in establishing a plan
29or association described in paragraph (2) of subdivision (c), and
30if the county decides not to perform the groundwater monitoring
31and reporting functions of this part, the department shall do all of
32the following:
33(1) Identify any existing monitoring wells that overlie the basin
34or subbasin that are owned or operated by the department or any
35other state or federal agency.
36(2) Determine whether the monitoring wells identified pursuant
37to paragraph (1) provide sufficient information to demonstrate
38seasonal and long-term trends in groundwater elevations.
39(3) If the department determines that the monitoring wells
40identified pursuant to paragraph (1) provide sufficient information
P5 1to demonstrate seasonal and long-term trends in groundwater
2elevations, the department shall not perform groundwater
3monitoring functions pursuant to Section 10933.5.
4(4) If the department determines that the monitoring wells
5identified pursuant to paragraph (1) provide insufficient
6information to demonstrate seasonal and long-term trends in
7
groundwater elevations, the department shall perform groundwater
8monitoring functions pursuant to Section 10933.5.
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