BILL NUMBER: SB 13	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Pavley

                        DECEMBER 1, 2014

   An act to amend Sections 10735.4, 10735.6, and 10933 of the Water
Code, relating to groundwater.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 10735.4 of the Water Code is amended to read:
   10735.4.  (a) If the board designates a basin as a probationary
basin pursuant to paragraph  (1) or (2)   (1),
(2), or (4)  of subdivision (a) of Section 10735.2, a local
agency or groundwater sustainability agency shall have 180 days to
remedy the deficiency. The board may appoint a mediator or other
facilitator, after consultation with affected local agencies, to
assist in resolving disputes, and identifying and implementing
actions that will remedy the deficiency.
   (b) After the 180-day period provided by subdivision (a), the
board may provide additional time to remedy the deficiency if it
finds that a local agency is making substantial progress toward
remedying the deficiency.
   (c) The board may develop an interim plan pursuant to Section
10735.8 for the probationary basin at the end of the period provided
by subdivision (a) or any extension provided pursuant to subdivision
(b), if the board, in consultation with the department, determines
that a local agency has not remedied the deficiency that resulted in
designating the basin as a probationary basin.
  SEC. 2.  Section 10735.6 of the Water Code is amended to read:
   10735.6.  (a) If the board designates a basin as a probationary
basin pursuant to paragraph (3)  or (5)  of subdivision (a)
of Section 10735.2, the board shall identify the specific
deficiencies and identify potential actions to address the
deficiencies. The board may request the department to provide local
agencies, within 90 days of the designation of a probationary basin,
with technical recommendations to remedy the deficiencies.
   (b) The board may develop an interim plan pursuant to Section
10735.8 for the probationary basin one year after the designation of
the basin pursuant to paragraph (3)  or (5)  of subdivision
(a) of Section 10735.2, if the board, in consultation with the
department, determines that a local agency has not remedied the
deficiency that resulted in designating the basin a probationary
basin.
  SEC. 3.  Section 10933 of the Water Code is amended to read:
   10933.  (a)  The department shall commence to identify the extent
of monitoring of groundwater elevations that is being undertaken
within each basin and subbasin.
   (b) The department shall prioritize groundwater basins and
subbasins for the purpose of implementing this section. In
prioritizing the basins and subbasins, the department shall, to the
extent data are available, consider all of the following:
   (1) The population overlying the basin or subbasin.
   (2) The rate of current and projected growth of the population
overlying the basin or subbasin.
   (3) The number of public supply wells that draw from the basin or
subbasin.
   (4) The total number of wells that draw from the basin or
subbasin.
   (5) The irrigated acreage overlying the basin or subbasin.
   (6) The degree to which persons overlying the basin or subbasin
rely on groundwater as their primary source of water.
   (7) Any documented impacts on the groundwater within the basin or
subbasin, including overdraft, subsidence, saline intrusion, and
other water quality degradation.
   (8) Any other information determined to be relevant by the
department, including adverse impacts on local habitat and local
streamflows.
   (c) If the department determines that all or part of a basin or
subbasin is not being monitored pursuant to this part, the department
shall do all of the following:
   (1) Attempt to contact all well owners within the area not being
monitored.
   (2) Determine if there is an interest in establishing any of the
following: 
   (A) A groundwater sustainability plan pursuant to Part 2.74
(commencing with Section 10720).  
   (A) 
    (B)  A groundwater management plan pursuant to Part 2.75
(commencing with Section 10750). 
   (B) 
    (C)  An integrated regional water management plan
pursuant to Part 2.2 (commencing with Section 10530) that includes a
groundwater management component that complies with the requirements
of Section 10753.7. 
   (C) 
    (   D)  A voluntary groundwater monitoring
association pursuant to Section 10935.
   (d) If the department determines that there is sufficient interest
in establishing a plan or association described in paragraph (2) of
subdivision (c), or if the county agrees to perform the groundwater
monitoring functions in accordance with this part, the department
shall work cooperatively with the interested parties to comply with
the requirements of this part within two years.
   (e) If the department determines, with regard to a basin or
subbasin, that there is insufficient interest in establishing a plan
or association described in paragraph (2) of subdivision (c), and if
the county decides not to perform the groundwater monitoring and
reporting functions of this part, the department shall do all of the
following:
   (1) Identify any existing monitoring wells that overlie the basin
or subbasin that are owned or operated by the department or any other
state or federal agency.
   (2) Determine whether the monitoring wells identified pursuant to
paragraph (1) provide sufficient information to demonstrate seasonal
and long-term trends in groundwater elevations.
   (3) If the department determines that the monitoring wells
identified pursuant to paragraph (1) provide sufficient information
to demonstrate seasonal and long-term trends in groundwater
elevations, the department shall not perform groundwater monitoring
functions pursuant to Section 10933.5.
   (4) If the department determines that the monitoring wells
identified pursuant to paragraph (1) provide insufficient information
to demonstrate seasonal and long-term trends in groundwater
elevations, the department shall perform groundwater monitoring
functions pursuant to Section 10933.5.