BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: SB 37 Hearing Date: August 25,
2016
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|Author: |Vidak | | |
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|Version: |August 18, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Dennis O'Connor |
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Subject: Kings River East Groundwater Sustainability Agency Act
BACKGROUND AND EXISTING LAW
Existing law:
1)Includes the Sustainable Groundwater Management Act (SGMA).
SGMA, among other things:
a) Requires that a groundwater sustainability plan be
adopted for high and medium priority groundwater basins in
California.
i) Limited to "high & medium priority basins" - 127
out of 515 basins in the state.
ii) Adjudicated basins are exempt (except for
minimal reporting), bringing the number to fewer than
100 affected basins.
iii) "Low & very low priority" basins are exempt,
though they are encouraged to adopt plans.
b) Establishes a timetable for adoption of groundwater
sustainability plans.
i) By 2017, local groundwater sustainability
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agencies must be identified.
ii) By 2020, overdrafted basins must be covered by a
groundwater sustainability plan. Other high and medium
priority basins not in overdraft must have plans by
2022.
iii) By 2040, each high and medium priority basin
must achieve sustainability, though this can be
extended by 10 years for good cause.
c) Empowers local agencies to manage their basins
sustainably.
i) Gives local agencies new authority to adopt and
enforce rules, require reporting, raise funds and build
new water projects.
ii) Department of Water Resources (DWR) will provide
technical assistance to local agencies.
d) Establishes basic requirements for groundwater
sustainability plans.
i) Long-term planning and implementation horizon.
ii) Measurable objectives and interim milestones to
achieve sustainability in 20 years.
iii) Most requirements similar to the current,
voluntary groundwater plan requirements adopted 22
years ago.
iv) DWR will develop new regulations for updating
basin boundaries and criteria to evaluate
sustainability plans.
2)Creates 15 special act districts to manage groundwater, which
are also deemed the exclusive local agencies within their
respective statutory boundaries with powers to comply with
SGMA. These include districts, for example:
a) Alameda County Water District.
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b) Desert Water Agency.
c) Fox Canyon Groundwater Management Agency.
d) Monterey Peninsula Water Management District.
e) Ojai Groundwater Management Agency.
f) Orange County Water District.
PROPOSED LAW
This bill would:
1)Enact the Kings River East Groundwater Sustainability Agency
Act, which creates the Kings River East Groundwater
Sustainability Agency (agency) created in the Counties of
Fresno and Tulare.
a) The boundaries of the agency generally comprise the
south eastern portion of the Kings groundwater subbasin.
i) The initial boundaries of the agency may be
changed upon a petition to the boards of supervisors of
the Counties of Fresno and Tulare after a noticed
public hearing in the county in which the change is
proposed.
ii) The boundaries of the agency shall not be
adjusted to include an area of the basin within the
management area of another groundwater sustainability
agency unless the agency has entered into a memorandum
of agreement or other legal agreement with that
groundwater sustainability agency that permits the area
to be included.
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b) The agency shall be governed by a board of directors
that shall consist of seven members, as follows:
i) One member shall be chosen by Alta Irrigation
District.
ii) One member shall be chosen by the County of
Fresno.
iii) One member shall be chosen by the County of
Tulare.
iv) One member shall be chosen by the cities from
the members of the city councils of the cities whose
territory, at least in part, overlies the territory of
the agency.
v) One member shall be chosen from the members of
the governing boards of the specified special districts
that are not governed by the board of supervisors of
either county, are engaged in water activities, and
whose territory, at least in part, overlies the
territory of the agency.
vi) One member shall be chosen from the members of
the governing boards of special districts that provide
drinking water within the territory of the agency.
vii) One member shall be chosen by the other six
board members to represent agricultural interests
within the territory of the agency. This member shall
reside and be actively and primarily engaged in
production of agriculture within the territory of the
agency. This member shall be selected from a list of at
least five nominations submitted from the Fresno County
Farm Bureau and the Tulare County Farm Bureau, acting
jointly, but the five nominees need not be members of
either organization.
c) The board may adopt ordinances for the purpose of
regulating, conserving, managing, and controlling the use
and extraction of groundwater within the territory of the
agency.
d) The agency shall enter into a coordination agreement
with other local agencies for purposes of coordinating the
agency's plan with other agencies or groundwater
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sustainability plans within the Kings Subbasin as required
by SGMA.
e) The agency may exclude from any of the requirements of
the act, or the operation of any ordinance, any operator
who annually extracts less than a minimum amount of
groundwater as specified by an ordinance adopted by the
board.
f) The agency may collect data and conduct technical and
other investigations of all kinds in order to carry out the
provisions of this act.
g) The agency shall develop and implement a groundwater
sustainability plan pursuant to SGMA to achieve sustainable
groundwater management within the territory of the agency.
h) The agency may exercise any of the powers granted to
groundwater sustainability agencies by SGMA.
i) The agency may impose fees, including groundwater
extraction or other regulated activity, to fund the costs
of a groundwater sustainability program.
2)Add Kings River East to the list of special act districts
which are deemed the exclusive local agencies within their
respective statutory boundaries with powers to comply with
SGMA.
3)Include chaptering instructions should both this bill and SB
564 (Cannella) pass.
ARGUMENTS IN SUPPORT
According to the author, "In 2014 the Legislature passed the
Sustainable Groundwater Management Act (SGMA). The legislation
requires local agencies to manage groundwater basins in a
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sustainable manner and allows for state intervention when
necessary to protect groundwater resources."
"SGMA provides local agencies the ability to develop plans and
implement strategies to sustainability manage groundwater
resources, prioritizes basins with the greatest need and sets a
timeline for implementation. Establishing a sustainability
agency as required by SGMA, authorizes any local agency or a
combination of local agencies to elect to be a GSA through a
joint powers agreement, or memorandum of agreement. The act
leaves no room for a private, non-profit, or unelected member of
the public to sit on a GSA as a voting member."
"SB 37 will create the Kings River East Groundwater
Sustainability Agency as a special act district. The GSA will
cover an area in Fresno and Tulare counties east of the Kings
River, including all of the cities of Dinuba, Orange Cove, and
Reedley as well as the communities of Cutler, East Orosi,
London, Orosi, and Sultana."
"The GSA created under SB 37 would consist of seven members
chosen by the following categories: 1) Alta Irrigation
District; 2) Tulare County; 3) Fresno County; 4) Cities (Dinuba,
Orange Cove, Reedley); 5) Water Districts (Hills Valley
Irrigation District, Orange Cove Irrigation District, Tri-Valley
Water District, and Kings River Water District); 6) Special
Districts that provide drinking water (Cutler Public Utility
District, East Orosi Community Services District, London
Community Service District, Orosi Public Utilities District, and
Sultana Community Services District); and 7) an agricultural
representative."
"SB 37 provides that the GSA shall only have the ability to
carry out the powers provided in SGMA. Additionally, the
creation of this district will not pose challenges to other GSAs
in terms of coordination because of requirements under SGMA for
multiple plans implemented by multiple GSAs within a basin to be
coordinated pursuant to a single coordination agreement."
ARGUMENTS IN OPPOSITION: None received
COMMENTS
Kings Groundwater Subbasin. The Kings subbasin has been
designated by the Department of Water Resources (DWR) as a
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high-priority basin. DWR has also identified it as being one of
21 basins in critical overdraft.
Why Does Agriculture Get Its Own Seat? It is not clear why
private agricultural interests need additional representation on
a board, considering that an irrigation district directly
appoints one of the members and other irrigation districts have
input on a second. In addition, while members of the public on
the governing boards of some local governments may sometimes be
appointed and may have backgrounds in the private sector, the
selection from a list provided by private entities is unusual.
At a minimum, it is a departure from the way most GSAs are
governed.
Related bills: SB 564 (Cannella) creates the North Fork Kings
Groundwater Sustainability Agency, also overlaying a portion of
the Kings subbasin and located north east of the Kings River
East Groundwater Sustainability Agency.
SUGGESTED AMENDMENTS: None
SUPPORT
Alta Irrigation District
Association of California Water Agencies
California Citrus Mutual
City of Dinuba
City of Orange Cove
City of Reedley
Community Water Center
Cutler Public Utility District
Gillette Citrus, Inc.
Hills Valley Irrigation District
Kings County Water District
Kings River Water District
London Community Services District
Orange Cove Irrigation District
Orosi Public Utility District
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Peltzer Enterprises
Sultana Community Services District
Tulare County Board of Supervisors
Tulare County Farm Bureau
OPPOSITION
None Received