BILL NUMBER: SB 229 PROPOSED
BILL TEXT
PROPOSED CONFERENCE REPORT SEPTEMBER 9, 2009
CONFERENCE REPORT NO. 1
PROPOSED IN CONFERENCE SEPTEMBER 9, 2009
AMENDED IN ASSEMBLY JULY 9, 2009
AMENDED IN SENATE JUNE 1, 2009
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Pavley
FEBRUARY 23, 2009
An act relating to water. An act to amend
Sections 6103.1 and 6103.4 of the Government Code, and to amend
Sections 1052, 1055, 1055.2, 1525, 1535, 1538, 1551, 1825, 1831,
1845, 2525, 2526, 2550, 2763.5, and 5106 of, to add Sections 1051.1,
1055.5, 1240.5, 1846, and 1847 to, to add Chapter 3.5 (commencing
with Section 1110) to Part 1 of Division 2 of, to add Part 2.11
(commencing with Section 10920) to Division 6 of, and to repeal and
add Section 12924 of, the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
SB 229, as amended, Pavley. Water: Sacramento-San Joaquin
Delta. Water: diversion and use: groundwater.
(1) Existing law generally prohibits the state, or a county, city,
district, or other political subdivision, or any public officer or
body acting in its official capacity on behalf of any of those
entities, from being required to pay any fee for the performance of
an official service. Existing law exempts from this provision any fee
or charge for official services required pursuant to specified
provisions of law relating to water use or water quality.
This bill would expand the exemption to other provisions relating
to water use, including provisions that require the payment of fees
to the State Water Resources Control Board (board) for official
services relating to statements of water diversion and use.
(2) The California Constitution requires the reasonable and
beneficial use of water. Under the public trust doctrine, the board,
among other state agencies, is required to take the public trust into
account in the planning and allocation of water resources and to
protect the public trust whenever feasible. The board and the
California regional water quality control boards (regional boards)
are required to set forth water quality objectives in state and
regional water quality control plans. Existing law establishes the
Water Rights Fund, which consists of various fees and penalties. The
moneys in the Water Rights Fund are available, upon appropriation by
the Legislature, for the administration of the board's water rights
program.
This bill would authorize the board to issue, on its own motion or
upon the petition of an interested party, an interim relief order in
appropriate circumstances to implement or enforce these and related
provisions of law. A person or entity that violates any interim
relief order issued by the board would be liable to the board for a
civil penalty in an amount not to exceed $5,000 for each day in which
a violation occurs. These funds would be deposited in the Water
Rights Fund.
(3) Existing law authorizes the board to investigate all streams,
stream systems, lakes, or other bodies of water, take testimony
relating to the rights to water or the use of water, and ascertain
whether water filed upon or attempted to be appropriated is
appropriated under the laws of the state. Existing law requires the
board to take appropriate actions to prevent waste or the
unreasonable use of water. Under existing law, the board makes
determinations with regard to the availability of recycled water.
This bill would authorize the board, in conducting an
investigation or proceeding for these purposes, to order any person
or entity that diverts water or uses water to submit, under penalty
of perjury, any technical or monitoring report related to the
diversion or use of water by that person or entity. By expanding the
definition of the crime of perjury, the bill would impose a
state-mandated local program. The bill would authorize the board, in
connection with the investigation or proceeding, to inspect the
facilities of any person or entity to determine compliance with
specified water use requirements.
(4) Existing law authorizes the board, upon the submission of a
petition signed by a claimant to water of any stream system
requesting a determination of rights among the claimants to that
water, to enter an order granting the petition. After granting the
petition, the board is required to investigate the stream system to
gather information necessary to make a determination of the water
rights of that stream system.
This bill would authorize the board to initiate a determination of
rights under its own motion if after a hearing it finds that the
public interest and necessity will be served by a determination of
rights.
(5) Existing law declares that the diversion or use of water other
than as authorized by specified provisions of law is a trespass.
Existing law authorizes the administrative imposition of civil
liability by the board for a trespass in an amount not to exceed $500
for each day in which the trespass occurs. Moneys generated by the
imposition of civil liability under these provisions are deposited in
the Water Rights Fund.
This bill would provide that a person or entity committing a
trespass may be liable in an amount not to exceed the sum of $1,000
for each day in which the trespass occurs and $1,000 for each
acre-foot of water diverted or used other than as authorized by those
specified provisions of law.
(6) Existing law, with certain exceptions, requires each person
who, after December 31, 1965, diverts water to file with the board a
statement of diversion and use.
This bill would establish a rebuttable presumption, in any
proceeding before the board in which it is alleged that an
appropriative right has ceased or is subject to prescribed action,
that no use required to be included in a statement of diversion and
use occurred unless that use is included in a statement that is
submitted to the board within a specified time period.
The bill would require a person who files a statement of diversion
and use, and certain petitions involving a change in a water right,
to pay an annual fee, for deposit in the Water Rights Fund. The bill
would include as recoverable costs, for which the board may be
reimbursed from the fund upon appropriation therefor, costs incurred
in connection with carrying out requirements relating to the
statements of diversion and use and the performance of duties under
the public trust doctrine and provisions that require the reasonable
use of water.
(7) Existing law authorizes the board to issue a cease and desist
order against a person who is violating, or threatening to violate,
certain requirements, including requirements set forth in a decision
or order relating to the unauthorized use of water. Any person who
violates a cease and desist order may be liable in an amount not to
exceed $1,000 for each day in which the violation occurs. Revenue
generated from these penalties is deposited in the Water Rights Fund.
This bill would authorize the board to issue a cease and desist
order in response to a violation of certain requirements relating to
the unauthorized diversion or use of water or of a reporting or
monitoring requirement established under a decision, order, or
regulation adopted by the board pursuant to various provisions of
law, including the public trust doctrine. The bill would increase the
civil penalties that apply to a person who violates a cease and
desist order by subjecting a violator to a civil penalty in an amount
not to exceed the sum of $2,500 for each day in which the violation
occurs and $2,500 for each acre-foot of water diverted or used in
violation of the cease and desist order.
The bill would impose civil liability, in an amount not to exceed
$500 for each day in which a violation occurs, for a failure to
comply with various reporting or monitoring requirements, including
requirements imposed pursuant to the public trust doctrine. The bill
would authorize the board to impose additional civil liability, in an
amount not to exceed $500 for each day in which a violation occurs,
for the violation of a permit, license, certificate, or registration,
or an order or regulation involving the unreasonable use of water.
Funds derived from the imposition of these civil penalties would be
deposited in the Water Rights Fund.
The bill would require the board to adjust for inflation, by
January 1 of each year, beginning in 2011, the amounts of civil and
administrative liabilities or penalties imposed by the board in water
right actions, as specified.
The bill would require that, in a proceeding before the board in
which it is alleged that an appropriative water right has ceased, or
is subject to prescribed action, there would be a rebuttable
presumption that no use occurred on or after January 1, 2009, unless
that diversion or use was reported to the board within six months
after it is required to be filed with the board.
(8) Existing law authorizes a local agency whose service area
includes a groundwater basin that is not subject to groundwater
management to adopt and implement a groundwater management plan
pursuant to certain provisions of law. Existing law requires a
groundwater management plan to include certain components to qualify
as a plan for the purposes of those provisions, including a provision
that establishes funding requirements for the construction of
certain groundwater projects.
This bill would establish a groundwater monitoring program
pursuant to which specified entities, in accordance with prescribed
procedures, may propose to be designated by the Department of Water
Resources as groundwater monitoring entities, as defined, for the
purposes of monitoring and reporting with regard to groundwater
elevations in all or part of a basin or subbasin, as defined. The
bill would require the department to work cooperatively with each
monitoring entity to determine the manner in which groundwater
elevation information should be reported to the department. The bill
would authorize the department to make recommendations for improving
an existing monitoring program, require additional monitoring wells
under certain circumstances, and require the department, under
prescribed circumstances, to perform groundwater monitoring functions
for those portions of a basin or a subbasin for which no monitoring
entity has agreed to perform those functions under this program.
(9) Existing law requires the department to conduct an
investigation of the state's groundwater basins and to report its
findings to the Governor and the Legislature not later than January
1, 1980.
This bill would repeal that provision. The department would be
required to conduct an investigation of the state's groundwater
basins and to report its findings to the Governor and the Legislature
not later than January 1, 2012, and every 5 years thereafter.
(10) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(11) These provisions would only become operative if AB 39, AB 49,
SB 12, and SB 458 of the 2009-10 Regular Session of the Legislature,
relating to water use and resource management, are enacted and
become effective on or before January 1, 2010.
Existing law requires the Secretary of the Resources Agency to
convene a committee to develop and submit to the Governor and the
Legislature, on or before December 31, 2008, recommendations for
implementing a specified strategic plan relating to the sustainable
management of the Sacramento-San Joaquin Delta.
This bill would declare legislative intent to enact legislation to
authorize actions to be undertaken prior to the adoption of a
comprehensive Sacramento-San Joaquin Delta Plan.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6103.1 of the
Government Code is amended to read:
6103.1. Section 6103 does not apply to any fee or charge for
official services required by Parts Part 1
(commencing with Section 1000), Part 2 (commencing with Section
1200) , Part 3 (commencing with Section 2000),
and Part 4 (commencing with Section 4000) ,
Part 5 (commencing with Section 4999), or Part 5.1
(commencing with Section 5100) of Division 2 , Division 7
(commencing with Section 13000), or Division 35 (commencing with
Section 85000) of the Water Code.
SEC. 2. Section 6103.4 of the
Government Code is amended to read:
6103.4. Section 6103 does not apply to any fee or charge for
official services required by Section 100860 of the Health and Safety
Code , or Part 5 (commencing with Section 4999) of Division
2, or Division 7 (commencing with Section 13000), of the Water Code
.
SEC. 3. Section 1051.1 is added to the
Water Code , to read:
1051.1. (a) In conducting any investigation or proceeding
specified in Section 275 or 1051, or Article 7 (commencing with
Section 13550) of Chapter 7 of Division 7, the board may order any
person or entity that diverts or uses water to prepare, under penalty
of perjury, and to submit to the board, any technical or monitoring
program reports related to that person's or entity's diversion or use
of water as the board may specify. The costs incurred by the person
or entity in the preparation of those reports shall bear a reasonable
relationship to the need for the report and the benefit to be
obtained from the report. If the preparation of individual reports
would result in a duplication of effort, or if the reports are
necessary to evaluate the cumulative effect of several diversions or
uses of water, the board may order any person or entity subject to
this subdivision to pay a reasonable share of the cost of preparing
reports.
(b) Any order issued under this section shall be served by
personal service or registered mail on the party required to submit
technical or monitoring program reports or to pay a share of the
costs of preparing reports. Unless the board issues the order after a
hearing, the order shall inform the party of the right to request a
hearing within 30 days after the party has been served. If the party
does not request a hearing within that 30-day period, the order shall
take effect as issued. If the party requests a hearing within that
30-day period, the board may adopt a decision and order after
conducting a hearing.
(c) Upon application of any person or entity or upon its own
motion, the board may review and revise any order issued pursuant to
this section, in accordance with the procedures set forth in
subdivision (b).
(d) In conducting any investigation or proceeding specified in
Section 275 or 1051, or Article 7 (commencing with Section 13550) of
Chapter 7 of Division 7, the board may inspect the facilities of any
person or entity to ascertain whether the purposes of Section 100 and
this division are being met and to ascertain compliance with any
permit, license, certification, registration, decision, order or
regulation issued under Section 275, this division, or Article 7
(commencing with Section 13550) of Chapter 7 of Division 7. Except in
the event of an emergency affecting the public health or safety, the
inspection shall be made with the consent of the owner or possessor
of the facilities or, if the consent is withheld, with a warrant duly
issued pursuant to the procedure set forth in Title 13 (commencing
with Section 1822.50) of Part 3 of the Code of Civil Procedure.
SEC. 4. Section 1052 of the Water Code
is amended to read:
1052. (a) The diversion or use of water subject to this division
other than as authorized in this division is a trespass.
(b) Civil liability may be administratively imposed by the board
pursuant to Section 1055 for a trespass as defined in this section in
an amount not to exceed five hundred dollars ($500) for each day in
which the trespass occurs.
(c)
(b) The Attorney General, upon request of the board,
shall institute in the superior court in and for any county
wherein in which the diversion or use is
threatened, is occurring, or has occurred appropriate
an action for the issuance of injunctive relief
as may be warranted by way of temporary restraining order,
preliminary injunction, or permanent injunction.
(d)
(c) (1) Any person or entity
committing a trespass as defined in this section may be liable
for a sum in an amount not to exceed
five hundred dollars ($500) for each day in which the
trespass occurs. The the sum of the following:
(A) One thousand dollars ($1,000) for each day in which the
trespass occurs.
(B) One thousand dollars ($1,000) for each acre-foot of water
diverted or used other than as authorized in this division.
(2) Civil liability may be imposed by the superior court.
The Attorney General, upon request of the board, shall
petition the superior court to impose, assess, and recover any sums
pursuant to this subdivision. In determining the appropriate amount,
the court shall take into consideration all relevant circumstances,
including, but not limited to, the extent of harm caused by the
violation, the nature and persistence of the violation, the length of
time over which the violation occurs, and the corrective action, if
any, taken by the violator.
(3) Civil liability may be imposed by the board pursuant to
Section 1055.
(e)
(d) All funds recovered pursuant to this section shall
be deposited in the Water Rights Fund established pursuant to Section
1550.
(f)
(e) The remedies prescribed in this section are
cumulative and not alternative.
SEC. 5. Section 1055 of the Water Code
is amended to read:
1055. (a) The executive director of the board may issue a
complaint to any person or entity on which administrative civil
liability may be imposed pursuant to Section 1052 , Section
1536, Section 1845, or 1118, Article 4 (commencing
with Section 1845) of Chapter 12 of Part 2 of Division 2, or
Section 5107. The complaint shall allege the act or failure to act
that constitutes a trespass or violation, the provision of law
authorizing civil liability to be imposed, and the proposed civil
liability.
(b) The complaint shall be served by personal notice or certified
mail, and shall inform the party served that the party may request a
hearing not later than 20 days from the date the party was served.
The hearing shall be before the board, or a member of the
board as it may specify in accordance with
Section 183 .
(c) After any hearing, the member shall report a proposed decision
and order to the board and shall supply a copy to the party served
with the complaint, the board's executive director, and any other
person requesting a copy. The member of the board acting as hearing
officer may sit as a member of the board in deciding the matter. The
board, after making an independent review of the record and taking
any additional evidence as may be necessary that could not reasonably
have been offered before the hearing officer, may adopt, with or
without revision, the proposed decision and order.
(c) The board may adopt an order setting administrative civil
liability, or determining that no liability will be imposed, after
any necessary hearing.
(d) Orders setting administrative civil liability shall become
effective and final upon issuance thereof and payment shall be made.
SEC. 6. Section 1055.2 of the Water
Code is amended to read:
1055.2. No person or entity shall be subject to both civil
liability imposed under Section 1055 and civil liability imposed by
the superior court under subdivision (d) of
Section 1052, Section 1536 1118 ,
or Section 1845 , or Section 1846 for
the same act or failure to act.
SEC. 7. Section 1055.5 is added to the
Water Code , to read:
1055.5. (a) (1) The board shall adjust on an annual basis, by
January 1 of each year beginning in 2011, all civil and
administrative liabilities or penalties imposed by the board in an
action brought at the request of the board pursuant this division, to
adjust the maximum amounts specified in this division for inflation,
as established by the amount by which the California Consumer Price
Index for the month of June of the year prior to the adjustment
exceeds the California Consumer Price Index for June of the calendar
year in which legislation was last enacted establishing or amending
the maximum amount of the liability or penalty.
(2) The amount of any liability or penalty determined pursuant to
this subdivision shall be rounded as follows:
(A) To the nearest multiple of ten dollars ($10) in the case of a
liability or penalty that is less than or equal to one hundred
dollars ($100).
(B) To the nearest multiple of one hundred dollars ($100) in the
case of a liability or penalty that is greater than one hundred
dollars ($100), but less than or equal to one thousand dollars
($1,000).
(C) To the nearest multiple of one thousand dollars ($1,000) in
the case of a liability or penalty that is greater than one thousand
dollars ($1,000) but less than or equal to ten thousand dollars
($10,000).
(D) To the nearest multiple of five thousand dollars ($5,000) in
the case of a liability or penalty that is greater than ten thousand
dollars ($10,000).
(3) Inflation adjustments made pursuant to this subdivision are
exempt from the requirements of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code. The
updated civil and administrative liability or penalties pursuant to
the inflation adjustment shall be filed with the Secretary of State
and published in the California Code of Regulations.
(b) This section does not apply to any liability imposed under
Section 1538.
(c) The board shall report to the Legislature with regard to the
implementation of this section.
SEC. 8. Chapter 3.5 (commencing with Section 1110)
is added to Part 1 of Division 2 of the Water Code
, to read:
CHAPTER 3.5. INTERIM RELIEF
1110. (a) The board may issue an interim relief order in
appropriate circumstances, after notice and an opportunity for a
hearing, in proceedings to apply or enforce any of the following:
(1) Section 2 of Article X of the California Constitution.
(2) The public trust doctrine.
(3) Water quality objectives adopted pursuant to subdivision (b)
of Section 13142, Section 13170, or Section 13241.
(4) The requirements set forth in permits, licenses, certificates,
and registrations issued pursuant to Part 2 (commencing with Section
1200), including actions that invoke the board's reserved
jurisdiction.
(5) Division 1 (commencing with Section 100), this division, or
Article 7 (commencing with Section 13550) of Chapter 7 of Division 7.
(6) Section 5937 of the Fish and Game Code.
(b) The board may commence an interim relief proceeding on its own
motion or upon the petition of any interested party. The board shall
not accept any petition that does not include all of the following
information:
(1) The name and address of the petitioner.
(2) A description of the specific diversion or use of water that
the petitioner is contesting.
(3) A statement of the petitioner's interest in the contested
diversion or use of water.
(4) Identification of the proceedings in which interim relief is
requested.
(5) A description of the harm or injury complained of.
(6) An explanation of the nexus between the diversion or use and
the alleged harm or injury.
(7) A statement of reasons that would justify the relief that the
petitioner has requested.
(8) Any additional information that the board may deem
appropriate.
(c) The board may dismiss a petition that does not raise
substantial issues that are appropriate for review.
(d) Unless the board concludes that consideration of the matter is
urgent, the board shall provide notice at least 20 days before the
hearing date. In its discretion, the board may provide that the
evidence to be considered shall be based on declarations under
penalty of perjury, the testimony of witnesses at the hearing, or
both. The board shall also consider oral or written legal argument
that is provided in a timely manner by the parties. The board may
establish a schedule for filing declarations and written arguments.
(e) If the board issues an interim relief order without providing
at least 20 days' notice before the hearing date, or if the board
issues an interim relief order after considering the declaration of
any witness who is not available for cross examination, the interim
relief order shall remain in effect for a period not to exceed 180
days unless the party to whom the interim relief order is issued
agrees to an extension of that period. This subdivision is not a
limitation on the authority of the board to issue any additional
interim relief in response to changed circumstances.
(f) In determining whether to provide interim relief, and the
nature and extent of the relief, the board shall consider all
relevant circumstances, including the effects on other legal users of
water, fish, wildlife, and other instream beneficial uses, the
extent of harm, the necessity for relief, and any appropriate measure
to minimize any adverse effects of providing interim relief. Except
where relief is limited to requirements for submission of reports,
participation in studies, or environmental documentation, the board
shall not order interim relief except upon a showing of both
reasonable probability of success on the merits and that the hardship
from denying interim relief outweighs any harm caused by granting
interim relief.
1111. (a) As part of the interim relief order, the board may
require the water diverter or user to do any of the following:
(1) Cease all harmful practices.
(2) Employ specific procedures and operations to prevent or
mitigate the harm.
(3) Complete technical and monitoring work and prepare and submit
reports on that work, including draft environmental documentation.
(4) Participate in and provide funding for studies that the board
determines are reasonably necessary to evaluate the impact of the
diversion or use that is the subject of the proceeding.
(5) Reimburse the board's expenses for the preparation of any
necessary environmental documentation.
(6) Take other required action.
(b) The board shall set a schedule for compliance with any interim
relief order. If a schedule is not being met, the board may hold a
hearing, in accordance with Section 1110, to consider changes or
other actions which are appropriate under the circumstances,
including, but not limited to, further interim relief or changes in
the schedule.
1112. If the board orders interim relief, the board shall set a
schedule, as soon as reasonably possible, for the board's
consideration of permanent relief. The schedule shall include actions
that the water diverter or user is required to undertake to ensure
timely consideration of the permanent relief. The actions required of
the water diverter or user may include, but are not limited to, the
completion of technical and monitoring work, the preparation and
submittal of reports on that work, including draft environmental
documentation, and the reimbursement of the board's expenses. If the
schedule is not being met, the board may hold a hearing in accordance
with Section 1110 to consider changes or other actions as may be
appropriate under the circumstances. Any permanent relief shall be
granted after notice and an opportunity for a hearing.
1113. (a) Except as otherwise specified in this section, any
interim relief order issued by the board is exempt from the
requirements of Division 13 (commencing with Section 21000) of the
Public Resources Code if the board makes either of the following
findings:
(1) Providing interim relief will not have a significant adverse
effect on the environment.
(2) Providing interim relief will result in environmental benefits
or prevent harm to environmental resources, and the benefits
provided or harm prevented outweighs any adverse risks that may
result from providing interim relief. If the board makes a finding
pursuant to this paragraph, the board shall also adopt the finding or
findings specified in Section 21081 of the Public Resources Code.
(b) Any findings of the board pursuant to this section shall be
supported by substantial evidence in the record. If the board makes
the findings specified in paragraph (1) of subdivision (a) of Section
21081 of the Public Resources Code, or if the board finds that
providing interim relief will not have a significant adverse effect
on the environment because any potentially significant adverse effect
will be avoided as a result of mitigation incorporated in the board'
s order, the board shall adopt a reporting and monitoring program in
accordance with Section 21081.6 of the Public Resources Code.
(c) Sections 21167, 21167.1, 21167.4, 21167.5, 21167.6, 21167.7,
21167.8, 21168, 21168.5, 21168.9, and 21177 of the Public Resources
Code shall apply to any action or proceeding to attack, review, set
aside, void, or annul any action or decision of the board pursuant to
this chapter on grounds of noncompliance with this section.
1114. The board may review and revise any part of an interim
relief order at any time after notice to all interested parties and
an opportunity for hearing.
1115. The issuance or denial of an interim relief order by the
board shall not be deemed to alter the burdens of proof or the
burdens of coming forward, with respect to the board's final decision
on the merits in the proceeding in which interim relief is
requested.
1116. This chapter is not a limitation on the jurisdiction of any
court or agency over any matter within that court's or agency's
jurisdiction.
1117. If any water diverter or user fails to comply with any part
of an interim relief order, the Attorney General, upon the request
of the board, shall petition the superior court for the issuance of a
prohibitory or mandatory injunctive relief, as necessary, through
the issuance of a temporary restraining order, preliminary
injunction, or permanent injunction.
1118. (a) Any person or entity who violates any interim relief
order issued by the board is liable for a civil penalty of not more
than five thousand dollars ($5,000) for each day in which a violation
occurs.
(1) Civil liability may be imposed by the superior court. The
Attorney General, upon request of the board, shall petition the
superior court to impose the liability.
(2) Civil liability may be imposed administratively by the board
pursuant to Section 1055.
(b) In determining the appropriate amount, the court or the board,
as the case may be, shall consider all the relevant circumstances,
including the extent of harm caused by the violation, the nature and
persistence of the violation, the length of time over which the
violation occurs, and any corrective action undertaken by the
violator.
(c) Funds derived from civil penalties assessed pursuant to this
section shall be deposited in the Water Rights Fund.
SEC. 9. Section 1240.5 is added to the
Water Code , to read:
1240.5. In any proceeding before the board in which it is alleged
that a right to appropriate water has ceased or is subject to
forfeiture or revocation for nonuse, there shall be a rebuttable
presumption that no use occurred unless that use is included in a
statement submitted pursuant to any reporting or monitoring
requirement established under any permit, license, certificate,
registration, decision or order, or regulation issued by the board
pursuant to this division, Section 275, Article 7 (commencing with
Section 13550) of Division 7, or the public trust doctrine under this
part, and the statement is submitted within six months after it is
required to be filed with the board. This section does not apply to
any diversion or use that occurred before January 1, 2009.
SEC. 10. Section 1525 of the Water Code
is amended to read:
1525. (a) Each person or entity who holds a permit or license to
appropriate water, and each lessor of water leased under Chapter 1.5
(commencing with Section 1020) of Part 1, shall pay an annual fee
according to a fee schedule established by the board.
(b) Each person or entity who files any of the following shall pay
a fee according to a fee schedule established by the board:
(1) An application for a permit to appropriate water.
(2) A registration of appropriation for a small domestic use or
livestock stockpond use .
(3) A petition for an extension of time within which to begin
construction, to complete construction, or to apply the water to full
beneficial use under a permit.
(4) A petition to change the point of diversion, place of use, or
purpose of use, under a registration for small domestic use or
livestock stockpond use, or under a permit or license.
(5) A petition to change the conditions of a permit or license,
requested by the permittee or licensee, that is not otherwise subject
to paragraph (3) or (4).
(6) A petition under Section 1707 or 1740 to change the point of
diversion, place of use, or purpose of use of a water right that is
not subject to a permit or license to appropriate water.
(6)
(7) A petition to change the point of discharge, place
of use, or purpose of use, of treated wastewater, requested pursuant
to Section 1211.
(7)
(8) An application for approval of a water lease
agreement.
(8)
(9) A request for release from priority pursuant to
Section 10504.
(9)
(10) An application for an assignment of a state-filed
application pursuant to Section 10504.
(11) A statement of water diversion and use pursuant to Part 5.1
(commencing with Section 5100).
(c) The board shall set the fee schedule authorized by this
section so that the total amount of fees collected pursuant to this
section equals that amount necessary to recover costs incurred in
connection with the issuance, administration, review, monitoring, and
enforcement of permits, licenses, certificates, and registrations to
appropriate water, water leases, statements of diversion and
use, and orders approving changes in point of discharge, place
of use, or purpose of use of treated wastewater. The board may
include, as recoverable costs, but is not limited to including, the
costs incurred in reviewing applications, registrations,
statements of diversion and use, petitions and requests,
prescribing terms of permits, licenses, registrations, and change
orders, enforcing and evaluating compliance with permits, licenses,
certificates, registrations, change orders, and water leases,
inspection, monitoring, planning, modeling, reviewing documents
prepared for the purpose of regulating the diversion and use of
water, applying and enforcing the public trust doctrine, Section
275, the prohibition set forth in Section 1052 against the
unauthorized diversion or use of water subject to this division,
the requirements under Part 5.1 (commencing with Section 5100) for
filing statements of diversion and use, and the administrative
costs incurred in connection with carrying out these actions.
(d) (1) The board shall adopt the schedule of fees authorized
under this section as emergency regulations in accordance with
Section 1530.
(2) For filings subject to subdivision (b), the schedule may
provide for a single filing fee or for an initial filing fee followed
by an annual fee, as appropriate to the type of filing involved, and
may include supplemental fees for filings that have already been
made but have not yet been acted
upon by the board at the time the schedule of fees takes effect.
(3) The board shall set the amount of total revenue collected each
year through the fees authorized by this section at an amount equal
to the revenue levels set forth in the annual Budget Act for this
activity. The board shall review and revise the fees each fiscal year
as necessary to conform with the revenue levels set forth in the
annual Budget Act. If the board determines that the revenue collected
during the preceding year was greater than, or less than, the
revenue levels set forth in the annual Budget Act, the board may
further adjust the annual fees to compensate for the over or under
collection of revenue.
(e) Annual fees imposed pursuant to this section for the 2003-04
fiscal year shall be assessed for the entire 2003-04 fiscal year.
SEC. 11. Section 1535 of the Water Code
is amended to read:
1535. (a) Any fee subject to this chapter that is required in
connection with the filing of an application, registration, request
, statement, or proof of claim, other than an annual fee
required after the period covered by the initial filing fee, shall be
paid to the board.
(b) If a fee established under subdivision (b) of Section 1525,
Section 1528, or Section 13160.1 is not paid when due, the board may
cancel the application, registration, petition, request,
statement, or claim, or may refer the matter to the State Board
of Equalization for collection of the unpaid fee.
SEC. 12. Section 1538 of the Water Code
is amended to read:
1538. (a) In any proceeding pursuant to
Section 1052 in which it is determined that there has been a
violation of the prohibition against the unauthorized diversion or
use of water subject to this division, the board or court, as the
case may be, may impose an additional liability in the amount of
150 percent of any annual fees that would have been required
under this division if the diversion or use had been authorized by a
permit or license to appropriate water.
(b) In any proceeding pursuant to Section 5107 in which the
board imposes liability for a failure to file a statement of
diversion and use or for a material misstatement in a statement of
diversion and use, the board may impose an additional liability in
the amount of 150 percent of any fees that have not been paid but
would have been required under this division if the statement of
diversion and use had been filed and did not make any material
misstatement.
(c) The additional liability imposed under this section may
include interest, at the rate provided under Section 685.010 of the
Code of Civil Procedure, from the dates the annual fees would have
been assessed.
SEC. 13. Section 1551 of the Water Code
is amended to read:
1551. All of the following shall be deposited in the Water Rights
Fund:
(a) All fees, expenses, and penalties collected by the board or
the State Board of Equalization under this chapter and Part 3
(commencing with Section 2000).
(b) All funds collected under Section 1052, 1845
Section 1118, Article 4 (commencing with Section 1845)
of Chapter 12 , or Section 5107.
(c) All fees collected under Section 13160.1 in connection with
certificates for activities involving hydroelectric power projects
subject to licensing by the Federal Energy Regulatory Commission.
SEC. 14. Section 1825 of the Water Code
is amended to read:
1825. It is the intent of the Legislature that the state should
take vigorous action to enforce the terms and conditions of permits
, licenses, certifications, and registrations to
appropriate water, to enforce state board orders and decisions,
and to prevent the unlawful diversion of water
, and to prevent the waste, unreasonable use, unreasonable
method of use, or unreasonable method of diversion ,
of water, and to enforce reporting and monitoring requirements
.
SEC. 15. Section 1831 of the Water Code
is amended to read:
1831. (a) When If the board
determines that any person is violating, or threatening to violate,
any requirement described in subdivision (d), the board may issue an
order to that person to cease and desist from that violation.
(b) The cease and desist order shall require that person to comply
forthwith or in accordance with a time schedule set by the board.
(c) The board may issue a cease and desist order only after notice
and an opportunity for hearing pursuant to Section 1834.
(d) The board may issue a cease and desist order in response to a
violation or threatened violation of any of the following:
(1) The prohibition set forth in Section 1052 against the
unauthorized diversion or use of water subject to this division.
(2) Any term or condition of a permit, license, certification, or
registration issued under this division.
(3) Any decision or order of the board issued under this part,
Section 275, or Article 7 (commencing with Section 13550) of Chapter
7 of Division 7, in which decision or order the person to whom the
cease and desist order will be issued, or a predecessor in interest
to that person, was named as a party directly affected by the
decision or order.
(4) Any regulation adopted under Section 275 provided that the
board shall not issue a cease and desist order for violation of a
regulation adopted by the department, other than a regulation jointly
adopted by the department and the board, unless enforcement is
requested by the department.
(5) Any reporting or monitoring requirement established under any
decision, order, or regulation issued by the board pursuant to this
division, Section 275, Article 7 (commencing with Section 13550) of
Division 7, or the public trust doctrine.
(e) This article shall does not
authorize the board to regulate , in any manner, the
diversion or use of water not otherwise subject to regulation
of by the board under this
part .
SEC. 16. Section 1845 of the Water Code
is amended to read:
1845. (a) Upon the failure of any person to comply with a cease
and desist order issued by the board pursuant to this chapter, the
Attorney General, upon the request of the board, shall petition the
superior court for the issuance of prohibitory or mandatory
injunctive relief as appropriate, including a temporary restraining
order, preliminary injunction, or permanent injunction.
(b) (1) Any person or entity who violates a cease and desist order
issued pursuant to this chapter may be liable for a sum
in an amount not to exceed one thousand
dollars ($1,000) for each day in which the violation occurs.
the sum of the following:
(A) Two thousand five hundred dollars ($2,500) for each day in
which the violation occurs.
(B) Two thousand five hundred dollars ($2,500) for each acre-foot
of water diverted or used in violation of the cease and desist order.
(2) Civil liability may be imposed by the superior court. The
Attorney General, upon the request of the board, shall petition the
superior court to impose, assess, and recover those sums.
(3) Civil liability may be imposed administratively by the board
pursuant to Section 1055.
(c) In determining the appropriate amount, the court, or the
board, as the case may be, shall take into consideration all relevant
circumstances, including, but not limited to, the extent of harm
caused by the violation, the nature and persistence of the violation,
the length of time over which the violation occurs, and the
corrective action, if any, taken by the violator.
(d) All funds recovered pursuant to this section shall be
deposited in the Water Rights Fund established pursuant to Section
1550.
SEC. 17. Section 1846 is added to the
Water Code , to read:
1846. (a) Any person or entity subject to a monitoring or
reporting requirement specified in subdivision (f) who violates that
reporting or monitoring requirement, makes a material misstatement in
any record or report submitted under that reporting or monitoring
requirement, or tampers with or renders inaccurate any monitoring
device required under that reporting or monitoring requirement shall
be liable for a sum not to exceed five hundred dollars ($500) for
each day in which the violation occurs.
(b) Civil liability may be imposed by the superior court. The
Attorney General, upon the request of the board, shall petition the
superior court to impose, assess, and recover those sums.
(c) Civil liability may be imposed administratively by the board
pursuant to Section 1055.
(d) In determining the appropriate amount, the court, or the
board, as the case may be, shall take into consideration all relevant
circumstances, including, but not limited to, the extent of harm
caused by the violation, the nature and persistence of the violation,
the length of time over which the violation occurs, and the
corrective action, if any, taken by the violator.
(e) All funds recovered pursuant to this section shall be
deposited in the Water Rights Fund established pursuant to Section
1550.
(f) (1) This section applies to any reporting or monitoring
requirement established under any permit, license, certificate,
registration, decision or order, or regulation issued by the board
pursuant to this division, Section 275, Article 7 (commencing with
Section 13550) of Division 7, or the public trust doctrine.
(2) This section also applies to any reporting or monitoring
requirement established by the department under Section 275 or 286,
if the department requests enforcement pursuant to this section.
(3) This section does not provide a basis for imposing liability
on a watermaster who is subject to reporting or monitoring
requirements but does not divert or use the water subject to those
requirements.
SEC. 18. Section 1847 is added to the
Water Code , to read:
1847. (a) Any person or entity who violates any term or condition
of a permit, license, certificate, or registration issued under this
division or any order or regulation adopted by the board under
Section 275 may be liable in an amount not to exceed five hundred
dollars ($500) for each day in which the violation occurs.
(b) Civil liability may be imposed by the superior court. The
Attorney General, upon the request of the board, shall petition the
superior court to impose, assess, and recover those sums.
(c) Civil liability may be imposed administratively by the board
pursuant to Section 1055.
(d) In determining the appropriate amount, the court, or the
board, as the case may be, shall take into consideration all relevant
circumstances, including, but not limited to, the extent of harm
caused by the violation, the nature and persistence of the violation,
the length of time over which the violation occurs, and the
corrective action, if any, taken by the violator.
(e) No liability shall be recoverable under this section for any
violation for which liability is recovered under Section 1052 or
1846.
(f) All funds recovered pursuant to this section shall be
deposited in the Water Rights Fund established pursuant to Section
1550.
SEC. 19. Section 2525 of the Water Code
is amended to read:
2525. Upon petition signed by one or more claimants to water of
any stream system, requesting the determination of the rights of the
various claimants to the water of that stream system, the board
shall, if, upon investigation, it finds the facts and conditions are
such that the public interest and necessity will be served by a
determination of the water rights involved, enter an order granting
the petition and make proper arrangements to proceed with the
determination. The board may initiate a determination of rights
under its own motion if after a hearing it finds that the public
interest and necessity will be served by a determination of the
rights involved.
SEC. 20. Section 2526 of the Water Code
is amended to read:
2526. As soon as practicable after granting the petition or
motion the board shall prepare and issue a notice setting forth
the following:
(a) The facts of the entry of the order and of the pendency of the
proceedings; proceedings.
(b) That all claimants to rights to the use of water of the stream
system are required to inform the board within 60 days from the date
of the notice, or such further time as the board may allow, of their
intention to file proof of claim; claim.
(c) The date prior to which all claimants to rights to the water
of the stream system shall notify the board in writing of their
intention to file proof of claim and the address to which all
subsequent notices to the claimant relating to the proceedings may be
sent; sent.
(d) A statement that all claimants will be required to make proof
of their claims at a time to be fixed by the board after the
conclusion of its investigation.
SEC. 21. Section 2550 of the Water Code
is amended to read:
2550. As soon as practicable after granting the petition or
motion , the board shall begin an investigation of the stream
system, of the diversion of water, of all beneficial uses being made
of the water, and of the water supply available for those uses, and
shall gather such other data and information as may be essential to
the proper determination of the water rights in the stream system.
SEC. 22. Section 2763.5 of the Water
Code is amended to read:
2763.5. (a) No exception to the order of determination shall be
considered, except in the court's discretion for good cause shown,
unless the matter of the exception was presented to the board in the
form of an objection. Good cause includes, but is not limited to, the
existence of newly discovered relevant evidence which, in the
exercise of reasonable diligence, could not have been presented to
the board during the board's proceedings.
(b) This section does not apply to persons to whom the board did
not mail either (1) written notice of the board meeting at which the
petition or motion pursuant to Section 2525 is to be
considered as an item of business, or (2) written notice of the
pendency of the proceedings pursuant to Section 2526.
SEC. 23. Section 5106 of the Water Code
is amended to read:
5106. (a) Neither the statements submitted under this part nor
the determination of facts by the board pursuant to Section 5105
shall establish or constitute evidence of a right to divert or use
water.
(b) (1) The board may rely on the names and addresses included in
statements submitted under this part for the purpose of determining
the names and addresses of persons who are to receive notices with
regard to proceedings before the board.
(2) Notwithstanding paragraph (1), any person may submit, in
writing, a request to the board to provide notification to a
different address, and the board shall provide the notification to
that address.
(3) If the board provides notice to persons who file statements
under this part, the notice shall not be determined to be inadequate
on the basis that notice was not received by a person, other than a
party to whom the board's action is directed, who fails to file a
statement required to be filed under this part.
(4) This subdivision does not affect the requirement in Section
2527 to provide notice to all persons who own land that appears to be
riparian to the stream system.
(c) In any proceeding before the board to determine whether an
application for a permit to appropriate water should be approved, any
statement submitted under this part or determination by the board
pursuant to Section 5105 is evidence of the facts stated therein.
(d) (1) In any proceeding before the board in which it is alleged
that an appropriative right has ceased or is subject to forfeiture
for nonuse because water has not been put to beneficial use, there
shall be a rebuttable presumption that no use required to be included
in a statement submitted under this part occurred unless that use is
included in a statement submitted under this part and that the
statement is submitted within six months after it is required to be
filed with the board.
(2) Paragraph (1) does not apply to any use that occurred before
January 1, 2009.
SEC. 24. Part 2.11 (commencing with Section 10920)
is added to Division 6 of the Water Code , to
read:
PART 2.11. GROUNDWATER MONITORING
CHAPTER 1. GENERAL PROVISIONS
10920. (a) It is the intent of the Legislature that on or before
January 1, 2012, groundwater elevations in all groundwater basins and
subbasins be regularly and systematically monitored locally and that
the resulting groundwater information be made readily and widely
available.
(b) It is the intent of the Legislature that, if local groundwater
interests are unable or unwilling to perform the monitoring
functions described in this part, the department shall assume those
monitoring functions and the department shall recover its costs for
conducting the necessary monitoring from the local groundwater users.
(c) It is further the intent of the Legislature that the
department continue to maintain its current network of monitoring
wells, including groundwater elevation and groundwater quality
monitoring wells, and that the department continue to coordinate
monitoring with local entities.
10921. This part does not require the monitoring of groundwater
elevations in an area that is not within a basin or subbasin.
10922. This part does not expand or otherwise affect the powers
or duties of the department relating to groundwater beyond those
expressly granted by this part.
CHAPTER 2. DEFINITIONS
10925. Unless the context otherwise requires, the definitions set
forth in this section govern the construction of this part.
(a) "Basin" or "subbasin" means a groundwater basin or subbasin
identified and defined in the department's Bulletin No. 118.
(b) "Bulletin No. 118" means the department's report entitled
"California's Groundwater: Bulletin 118" updated in 2003, or as it
may be subsequently updated or revised in accordance with Section
12924.
(c) "Monitoring entity" means a party conducting or coordinating
the monitoring of groundwater elevations pursuant to this part.
(d) "Monitoring functions" and "groundwater monitoring functions"
means the monitoring of groundwater elevations, the reporting of
those elevations to the department, and other related actions
required by this part.
(e) "Monitoring groundwater elevations" means monitoring
groundwater elevations, coordinating the monitoring of groundwater
elevations, or both.
(f) "Voluntary cooperative groundwater monitoring association"
means an association formed for the purposes of monitoring
groundwater elevations pursuant to Section 10935.
CHAPTER 3. GROUNDWATER MONITORING PROGRAM
10927. Any of the following entities may assume responsibility
for monitoring and reporting groundwater elevations in all or a part
of a basin or subbasin in accordance with this part:
(a) A watermaster or water management engineer appointed by a
court or pursuant to statute to administer a final judgment
determining rights to groundwater.
(b) (1) A groundwater management agency with statutory authority
to manage groundwater pursuant to its principle act that is
monitoring groundwater elevations in all or a part of a groundwater
basin or subbasin on or before January 1, 2010.
(2) A water replenishment district established pursuant to
Division 18 (commencing with Section 60000). This part does not
expand or otherwise affect the authority of a water replenishment
district relating to monitoring groundwater elevations.
(c) A local agency that is managing all or part of a groundwater
basin or subbasin pursuant to Part 2.75 (commencing with Section
10750) and that was monitoring groundwater elevations in all or a
part of a groundwater basin or subbasin on or before January 1, 2010,
or a local agency or county that is managing all or part of a
groundwater basin or subbasin pursuant to any other legally
enforceable groundwater management plan with provisions that are
substantively similar to those described in that part and that was
monitoring groundwater elevations in all or a part of a groundwater
basin or subbasin on or before January 1, 2010.
(d) A local agency that is managing all or part of a groundwater
basin or subbasin pursuant to an integrated regional water management
plan prepared pursuant to Part 2.2 (commencing with Section 10530)
that includes a groundwater management component that complies with
the requirements of Section 10753.7.
(e) A county that is not managing all or a part of a groundwater
basin or subbasin pursuant to a legally enforceable groundwater
management plan with provisions that are substantively similar to
those described in Part 2.75 (commencing with Section 10750).
(f) A voluntary cooperative groundwater monitoring association
formed pursuant to Section 10935.
(g) The department pursuant to Section 10934.
10928. (a) Any entity described in subdivision (a) or (b) of
Section 10927 that seeks to assume groundwater monitoring functions
in accordance with this part shall notify the department, in writing,
on or before January 1, 2011. The notification shall include all of
the following information:
(1) The entity's name, address, telephone number, and any other
relevant contact information.
(2) The specific authority described in Section 10927 pursuant to
which the entity qualifies to assume the groundwater monitoring
functions.
(3) A map showing the area for which the entity is requesting to
perform the groundwater monitoring functions.
(4) A statement that the entity will comply with all of the
requirements of this part.
(b) Any entity described in subdivision (c), (d), (e), or (f) of
Section 10927 that seeks to assume groundwater monitoring functions
in accordance with this part shall notify the department, in writing,
by January 1, 2011. The information provided in the notification
shall include all of the following:
(1) The entity's name, address, telephone number, and any other
relevant contact information.
(2) The specific authority described in Section 10927 pursuant to
which the entity qualifies to assume the groundwater monitoring
functions.
(3) For entities that seek to qualify pursuant to subdivision (c)
or (d) of Section 10927, the notification shall also include a copy
of the current groundwater management plan or the groundwater
component of the integrated regional water management plan, as
appropriate.
(4) For entities that seek to qualify pursuant to subdivision (f)
of Section 10927, the notification shall include a statement of
intention to meet the requirements of Section 10935.
(5) A map showing the area for which the entity is proposing to
perform the groundwater monitoring functions.
(6) A statement that the entity will comply with all of the
requirements of this part.
(7) A statement describing the ability and qualifications of the
entity to conduct the groundwater monitoring functions required by
this part.
(c) The department may request additional information that it
deems necessary for the purposes of determining the area that is
proposed to be monitored or the qualifications of the entity to
perform the groundwater monitoring functions.
10929. (a) (1) The department shall review all notifications
received pursuant to Section 10928.
(2) Upon the receipt of a notification pursuant to subdivision (a)
of Section 10928, the department shall verify that the notifying
entity has the appropriate authority under subdivision (a) or (b) of
Section 10927.
(3) Upon the receipt of a notification pursuant to subdivision (b)
of Section 10928, the department shall do both of the following:
(A) Verify that each notification is complete.
(B) Assess the qualifications of the notifying party.
(b) If the department has questions about the completeness or
accuracy of a notification, or the qualifications of a party, the
department shall contact the party to resolve any deficiencies. If
the department is unable to resolve the deficiencies, the department
shall notify the party in writing that the notification will not be
considered further until the deficiencies are corrected.
(c) If the department determines that more than one party seeks to
become the monitoring entity for the same portion of a basin or
subbasin, the department
shall consult with the interested parties to determine which party
will perform the monitoring functions. In determining which party
will perform the monitoring functions under this part, the department
shall follow the order in which entities are identified in Section
10927.
(d) The department shall advise each party on the status of its
notification within three months of receiving the notification.
10930. Upon completion of each review pursuant to Section 10929,
the department shall do both of the following if it determines that a
party will perform monitoring functions under this part:
(a) Notify the party in writing that it is a monitoring entity and
the specific portion of the basin or subbasin for which it shall
assume groundwater monitoring functions.
(b) Post on the department's Internet Web site information that
identifies the monitoring entity and the portion of the basin or
subbasin for which the monitoring entity will be responsible.
10931. (a) The department shall work cooperatively with each
monitoring entity to determine the manner in which groundwater
elevation information should be reported to the department pursuant
to this part. In determining what information should be reported to
the department, the department shall defer to existing monitoring
programs if those programs result in information that demonstrates
seasonal and long-term trends in groundwater elevations. The
department shall collaborate with the State Department of Public
Health to ensure that the information reported to the department will
not result in the inappropriate disclosure of the physical address
or geographical location of drinking water sources, storage
facilities, pumping operational data, or treatment facilities.
(b) (1) For the purposes of this part, the department may
recommend improvements to an existing monitoring program, including
recommendations for additional monitoring wells.
(2) The department may not require additional monitoring wells
unless funds are provided for that purpose.
10932. Monitoring entities shall commence monitoring and
reporting groundwater elevations pursuant to this part on or before
January 1, 2012.
10933. (a) On or before January 1, 2012, 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.
(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 management plan pursuant to Part 2.75
(commencing with Section 10750).
(B) 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) 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 10934.
(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, and the State Mining and Geology Board concurs with that
determination, the department shall perform groundwater monitoring
functions pursuant to Section 10934.
10934. (a) Consistent with Section 10933, the department shall
perform the groundwater monitoring functions for those portions of a
basin or subbasin for which no monitoring entity has agreed to
perform the groundwater monitoring functions.
(b) Upon determining that it is required to perform groundwater
monitoring functions, the department shall notify both of the
following entities that it is forming the groundwater monitoring
district:
(1) Each well owner within the affected area.
(2) Each county that contains all or a part of the affected area.
(c) The department shall impose a charge on each well owner for
its share of the costs of the department to perform the groundwater
monitoring required under this part.
(d) The department shall not assess a fee or charge to recover the
costs for carrying out its power and duties under this part except
as provided in subdivision (c).
(e) The department may establish regulations to implement this
section.
10935. (a) A voluntary cooperative groundwater monitoring
association may be formed for the purposes of monitoring groundwater
elevations in accordance with this part. The association may be
established by contract, a joint powers agreement, a memorandum of
agreement, or other form of agreement deemed acceptable by the
department.
(b) Upon notification to the department by one or more entities
that seek to form a voluntary cooperative groundwater monitoring
association, the department shall work cooperatively with the
interested parties to facilitate the formation of the association.
(c) The contract or agreement shall include all of the following:
(1) The names of the participants.
(2) The boundaries of the area covered by the agreement.
(3) The name or names of the parties responsible for meeting the
requirements of this part.
(4) The method of recovering the costs associated with meeting the
requirements of this part.
(5) Other provisions that may be required by the department.
10936. Costs incurred by the department pursuant to this chapter
may be funded from unallocated bond revenues pursuant to paragraph
(12) of subdivision (a) of Section 75027 of the Public Resources
Code, to the extent those funds are available for those purposes,
except as provided in subdivision (c) of Section 10934.
SEC. 25. Section 12924 of the Water
Code is repealed.
12924. (a) The department shall, in conjunction with other public
agencies, conduct an investigation of the state's groundwater
basins. The department shall identify the state's groundwater basins
on the basis of geological and hydrological conditions and
consideration of political boundary lines whenever practical. The
department shall also investigate existing general patterns of
groundwater pumping and groundwater recharge within such basins to
the extent necessary to identify basins which are subject to critical
conditions of overdraft.
(b) The department shall report its findings to the Governor and
the Legislature not later than January 1, 1980.
SEC. 26. Section 12924 is added to the
Water Code , to read:
12924. (a) The department, in conjunction with other public
agencies, shall conduct an investigation of the state's groundwater
basins. The department shall identify the state's groundwater basins
on the basis of geological and hydrological conditions and
consideration of political boundary lines whenever practical. The
department shall also investigate existing general patterns of
groundwater pumping and groundwater recharge within those basins to
the extent necessary to identify basins that are subject to critical
conditions of overdraft.
(b) The department shall report its findings to the Governor and
the Legislature not later than January 1, 2012, and thereafter in
years ending in 5 and 0.
SEC. 27. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SEC. 28. This act shall only become operative if
Assembly Bill 39, Assembly Bill 49, Senate Bill 12, and Senate Bill
458 of the 2009-10 Regular Session of the Legislature, relating to
water use and resource management, are enacted and become effective
on or before January 1, 2010.
SECTION 1. It is the intent of the Legislature
to enact legislation to authorize actions to be undertaken prior to
the adoption of a comprehensive Sacramento-San Joaquin Delta Plan.