BILL ANALYSIS �
SB 263
Page 1
Date of Hearing: August 17, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 263 (Pavley) - As Amended: May 31, 2011
Policy Committee: Water, Parks and
Wildlife Vote: 8-4
Governmental Organization 9-5
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill requires the Department of Water Resources (DWR) to
make well completion reports public. Specifically, this bill:
1)Requires the Department of Water Resources (DWR) to make
public the reports well drillers must submit when a well is
constructed, deepened, reperforated or destroyed.
2)Prohibits the Department of Public Health (DPH) from invoking
the public interest exemption in the state Public Records Act
to obstruct access to well location information in well
completion reports submitted to DWR.
FISCAL EFFECT
Ongoing annual cost of between $100,000 and $125,000 to DWR to
remove, consistent with existing state law, identifying personal
information from well logs. (General Fund or special fund.)
COMMENTS
1)Rationale . The author contends the information contained in
well completion reports, which well operators must provide to
DWR whenever a well is constructed, deepened, reperforated or
destroyed, is useful to groundwater managers, consulting
hydrologists, academics and others interested in studying the
geologic, hydrologic and water quality characteristics of
groundwater basins, earthquake risk assessments and other
geologic hazards, and therefore should be available to the
public.
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2)Background . The state has long recognized the people's
interest in accurate, up-to-date well data. Since 1949,
statute has required well drillers to file a well completion
report with the state for each well drilled. Also known as a
well log, such a report specifies location and depth, soil
types along the length of the well, depth to water, and other
geologic, hydrologic and related information. In 1965, the
Legislature made DWR responsible for regulating well activity
and required any person who digs, bores, or drills a well,
abandons or destroys a well, or deepens or reperforates a
well, to file a report of completion with DWR. The 1965
statute made well logs available to government agencies only
and restricts the general public's access to them.
The original rationale for limiting in statute the public's
access to well logs in unclear. However, some speculate that
the logs were made confidential to protect proprietary
information: rival well drillers could use the soil
characterizations and other data in well logs to facilitate
their well drilling decisions and operations. Whatever the
reasons behind the decision made by the Legislature five
decades ago, today, well logs are unavailable to the public.
In past few years, the public has sought access to well logs,
unsuccessfully. After being rebuffed by the Department of
Public Health (DPH), which cited security concerns, a
community group, in 2010, sought to compel DPH to provide well
location information. The court deferred to DPH's assessment
of the security risk of releasing well log data and denied the
group access. However, the court acknowledged the public
interest in knowing exact well locations, including
investigation of contamination or potential contamination and
protection of drinking water supplies.
3)Opposition . This bill is opposed by several well operators,
including the Long Beach Water Department, the San Gabrielle
Valley Water Association, the California Police Chiefs
Assocaition and others who express concern that release of
well logs to the public poses a security threat in that those
with bad intent, such as terrorists, my use the logs to locate
wells and harm drinking water supplies.
4)Support . This bill is supported by many well operators,
including the Alameda County Water District and the Orange
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County Water District, as well as the American Society of
Civil Engineers and environmental and community groups.
Supporters assert the public interest in accessing water log
data. In addition, supporters refute opponent's security
concerns as follows:
a) The exact location of many drinking water wells is
announced by prominent roadway signage posted by well
operators, as can be readily confirmed by driving 20
minutes from the Capitol.
b) Many wells are visible on aerial images available on the
Internet.
c) Well locations are publicly available in other
documents, such as those prepared as part of compliance
with the California Environmental Quality Act (CEQA).
d) California is the only western state to deny public
access to well log data, with some states publishing such
data online.
e) The locations of surface water storage sites, such as
reservoirs, are known to the public and easily accessible.
f) Well operators cannot rely on well log confidentiality
as part of their well security plans when the exact
locations of many wells are so readily available to the
public today.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081