Amended in Senate August 4, 2014

Amended in Senate June 17, 2014

Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1739

Introduced by Assembly Member Dickinson

(Principal coauthor: Senator Pavley)

(Coauthor: Assembly Member Rendon)

February 14, 2014

An act to amend Sections 65352 and 65352.5 of, and to add Section begin delete 65302.12 end delete begin insert 65350.5 end insert to, the Government Code, begin delete and to add Section 1242.1 end delete begin insert and to amend Sections 1120, 1831, 10927, 10933, and 12924 of, to add Sections 113, 1529.5, and 10750.1 end insert to, begin delete and end delete to add begin insert Part 5.2 (commencing with Section 5200) to Division 2 of, and to add end insert Part 2.74 (commencing with Section 10720) to Division 6 of, the Water Code, relating to groundwater.

LEGISLATIVE COUNSEL’S DIGEST

AB 1739, as amended, Dickinson. Groundwater management.

begin insert

(1) The California Constitution requires the reasonable and beneficial use of water. Existing law establishes various state water policies, including the policy that the people of the state have a paramount interest in the use of all the water of the state and that the state is required to determine what water of the state, surface and underground, can be converted to public use or be controlled for public protection.

end insert begin insert

This bill would state the policy of the state that groundwater resources be managed sustainably for long-term water supply reliability and multiple economic, social, or environmental benefits for current and future beneficial uses. This bill would state that sustainable groundwater management is best achieved locally through the development, implementation, and updating of plans and programs based on the best available science.

end insert begin insert

(2) Existing law requires the Department of Water Resources, in conjunction with other public agencies, to conduct an investigation of the state’s groundwater basins and to report its findings to the Legislature not later than January 1, 2012, and thereafter in years ending in 5 and 0. Existing law requires the department to identify the extent of monitoring of groundwater elevations that is being undertaken within each basin or subbasin and to prioritize groundwater basins and subbasins.

end insert begin insert

This bill would require the department, in consultation with the Department of Fish and Wildlife, to identify and develop prioritization criteria for the purpose of identifying groundwater basins and subbasins that should be prioritized based on adverse impacts to habitat and surface water resources. This bill would require the department to categorize each basin as high-, medium-, low-, or very low priority and would require the initial priority for each basin to be established no later than January 1, 2017. This bill would authorize a local agency to request that the department revise the boundaries of a basin. This bill would require the department to provide a copy of its draft revision of a basin’s boundaries to the California Water Commission and would require the commission to hear and comment on the draft revision.

end insert begin insert

(3) Existing law authorizes local agencies to adopt and implement a groundwater management plan. Existing law requires a groundwater management plan to contain specified components and requires a local agency seeking state funds administered by the Department of Water Resources for groundwater projects or groundwater quality projects to do certain things, including, but not limited to, preparing and implementing a groundwater management plan that includes basin management objectives for the groundwater basin.

end insert begin insert

This bill would prohibit, beginning January 1, 2015, a new groundwater management plan from being adopted or an existing groundwater management plan from being renewed, except for a low- or very low priority basin.

end insert begin insert

This bill would require, by January 31, 2020, all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans of a groundwater sustainability agency, with specified exceptions. This bill would require a groundwater sustainability plan to be developed and implemented to meet the sustainability goal, established as prescribed, and would require the plan to include prescribed components. This bill would require a groundwater sustainability agency to certify to the department that its plan complies with the requirements of the act no later than January 31, 2020, and every 5 years thereafter. This bill would encourage and authorize basins designated as low- or very low priority basins to be managed under groundwater sustainability plans.

end insert begin insert

This bill would authorize any local agency, as defined, or combination of local agencies to elect to be a groundwater sustainability agency and would require, within 30 days of electing to be or forming a groundwater sustainability agency, the groundwater sustainability agency to inform the department of its election or formation and its intent to undertake sustainable groundwater management. This bill would provide that a county within which an area unmanaged by a groundwater sustainability agency lies is presumed to be the groundwater sustainability agency for that area and would require the county to provide a prescribed notification to the department. This bill would provide specific authority to a groundwater sustainability agency, including, but not limited to, the ability to require registration of a groundwater extraction facility, to require that a groundwater extraction facility be measured with a water-measuring device, to regulate groundwater pumping, and to impose certain fees.

end insert begin insert

This bill would authorize the department or a groundwater sustainability agency to provide technical assistance to entities that extract or use groundwater to promote water conservation and protect groundwater resources. This bill would require the department, by January 1, 2017, to publish on its Internet Web site best management practices for the sustainable management of groundwater.

end insert begin insert

This bill would require a groundwater sustainability agency to submit a groundwater sustainability plan to the department for review upon completion. This bill would require the department to periodically review groundwater sustainability plans, and by June 1, 2016, would require the department, in consultation with the State Water Resources Control Board, to develop guidelines for evaluating groundwater sustainability plans and groundwater sustainability programs. This bill would authorize a local agency to submit to the department for evaluation and assessment an alternative plan that is not a groundwater sustainability plan that the local agency believes satisfies the objectives of these provisions as a functional equivalent. This bill would provide that a basin is in compliance with these provisions if a groundwater agency or other local agency submits to the department, no later than January 31, 2020, a copy of a governing final judgment or other judicial order or decree establishing a groundwater sustainability program for the basin or a prescribed report that shows that current management or operations activities have been consistent with the sustainable yield of the basin over a period of at least 10 years. This bill would require the department to review any of the above-described submissions at least every 5 years after initial submission to the department. This bill would require the department to adopt a schedule of fees to recover costs incurred.

end insert begin insert

This bill would authorize a groundwater sustainability agency and the board to conduct inspections and would authorize a groundwater sustainability agency or the board to obtain an inspection warrant. Because the willful refusal of an inspection lawfully authorized by an inspection warrant is a misdemeanor, this bill would impose a state-mandated local program by expanding the application of a crime.

end insert begin insert

This bill would authorize the board to designate a basin as a probationary basin, if the board makes a certain determination. This bill would authorize the board to develop an interim plan for a probationary basin if the board, in consultation with the department, determines that a local agency has not remedied a deficiency that resulted in designating the basin as a probationary basin within a certain timeframe. This bill would authorize the board to adopt an interim plan for a probationary basin after notice and a public hearing and would require state entities to comply with an interim plan. This bill would specifically authorize the board to rescind all or a portion of an interim plan if the board determines at the request of specified petitioners that a groundwater sustainability plan or adjudication action is adequate to eliminate the condition of long-term overdraft or condition where groundwater extractions result in significant depletions of interconnected surface waters. This bill would provide that the board has authority to stay its proceedings relating to an interim plan or to rescind or amend an interim plan based on the progress made by a groundwater sustainability agency or in an adjudication action.

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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.

end insert begin insert

This bill would require the board to adopt a schedule of fees in an amount sufficient to recover all costs incurred and expended from the Water Rights Fund for the purpose of administering the above-described provisions.

end insert begin insert

Under existing law, a person who violates a cease and desist order of the board 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.

end insert begin insert

This bill would authorize the board to issue a cease and desist order in response to a violation or threatened violation of the above-described provisions.

end insert begin insert

(4) Existing law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city with specified elements, including, among others, land use and conservation elements. Existing law requires a city or county, upon the adoption or revision of its general plan, on or after January 1, 1996, to utilize as a source document any urban water management plan submitted to the city or county by a water agency.

end insert begin insert

This bill would require, prior to the adoption or any substantial amendment of a general plan, the planning agency to review and consider a groundwater sustainability plan, groundwater management plan, groundwater management court order, judgment, or decree, adjudication of water rights, or a certain order of the State Water Resources Control Board. This bill would require the planning agency to refer a proposed action to adopt or substantially amend a general plan to any groundwater sustainability agency that has adopted a groundwater sustainability plan or local agency that otherwise manages groundwater and to the State Water Resources Control Board if it has adopted an interim plan that includes territory within the planning area.

end insert begin insert

Existing law requires a public water system to provide a planning agency with certain information upon receiving notification of a city’s or a county’s proposed action to adopt or substantially amend a general plan.

end insert begin insert

This bill would also require a public water system to provide a report on the anticipated effect of the proposed action on implementation of a groundwater sustainability plan. This bill would require a groundwater sustainability agency to provide the planning agency with certain information as is appropriate and relevant.

end insert begin insert

By imposing new duties on a city or county, this bill would impose a state-mandated local program.

end insert begin insert

(5) This bill would state the intent of the Legislature to subsequently amend this measure to adopt extraction reporting requirements for basins identified by the State Water Resources Control Board as probationary basins or basins without a groundwater sustainability agency.

end insert begin insert

(6) 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.

end insert begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert begin insert

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

end insert begin insert

(7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

end insert begin insert

This bill would make legislative findings to that effect.

end insert begin delete

(1) Existing law authorizes local agencies, as defined, to adopt and implement a groundwater management plan. Existing law requires a groundwater management plan to contain specified components and requires a local agency seeking state funds administered by the Department of Water Resources for groundwater projects or groundwater quality projects to do certain things, including, but not limited to, preparing and implementing a groundwater management plan that includes basin management objectives for the groundwater basin.

end delete begin delete

This bill would require all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans, with specified exceptions. This bill would require a groundwater sustainability agency to certify that its plan complies with the requirements of this bill no later than January 31, 2020, and every 5 years thereafter. This bill would encourage basins designated as low-priority basins by the department to be managed under groundwater sustainability plans as soon as possible. This bill, to the extent practicable, would require a groundwater sustainability plan to be coterminous and augment a groundwater management plan.

end delete begin delete

This bill would provide specific authority to a groundwater sustainability agency including, but not limited to, the ability to require the registration of a groundwater extraction facility, to require that a groundwater extraction facility be measured with a water-measuring device, to regulate groundwater pumping, and to impose certain charges. This bill, after January 31, 2020, would prohibit a person from increasing groundwater extractions on a property within the basin, as specified, until a groundwater sustainability agency or the State Water Resources Control Board complies with the above-described requirements, unless the person submits to the county a specified report. This bill would authorize a groundwater sustainability agency to conduct inspections and would require the inspection to be made with any necessary consent or with an inspection warrant. Because the willful refusal of an inspection lawfully authorized by an inspection warrant is a misdemeanor, this bill would impose a state-mandated local program by expanding the application of a crime.

end delete begin delete

This bill would authorize the department to provide technical assistance to a groundwater sustainability agency upon the request of the agency and would require, by January 1, 2017, the department to submit to the Legislature and publish on its Internet Web site best management practices for the sustainable management of groundwater.

end delete begin delete

This bill would state the intent of the Legislature to amend this measure to provide that one or more state agencies act to ensure that all basins in California are on track to achieve the sustainability goal if local agencies are unable to adopt or implement groundwater sustainability plans that achieve that goal. This bill would state the intent of the Legislature to amend this measure to provide for expedited adjudications of rights to extract and store water from and in basins by enacting and directing the Judicial Council to develop innovative judicial procedures to manage those adjudications as quickly as reasonably feasible. This bill would state the intent of the Legislature to amend this measure to provide that the State Water Resources Control Board and the regional water quality control boards must weigh the value of surface water for groundwater replenishment and recharge to promote the state’s interest in groundwater sustainability.

end delete begin delete

(2) The California Constitution requires the reasonable and beneficial use of water.

end delete begin delete

This bill would state the policy of the state to encourage conjunctive use of surface and groundwater.

end delete begin delete

(3) Existing law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city with specified elements, including, among others, land use and conservation elements. Existing law requires a city or county, upon the adoption or revision of its general plan, on or after January 1, 1996, to utilize as a source document any urban water management plan submitted to the city or county by a water agency.

end delete begin delete

This bill would require, prior to the adoption or any substantial amendment of a general plan, the planning agency to review, and if necessary revise the land use, conservation, open space, or any other element of the general plan to address a groundwater sustainability plan, groundwater management plan, groundwater management court order, judgment, or decree, adjudication of water rights, or a certain order of the State Water Resources Control Board. This bill would require the planning agency to refer a proposed action to adopt or substantially amend a general plan to any local agency or joint powers authority that has adopted a groundwater sustainability plan or that otherwise manages groundwater and to the State Water Resources Control Board if it has adopted a groundwater sustainability plan that includes territory within the planning area.

end delete begin delete

Existing law requires a public water system to provide a planning agency with certain information upon receiving notification of a city’s or a county’s proposed action to adopt or substantially amend a general plan.

end delete begin delete

This bill would also require a public water system to provide a report on the anticipated effect of the proposed action on implementation of a groundwater sustainability plan. This bill would require a groundwater sustainability agency to provide the planning agency with certain information as is appropriate and relevant.

end delete begin delete

By imposing new duties on a city or county, this bill would impose a state-mandated local program.

end delete begin delete

(4) 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.

end delete begin delete

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end delete begin delete

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

end delete begin delete

(5) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

end delete begin delete

This bill would make legislative findings to that effect.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

(a) The Legislature finds and declares as follows:

end insert begin insert

(1) The people of the state have a primary interest in the
protection, management, and reasonable beneficial use of the
water resources of the state, both surface and underground, and
that the integrated management of the state’s water resources is
essential to meeting its water management goals.

end insert begin insert

(2) Groundwater provides a significant portion of California’s
water supply. Groundwater accounts for more than one-third of
the water used by Californians in an average year and more than
one-half of the water used by Californians in a drought year when
other sources are unavailable.

end insert begin insert

(3) Excessive groundwater pumping can cause overdraft, failed
wells, deteriorated water quality, environmental damage, and
irreversible land subsidence that damages infrastructure and
diminishes the capacity of aquifers to store water for the future.

end insert begin insert

(4) When properly managed, groundwater resources will help
protect communities, farms, and the environment against prolonged
dry periods and climate change, preserving water supplies for
existing and potential beneficial use.

end insert begin insert

(5) Failure to manage groundwater to prevent long-term
overdraft infringes on groundwater rights.

end insert begin insert

(6) Groundwater resources are most effectively managed at the
local or regional level.

end insert begin insert

(7) Groundwater management will not be effective unless local
actions to sustainably manage groundwater basins and subbasins
are taken.

end insert begin insert

(8) Local and regional agencies need to have the necessary
support and authority to manage groundwater sustainably.

end insert begin insert

(9) In those circumstances where a local groundwater
management agency is not managing its groundwater sustainably,
the state needs to protect the resource until it is determined that
a local groundwater management agency can sustainably manage
the groundwater basin or subbasin.

end insert begin insert

(10) Information on the amount of groundwater extraction,
natural and artificial recharge, and groundwater evaluations are
critical for effective management of groundwater.

end insert begin insert

(11) Sustainable groundwater management in California
depends upon creating more opportunities for robust conjunctive
management of surface water resources. Climate change will
intensify the need to recalibrate and reconcile surface and
groundwater management strategies.

end insert begin insert

(b) It is therefore the intent of the Legislature to do all of the
following:

end insert begin insert

(1) To provide local and regional agencies the authority to
sustainably manage groundwater.

end insert begin insert

(2) To provide that if no local groundwater agency or agencies
provide sustainable groundwater management for a groundwater
basin or subbasin, the state has the authority to develop and
implement a groundwater sustainability plan until the time the
local groundwater management agency or agencies can assume
management of the basin or subbasin.

end insert begin insert

(3) To require the development and reporting of those data
necessary to support sustainable groundwater management,
including those data that help describe the basin’s geology, the
short- and long-term trends of the basin’s water balance, and other
measures of sustainability, and those data necessary to resolve
disputes regarding sustainable yield, beneficial uses, and water
rights.

end insert begin insert

(4) To respect overlying and other proprietary rights to
groundwater.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 65350.5 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 65350.5. end insert   

Before the adoption or any substantial amendment
of a city’s or county’s general plan, the planning agency shall
review and consider all of the following:

(a) An adoption of, or update to, a groundwater sustainability
plan or groundwater management plan pursuant to Part 2.74
(commencing with Section 10720) or Part 2.75 (commencing with
Section 10750) of Division 6 of the Water Code or groundwater
management court order, judgment, or decree.

(b) An adjudication of water rights.

(c) An order by the State Water Resources Control Board
pursuant to Chapter 11 (commencing with Section 10735) of Part
2.74 of Division 6 of the Water Code.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 65352 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

65352.  

(a)  begin delete Prior to action by end delete begin insert Before end insert a legislative body begin insert takes
action end insert to adopt or substantially amend a general plan, the planning
agency shall refer the proposed action to all of the following
entities:

(1) A city or county, within or abutting the area covered by the
proposal, and any special district that may be significantly affected
by the proposed action, as determined by the planning agency.

(2) An elementary, high school, or unified school district within
the area covered by the proposed action.

(3) The local agency formation commission.

(4) An areawide planning agency whose operations may be
significantly affected by the proposed action, as determined by the
planning agency.

(5) A federal begin delete agency end delete begin insert agency, end insert if its operations or lands within
its jurisdiction may be significantly affected by the proposed action,
as determined by the planning agency.

(6) (A) The branches of the United States Armed Forces that
have provided the Office of Planning and Research with a
California mailing address pursuant to subdivision (d) of Section
begin delete 65944 when end delete begin insert 65944, if end insert the proposed action is within 1,000 feet of
a military installation, or lies within special use airspace, or beneath
a low-level flight path, as defined in Section 21098 of the Public
Resources Code, begin delete provided that end delete begin insert and if end insert the United States Department
of Defense provides electronic maps of low-level flight paths,
special use airspace, and military installations at a scale and in an
electronic format that is acceptable to the Office of Planning and
Research.

(B) Within 30 days of a determination by the Office of Planning
and Research that the information provided by the Department of
Defense is sufficient and in an acceptable scale and format, the
office shall notify cities, counties, and cities and counties of the
availability of the information on the Internet. Cities, counties, and
cities and counties shall comply with subparagraph (A) within 30
days of receiving this notice from the office.

(7) A public water system, as defined in Section 116275 of the
Health and Safety Code, with 3,000 or more service connections,
that serves water to customers within the area covered by the
proposal. The public water system shall have at least 45 days to
comment on the proposed plan, in accordance with subdivision
(b), and to provide the planning agency with the information set
forth in Section 65352.5.

begin insert

(8) Any groundwater sustainability agency that has adopted a
groundwater sustainability plan pursuant to Part 2.74
(commencing with Section 10720) of Division 6 of the Water Code
or local agency that otherwise manages groundwater pursuant to
other provisions of law or a court order, judgment, or decree within
the planning area of the proposed general plan.

end insert begin insert

(9) The State Water Resources Control Board, if it has adopted
an interim plan pursuant to Part 2.74 (commencing with Section
10720) of Division 6 of the Water Code that includes territory
within the planning area of the proposed general plan.

end insert begin delete

(8)

end delete

begin insert (10) end insert  The Bay Area Air Quality Management District for a
proposed action within the boundaries of the district.

begin delete

(9) On and after March 1, 2005, a

end delete

begin insert (11) end insert begin insert   end insert begin insert A end insert California Native American tribe, that is on the contact
list maintained by the Native American Heritage begin delete Commission,
with end delete begin insert Commission and that has end insert traditional lands located within the
begin delete city end delete begin insert city’s end insert or county’s jurisdiction.

begin delete

(10)

end delete

begin insert (12) end insert  The Central Valley Flood Protection begin delete Board end delete begin insert Board, end insert for a
proposed action within the boundaries of the Sacramento and San
Joaquin Drainage District, as set forth in Section 8501 of the Water
Code.

(b)  begin delete Each end delete begin insert An end insert entity receiving a proposed general plan or
amendment of a general plan pursuant to this section shall have
45 days from the date the referring agency mails it or delivers it
begin delete in which end delete to comment unless a longer period is specified by the
planning agency.

(c) (1) This section is directory, not mandatory, and the failure
to refer a proposed action to the begin delete other end delete entities specified in this
section does not affect the validity of the action, if adopted.

(2) To the extent that the requirements of this section conflict
with the requirements of Chapter 4.4 (commencing with Section
65919), the requirements of Chapter 4.4 shall prevail.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 65352.5 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

65352.5.  

(a) The Legislature finds and declares that it is vital
that there be close coordination and consultation between
California’s water supply begin insert or management end insert agencies and California’s
land use approval agencies to ensure that proper water supply begin insert and
management end insert planning occurs begin delete in order end delete to accommodate projects
that will result in increased demands on water supplies begin insert or impact
water resource management end insert .

(b) It is, therefore, the intent of the Legislature to provide a
standardized process for determining the adequacy of existing and
planned future water supplies to meet existing and planned future
demands on these water supplies begin insert and the impact of land use
decisions on the management of California’s water supply
resources end insert .

(c) Upon receiving, pursuant to Section 65352, notification of
a city’s or a county’s proposed action to adopt or substantially
amend a general plan, a public water system, as defined in Section
116275 of the Health and Safety Code, with 3,000 or more service
connections, shall provide the planning agency with the following
information, as is appropriate and relevant:

(1) The current version of its urban water management plan,
adopted pursuant to Part 2.6 (commencing with Section 10610)
of Division 6 of the Water Code.

(2) The current version of its capital improvement program or
plan, as reported pursuant to Section 31144.73 of the Water Code.

(3) A description of the source or sources of the total water
supply currently available to the water supplier by water right or
contract, taking into account historical data concerning wet, normal,
and dry runoff years.

(4) A description of the quantity of surface water that was
purveyed by the water supplier in each of the previous five years.

(5) A description of the quantity of groundwater that was
purveyed by the water supplier in each of the previous five years.

(6) A description of all proposed additional sources of water
supplies for the water supplier, including the estimated dates by
which these additional sources should be available and the
quantities of additional water supplies that are being proposed.

(7) A description of the total number of customers currently
served by the water supplier, as identified by the following
categories and by the amount of water served to each category:

(A) Agricultural users.

(B) Commercial users.

(C) Industrial users.

(D) Residential users.

(8) Quantification of the expected reduction in total water
demand, identified by each customer category set forth in paragraph
(7), associated with future implementation of water use reduction
measures identified in the water supplier’s urban water
management plan.

(9) Any additional information that is relevant to determining
the adequacy of existing and planned future water supplies to meet
existing and planned future demands on these water supplies.

begin insert

(10) A report on the anticipated effect of proposed action to
adopt or substantially amend a general plan on implementation
of a groundwater sustainability plan pursuant to Part 2.74
(commencing with Section 10720) of Division 6 of the Water Code.

end insert begin insert

(d) Upon receiving, pursuant to Section 65352, notification of
a city’s or a county’s proposed action to adopt or substantially
amend a general plan, a groundwater sustainability agency, as
defined in Section 10720.5 of the Water Code, shall provide the
planning agency with the following information, as is appropriate
and relevant:

end insert begin insert

(1) The current version of its groundwater sustainability plan
adopted pursuant to Part 2.74 (commencing with Section 10720)
of Division 6 of the Water Code.

end insert begin insert

(2) If the groundwater sustainability agency manages
groundwater pursuant to a court order, judgment, decree, or
agreement among affected water rights holders, or if the State
Water Resources Control Board has adopted a groundwater
sustainability plan pursuant to Part 2.74 (commencing with Section
10720) of Division 6 of the Water Code, the groundwater
sustainability agency shall provide the planning agency with maps
of recharge basins and percolation ponds, extraction limitations,
and other relevant information, or the court order, judgment, or
decree.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 113 is added to the end insert begin insert Water Code end insert begin insert , to read: end insert

begin insert

begin insert 113. end insert   

It is the policy of the state that groundwater resources be
managed sustainably for long-term water supply reliability and
multiple economic, social, or environmental benefits for current
and future beneficial uses. Sustainable groundwater management
is best achieved locally through the development, implementation,
and updating of plans and programs based on the best available
science.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 1120 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

1120.  

This chapter applies to any decision or order issued under
this part or Section 275, Part 2 (commencing with Section 1200),
Part 2 (commencing with Section 10500) of Division 6, begin insert Chapter
11 (commencing with Section 10735) of Part 2.74 of Division 6, end insert
Article 7 (commencing with Section 13550) of Chapter 7 of
Division 7, or the public trust doctrine.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 1529.5 is added to the end insert begin insert Water Code end insert begin insert , to read: end insert

begin insert

begin insert 1529.5. end insert   

(a) The board shall adopt a schedule of fees pursuant
to Section 1530 to recover costs incurred in administering Chapter
11 (commencing with Section 10735) of Part 2.74 of Division 6.
Recoverable costs include, but are not limited to, costs incurred
in connection with investigations, facilitation, monitoring, hearings,
enforcement, and administrative costs in carrying out these actions.

(b) The fee schedule adopted under this section may include,
but is not limited to, the following:

(1) A fee for participation as a petitioner or party to an
adjudicative proceeding.

(2) A fee for the filing of a report pursuant to Part 5.2
(commencing with Section 5200) of Division 2 for extractions from
a source within the boundaries of a probationary basin under
Section 10735.2.

(c) Consistent with Section 3 of Article XIII A of the California
Constitution, the board shall set the fees under this section in an
amount sufficient to cover all costs incurred and expended from
the Water Rights Fund for the purpose of Chapter 11 (commencing
with Section 10735) of Part 2.74 of Division 6. In setting these
fees, the board is not required to fully recover these costs in the
year or the year immediately after the costs are incurred, but the
board may provide for recovery of these costs over a period of
years.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 1831 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

1831.  

(a) When 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, begin insert Chapter 11 (commencing with Section 10735) of Part
2.74 of Division 6, end insert 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) A regulation adopted under Section 1058.5.

begin insert

(5) Any pumping restriction, limitation, order, or regulation
adopted or issued under Chapter 11 (commencing with Section
10735) of Part 2.74 of Division 6.

end insert

(e) This article begin delete shall end delete begin insert does end insert not authorize the board to regulate in
any manner, the diversion or use of water not otherwise subject to
regulation of the board under this begin delete part end delete begin insert division or Section 275 end insert .

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Part 5.2 (commencing with Section 5200) is added to
Division 2 of the end insert begin insert Water Code end insert begin insert , to read: end insert

begin insert

 

PART  begin insert 5.2. end insert   Groundwater Extraction Reporting for
Probationary Basins and Basins Without a
Groundwater Sustainability Agency

 

begin insert 5200. end insert   

It is the intent of the Legislature to subsequently amend
this measure to adopt extraction reporting requirements for basins
identified as probationary basins pursuant to Section 10735.2, or
as authorized by subdivision (b) of Section 10724, for basins
without a groundwater sustainability agency.

end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Part 2.74 (commencing with Section 10720) is added
to Division 6 of the end insert begin insert Water Code end insert begin insert , to read: end insert

begin insert

 

PART  begin insert 2.74. end insert   Sustainable Groundwater Management

 

Chapter   begin insert 1. end insert General Provisions

 

begin insert 10720. end insert   

This part shall be known, and may be cited, as the
“Sustainable Groundwater Management Act.”

begin insert 10720.1. end insert   

In enacting this part, it is the intent of the Legislature
to do all of the following:

(a) To provide for the sustainable management of groundwater
basins.

(b) To enhance local management of groundwater consistent
with rights to use or store groundwater and Section 2 of Article X
of the California Constitution. It is the intent of the Legislature to
preserve the security of water rights in the state to the greatest
extent possible consistent with the sustainable management of
groundwater.

(c) To establish minimum standards for sustainable groundwater
management.

(d) To provide local groundwater agencies with the authority
and the technical and financial assistance necessary to sustainably
manage groundwater.

(e) To avoid or minimize subsidence.

(d) To improve data collection and understanding about
groundwater.

(e) To increase groundwater storage and remove impediments
to recharge.

(g) To manage groundwater basins through the actions of local
governmental agencies to the greatest extent feasible, while
minimizing state intervention to only when necessary to ensure
that local agencies manage groundwater in a sustainable manner.

begin insert 10720.3. end insert   

(a) This part applies to all groundwater basins in
the state.

(b) To the extent authorized under federal or tribal law, this
part applies to an Indian tribe and to the federal government,
including, but not limited to, the Department of Defense.

begin insert 10720.5. end insert   

Groundwater management pursuant to this part shall
be consistent with Section 2 of Article X of the California
Constitution. Nothing in this part modifies rights or priorities to
use or store groundwater consistent with Section 2 of Article X of
the California Constitution, except that in basins designated
medium- or high-priority basins by the department, no extraction
of groundwater between January 1, 2015, and the date of adoption
of a groundwater sustainability plan pursuant to this part,
whichever is sooner, may be used as evidence of, or to establish
or defend against, any claim of prescription.

begin insert 10720.7. end insert   

Subject to Chapter 6 (commencing with Section
10725), by January 31, 2020, all basins designated as high- or
medium-priority basins by the department shall be managed under
a groundwater sustainability plan or coordinated groundwater
sustainability plans pursuant to this part. The Legislature
encourages and authorizes basins designated as low-and very low
priority basins by the department to be managed under
groundwater sustainability plans pursuant to this part.

begin insert 10720.9. end insert   

(a) Except as provided in Section 10733.6, this part
does not apply to a local agency that conforms to the requirements
of an adjudication of water rights in a groundwater basin or to
that adjudicated basin. For purposes of this section, an
adjudication includes an adjudication under Section 2101, an
administrative adjudication, and an adjudication in state or federal
court, including, but not limited to, the following adjudicated
groundwater basins:

(1) Beaumont Basin.

(2) Brite Basin.

(3) Central Basin.

(4) Chino Basin.

(5) Cucamonga Basin.

(6) Cummings Basin.

(7) Goleta Basin.

(8) Main San Gabriel Basin: Puente Narrows.

(9) Mojave Basin Area.

(10) Puente Basin.

(11) Raymond Basin.

(12) San Jacinto Basin.

(13) Santa Margarita River Watershed.

(14) Santa Maria Valley Basin.

(15) Santa Paula Basin.

(16) Scott River Stream System.

(17) Seaside Basin.

(18) Six Basins.

(19) Tehachapi Basin.

(20) Upper Los Angeles River Area.

(21) Warren Valley Basin.

(22) West Coast Basin.

(23) Western San Bernardino.

(b) The Antelope Valley basin at issue in the Antelope Valley
Groundwater Cases (Judicial Council Coordination Proceeding
Number 4408) shall be treated as an adjudicated basin pursuant
to this section if the superior court issues a final judgment, order,
or decree.

 

Chapter   begin insert 2. end insert Definitions

 

begin insert 10721. end insert   

Unless the context otherwise requires, the following
definitions govern the construction of this part:

(a) “Adjudication action” means an action filed in the superior
court to determine the rights to extract groundwater from a basin
or store water within a basin, including, but not limited to, actions
to quiet title respecting rights to extract or store groundwater or
an action brought to impose a physical solution on a basin.

(b) “Basin” means a groundwater basin or subbasin identified
and defined in Bulletin 118 or as modified pursuant to Chapter 3
(commencing with Section 10722).

(c) “Bulletin 118” means the department’s report entitled
“California’s Groundwater: Bulletin 118” updated in 2003, as it
may be subsequently updated or revised in accordance with Section
12924.

(d) “Coordination agreement” means a legal agreement adopted
between two or more groundwater sustainability agencies that
provides the basis for coordinating multiple agencies or
groundwater sustainability plans within a basin pursuant to this
part.

(e) “De minimus extractor” means a person who extracts, for
domestic purposes, two acre-feet or less per year.

(f) “Governing body” means the legislative body of a
groundwater sustainability agency.

(g) “Groundwater” means water beneath the surface of the
earth within the zone below the water table in which the soil is
completely saturated with water, but does not include water that
flows in known and definite channels.

(h) “Groundwater extraction facility” means a device or method
for extracting groundwater from within a basin.

(i) “Groundwater recharge” means the augmentation of
groundwater, by natural or artificial means.

(j) “Groundwater sustainability agency” means one or more
local agencies that implement the provisions of this part. For
purposes of imposing fees pursuant to Chapter 8 (commencing
with Section 10730) or taking action to enforce a groundwater
sustainability plan, “groundwater sustainability agency” also
means each local agency comprising the groundwater
sustainability agency if the plan authorizes separate agency action.

(k) “Groundwater sustainability plan” or “plan” means a plan
of a groundwater sustainability agency proposed or adopted
pursuant to this part.

(l) “Groundwater sustainability program” means a coordinated
and ongoing activity undertaken to benefit a basin, pursuant to a
groundwater sustainability plan.

(m) “Local agency” means a local public agency that has water
supply, water management, or land use responsibilities within a
groundwater basin.

(n) “Operator” means a person operating a groundwater
extraction facility. The owner of a groundwater extraction facility
shall be conclusively presumed to be the operator unless a
satisfactory showing is made to the governing body of the
groundwater sustainability agency that the groundwater extraction
facility actually is operated by some other person.

(o) “Owner” means a person owning a groundwater extraction
facility or an interest in a groundwater extraction facility other
than a lien to secure the payment of a debt or other obligation.

(p) “Planning and implementation horizon” means a 50-year
time period over which a groundwater sustainability agency
determines that plans and measures will be implemented in a basin
to ensure that the basin is operated within its sustainable yield.

(q) “Public water system” has the same meaning as defined in
Section 116275 of the Health and Safety Code.

(r) “Recharge area” means the area that supplies water to an
aquifer in a groundwater basin.

(s) “Sustainability goal” means the existence and
implementation of one or more groundwater sustainability plans
that achieve sustainable groundwater management by identifying
and causing the implementation of measures targeted to ensure
that the applicable basin is operated within its sustainable yield.

(t) “Sustainable groundwater management” means the
management and use of groundwater in a manner that can be
maintained during the planning and implementation horizon
without causing undesirable results.

(u) “Sustainable yield” means the maximum quantity of water,
calculated over a base period representative of long-term
conditions in the basin and including any temporary surplus, that
can be withdrawn annually from a groundwater supply without
causing an undesirable result.

(v) “Undesirable result” means one or more of the following
effects occurring after January 1, 2015, and caused by
groundwater conditions occurring throughout the basin:

(1) Chronic lowering of groundwater levels indicating a
significant and unreasonable depletion of supply if continued over
the planning and implementation horizon, excluding lowering
groundwater levels caused by a drought.

(2) Significant and unreasonable reduction of groundwater
storage.

(3) Significant seawater intrusion.

(4) Significant and unreasonable degraded water quality,
including the migration of contaminant plumes that impair water
supplies.

(5) Significant land subsidence that substantially interferes with
surface land uses.

(6) Surface water depletions that have significant adverse
impacts on beneficial uses.

(w) “Water budget” means an accounting of the total
groundwater and surface water entering and leaving a basin
including the changes in the amount of water stored.

(x) “Watermaster” means a watermaster appointed by a court
or pursuant to other law.

(y) “Water year” means the period from October 1 through the
following September 30, inclusive.

(z) “Wellhead protection area” means the surface and
subsurface area surrounding a water well or well field that supplies
a public water system through which contaminants are reasonably
likely to migrate toward the water well or well field.

 

Chapter   begin insert 3. end insert Basin Boundaries

 

begin insert 10722. end insert   

Unless other basin boundaries are established pursuant
to this chapter, a basin’s boundaries shall be as identified in
Bulletin 118.

begin insert 10722.2. end insert   

(a) A local agency may request that the department
revise the boundaries of a basin, including the establishment of
new subbasins. A local agency’s request shall be supported by the
following information:

(1) Information demonstrating that the proposed adjusted basin
can be the subject of sustainable groundwater management.

(2) Technical information regarding the boundaries of, and
conditions in, the proposed adjusted basin.

(3) Information demonstrating that the entity proposing the
basin boundary adjustment consulted with interested local agencies
and public water systems in the affected basins before filing the
proposal with the department.

(4) Other information the department deems necessary to justify
revision of the basin’s boundary.

(b) By January 1, 2016, the department shall develop and
publish guidelines regarding the information required to comply
with subdivision (a). The guidelines required pursuant to this
subdivision are exempt from Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(c) The department shall provide a copy of its draft revision of
a basin’s boundaries to the California Water Commission. The
California Water Commission shall hear and comment on the draft
revision within 60 days after the department provides the draft
revision to the commission.

begin insert 10722.4. end insert   

(a) Pursuant to Section 10933, for the purposes of
this part the department shall categorize each basin as one of the
following priorities:

(1) High priority.

(2) Medium priority.

(3) Low priority.

(4) Very low priority.

(b) The initial priority for each basin shall be established by
the department pursuant to Section 10933 no later than January
1, 2017.

 

Chapter   begin insert 4. end insert Establishing Groundwater Sustainability
Agencies

 

begin insert 10723. end insert   

(a) Any local agency or combination of local agencies
may elect to be a groundwater sustainability agency.

(b) Before electing to be a groundwater sustainability agency,
and after publication of notice pursuant to Section 6066 of the
Government Code, the local agency or agencies shall hold a public
hearing in the county or counties overlying the basin.

begin insert 10723.2. end insert   

The groundwater sustainability agency shall consider
the interests of all beneficial uses and users of groundwater, as
well as those responsible for implementing groundwater
sustainability plans. These interests include, but are not limited
to, all of the following:

(a) Holders of overlying groundwater rights, including:

(1) Agricultural users.

(2) Domestic well owners.

(b) Municipal well operators.

(c) Public water systems.

(d) Local land use planning agencies.

(e) Environmental users of groundwater.

(f) Surface water users, if there is a hydrologic connection
between surface and groundwater bodies.

(g) The federal government, including, but not limited to, the
military and managers of federal lands.

(h) Indian tribes.

begin insert 10723.4. end insert   

The groundwater sustainability agency shall establish
and maintain a list of persons interested in receiving notices
regarding plan preparation, meeting announcements, and
availability of draft plans, maps, and other relevant documents.
Any person may request, in writing, to be placed on the list of
interested persons.

begin insert 10723.6. end insert   

A combination of local agencies may form a
groundwater sustainability agency by using any of the following
methods:

(a) A joint powers agreement.

(b) A memorandum of agreement or other legal agreement.

begin insert 10723.8. end insert   

Within 30 days of electing to be or forming a
groundwater sustainability agency, the groundwater sustainability
agency shall inform the department of its election or formation
and its intent to undertake sustainable groundwater management.
The notification shall include the following information, as
applicable:

(a) The service area boundaries, the basin the agency is
managing, and the other groundwater sustainability agencies
operating within the basin.

(b) A copy of the resolution forming the new agency.

(c) A copy of the bylaws, ordinances, and new authorities.

begin insert 10724. end insert   

(a) In the event that there is an area within a basin
that is not within the management area of a groundwater
sustainability agency, the county within which that unmanaged
area lies will be presumed to be the groundwater sustainability
agency for that area.

(b) A county described in subdivision (a) shall provide
notification to the department pursuant to Section 10723.8 unless
the county notifies the department that it will not be the
groundwater sustainability agency for the area. Extractions of
groundwater made after 2016 in that area shall be subject to
reporting in accordance with Part 5.2 (commencing with Section
5200) of Division 2 if the county does either of the following:

(1) Notifies the department that it will not be the groundwater
sustainability agency for an area.

(2) Fails to provide notification to the department pursuant to
Section 10723.8 for an area on or before January 1, 2017.

 

Chapter   begin insert 5. end insert Powers and Authorities

 

begin insert 10725. end insert   

(a) A groundwater sustainability agency may exercise
any of the powers described in this chapter in implementing this
part, in addition to, and not as a limitation on, any existing
authority, if the groundwater sustainability agency adopts and
submits to the department a groundwater sustainability plan or
prescribed alternative documentation in accordance with Section
10733.6.

(b) A groundwater sustainability agency has and may use the
powers in this chapter to provide the maximum degree of local
control and flexibility consistent with the sustainability goals of
this part.

begin insert 10725.2. end insert   

(a) A groundwater sustainability agency may perform
any act necessary or proper to carry out the purposes of this part.

(b) A groundwater sustainability agency may adopt rules,
regulations, ordinances, and resolutions for the purpose of this
part, in compliance with any procedural requirements applicable
to the adoption of a rule, regulation, ordinance, or resolution by
the groundwater sustainability agency.

(c) In addition to any other applicable procedural requirements,
the groundwater sustainability agency shall provide notice of the
proposed adoption of the groundwater sustainability plan on its
Internet Web site and provide for electronic notice to any person
who requests electronic notification.

begin insert 10725.4. end insert   

(a) A groundwater sustainability agency may conduct
an investigation for the purposes of this part, including, but not
limited to, investigations for the following:

(1) To determine the need for groundwater management.

(2) To prepare and adopt a groundwater sustainability plan
and implementing rules and regulations.

(3) To propose and update fees.

(4) To monitor compliance and enforcement.

(b) An investigation may include surface waters and surface
water rights as well as groundwater and groundwater rights.

(c) In connection with an investigation, a groundwater
sustainability agency may inspect the property or facilities of a
person or entity to ascertain whether the purposes of this part are
being met and compliance with this part. The local agency may
conduct an inspection pursuant to this section upon obtaining any
necessary consent or obtaining an inspection warrant pursuant
to the procedure set forth in Title 13 (commencing with Section
1822.50) of Part 3 of the Code of Civil Procedure.

begin insert 10725.6. end insert   

A groundwater sustainability agency may require
registration of a groundwater extraction facility within the
management area of the groundwater sustainability agency.

begin insert 10725.8. end insert   

(a) A groundwater sustainability agency may require
through its groundwater sustainability plan that the use of every
groundwater extraction facility within the management area of
the groundwater sustainability agency be measured by a
water-measuring device satisfactory to the groundwater
sustainability agency.

(b) All costs associated with the purchase and installation of
the water-measuring device shall be borne by the owner or
operator of each groundwater extraction facility. The water
measuring devices shall be installed by the groundwater
sustainability agency or, at the groundwater sustainability agency’s
option, by the owner or operator of the groundwater extraction
facility. Water-measuring devices shall be calibrated on a
reasonable schedule as may be determined by the groundwater
sustainability agency.

(c) A groundwater sustainability agency may require, through
its groundwater sustainability plan, that the owner or operator of
a groundwater extraction facility within the groundwater
sustainability agency file an annual statement with the groundwater
sustainability agency setting forth the total extraction in acre-feet
of groundwater from the facility during the previous water year.

(d) In addition to the measurement of groundwater extractions
pursuant to subdivision (a), a groundwater sustainability agency
may use any other reasonable method to determine groundwater
extraction.

(e) This section does not apply to de minimus extractors.

begin insert 10726. end insert   

An entity within the area of a groundwater sustainability
plan shall only divert surface water to underground storage
consistent with the plan and shall report the diversion to
underground storage to the groundwater sustainability agency for
the relevant portion of the basin.

begin insert 10726.2. end insert   

A groundwater sustainability agency may do the
following:

(a) Acquire by grant, purchase, lease, gift, devise, contract,
construction, or otherwise, and hold, use, enjoy, sell, let, and
dispose of, real and personal property of every kind, including
lands, water rights, structures, buildings, rights-of-way, easements,
and privileges, and construct, maintain, alter, and operate any
and all works or improvements, within or outside the agency,
necessary or proper to carry out any of the purposes of this part.

(b) Appropriate and acquire surface water or groundwater and
surface water or groundwater rights, import surface water or
groundwater into the agency, and conserve and store within or
outside the agency that water for any purpose necessary or proper
to carry out the provisions of this part, including, but not limited
to, the spreading, storing, retaining, or percolating into the soil
of the waters for subsequent use or in a manner consistent with
the provisions of Section 10727.2. As part of this authority, the
agency may validate an existing groundwater conjunctive use or
storage program upon a finding that the program would aid or
assist the agency in developing or implementing a groundwater
sustainability plan.

(c) Provide for a program of voluntary fallowing of agricultural
lands or validate an existing program.

(d) Perform any acts necessary or proper to enable the agency
to purchase, transfer, deliver, or exchange water or water rights
of any type with any person that may be necessary or proper to
carry out any of the purposes of this part, including, but not limited
to, providing surface water in exchange for a groundwater
extractor’s agreement to reduce or cease groundwater extractions.
The agency shall not deliver retail water supplies within the service
area of a public water system without either the consent of that
system or authority under the agency’s existing authorities.

(e) Transport, reclaim, purify, desalinate, treat, or otherwise
manage and control polluted water, wastewater, or other waters
for subsequent use in a manner that is necessary or proper to carry
out the purposes of this part.

(f) Commence, maintain, intervene in, defend, compromise, and
assume the cost and expenses of any and all actions and
proceedings.

begin insert 10726.4. end insert   

(a) A groundwater sustainability agency shall have
the following additional authority and may regulate groundwater
pumping using that authority:

(1) To impose spacing requirements on new groundwater well
construction to minimize well interference and impose reasonable
operating regulations on existing groundwater wells to minimize
well interference, including requiring pumpers to operate on a
rotation basis.

(2) To control groundwater extractions by regulating, limiting,
or suspending extractions from individual groundwater wells or
extractions from groundwater wells in the aggregate, the
construction of new groundwater wells, the enlarging of existing
groundwater wells, the reactivation of abandoned groundwater
wells, or otherwise establishing groundwater extraction
allocations. A limitation on extractions by a groundwater
sustainability agency shall not be construed to be a final
determination of rights to extract groundwater from the basin or
any portion of the basin.

(3) To authorize temporary and permanent transfers of
groundwater extraction allocations within the agency’s boundaries,
if the total quantity of groundwater extracted in any water year is
consistent with the provisions of the groundwater sustainability
plan.

(4) To establish accounting rules to allow unused groundwater
extraction allocations issued by the agency to be carried over from
one year to another and voluntarily transferred, if the total quantity
of groundwater extracted in any five-year period is consistent with
the provisions of the groundwater sustainability plan.

(b) Nothing in this section shall be construed to grant a
groundwater sustainability agency the authority to issue permits
for the construction, modification, or abandonment of groundwater
wells. A county may authorize a groundwater sustainability agency
to issue permits for the construction, modification, or abandonment
of groundwater wells.

begin insert 10726.6. end insert   

(a) A groundwater sustainability agency that adopts
a groundwater sustainability plan may file an action to determine
the validity of the plan pursuant to Chapter 9 (commencing with
Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

(b) Subject to Sections 394 and 397 of the Code of Civil
Procedure, the venue for an action pursuant to this section shall
be the county in which the principal office of the groundwater
management agency is located.

(c) Any judicial action or proceeding to attack, review, set aside,
void, or annul the ordinance or resolution imposing a new, or
increasing an existing, fee imposed pursuant to Section 10730,
10730.2, or 10730.4 shall be brought pursuant to Section 66022
of the Government Code.

(d) Any person may pay a fee imposed pursuant to Section
10730, 10730.2, or 10730.4 under protest and bring an action
against the governing body in the superior court to recover any
money that the governing body refuses to refund. Payments made
and actions brought under this section shall be made and brought
in the manner provided for the payment of taxes under protest and
actions for refund of that payment in Article 2 (commencing with
Section 5140) of Chapter 5 of Part 9 of Division 1 of the Revenue
and Taxation Code, as applicable.

(e) Except as otherwise provided in this section, actions by a
groundwater sustainability agency are subject to judicial review
pursuant to Section 1085 of the Code of Civil Procedure.

begin insert 10726.8. end insert   

(a) This part is in addition to, and not a limitation
on, the authority granted to a local agency under any other law.
The local agency may use the local agency’s authority under any
other law to apply and enforce any requirements of this part,
including, but not limited to, the collection of fees.

(b) Nothing in this part is a limitation on the authority of the
board, the department, or the State Department of Public Health.

(c) This part does not authorize a local agency to impose any
requirement or impose any penalty or fee on the state or any
agency, department, or officer of the state. State agencies and
departments shall work cooperatively with a local agency on a
voluntary basis.

 

Chapter   begin insert 6. end insert Groundwater Sustainability Plans

 

begin insert 10727. end insert   

(a) A groundwater sustainability plan shall be
developed and implemented for each medium- or high-priority
basin by a groundwater sustainability agency to meet the
sustainability goal established pursuant to this part. The
groundwater sustainability plan may incorporate, extend, or be
based on a plan adopted pursuant to Part 2.75 (commencing with
Section 10750).

(b) A groundwater sustainability plan may be any of the
following:

(1) A single plan covering the entire basin developed and
implemented by one groundwater sustainability agency.

(2) A single plan covering the entire basin developed and
implemented by multiple groundwater sustainability agencies.

(3) Subject to Section 10727.6, multiple plans implemented by
multiple groundwater sustainability agencies and coordinated
pursuant to a single coordination agreement that covers the entire
basin.

begin insert 10727.2. end insert   

A groundwater sustainability plan shall include all
of the following:

(a) A description of the physical setting and characteristics of
the aquifer system underlying the basin that includes the following:

(1) Historical data, to the extent available.

(2) Groundwater levels, groundwater quality, subsidence, and
groundwater-surface water interaction.

(3) A general discussion of historical and projected water
demands and supplies.

(4) A map that details the area of the basin and the boundaries
of the groundwater sustainability agencies that overlie the basin
that have or are developing groundwater sustainability plans.

(5) A map identifying existing and potential recharge areas for
the basin. The map or maps shall identify the existing recharge
areas that substantially contribute to the replenishment of the
groundwater basin. The map or maps shall be provided to the
appropriate local planning agencies after adoption of the
groundwater sustainability plan.

(b) (1) Measurable objectives, as well as interim milestones in
increments of five years, to achieve the sustainability goal in the
basin within 20 years of the implementation of the plan.

(2) A description of how the plan helps meet each objective and
how each objective is intended to achieve the sustainability goal
for the basin for long-term beneficial uses of groundwater.

(3) Notwithstanding paragraph (1), at the request of the
groundwater sustainability agency, the department may grant an
extension of up to 10 years beyond the 20-year sustainability
timeframe upon a showing of good cause.

(c) A planning and implementation horizon of 50 years.

(d) Components relating to the following, as applicable to the
basin:

(1) The monitoring and management of groundwater levels
within the basin.

(2) The monitoring and management of groundwater quality,
groundwater quality degradation, inelastic land surface
subsidence, and changes in surface flow and surface water quality
that directly affect groundwater levels or quality or are caused by
groundwater pumping in the basin.

(3) Mitigation of overdraft.

(4) How recharge areas identified in the plan substantially
contribute to the replenishment of the basin.

(e) A summary of the type of monitoring sites, type of
measurements, and the frequency of monitoring for each location
monitoring groundwater levels, groundwater quality, subsidence,
streamflow, precipitation, evaporation, and tidal influence. The
plan shall include a summary of monitoring information such as
well depth, screened intervals, and aquifer zones monitored, and
a summary of the type of well relied on for the information,
including public, irrigation, domestic, industrial, and monitoring
wells.

(f) Monitoring protocols that are designed to detect changes in
groundwater levels, groundwater quality, inelastic surface
subsidence for basins for which subsidence has been identified as
a potential problem, and flow and quality of surface water that
directly affect groundwater levels or quality or are caused by
groundwater pumping in the basin. The monitoring protocols shall
be designed to generate information that promotes efficient and
effective groundwater management.

begin insert 10727.4. end insert   

In addition to the requirements of Section 10727.2,
a groundwater sustainability plan shall include, where appropriate
and in collaboration with the appropriate local agencies, all of
the following:

(a) Control of saline water intrusion.

(b) Wellhead protection areas and recharge areas.

(c) Migration of contaminated groundwater.

(d) A well abandonment and well destruction program.

(e) Replenishment of groundwater extractions.

(f) Activities implementing, opportunities for, and impediments
to, conjunctive use.

(g) Well construction policies.

(h) Measures addressing groundwater contamination cleanup,
recharge, diversions to storage, conservation, water recycling,
conveyance, and extraction projects.

(i) Efficient water management practices, as defined in Section
10902, for the delivery of water and water conservation methods
to improve the efficiency of water use.

(j) Efforts to develop relationships with state and federal
regulatory agencies.

(k) Processes to review land use plans and efforts to coordinate
with land use planning agencies to assess activities that potentially
create risks to groundwater quality or quantity.

begin insert 10727.6. end insert   

Groundwater sustainability agencies intending to
develop and implement multiple groundwater sustainability plans
pursuant to paragraph (3) of subdivision (b) of Section 10727 shall
coordinate with other agencies preparing a groundwater
sustainability plan within the basin to ensure that the plans utilize
the same data for the following assumptions in developing the
plan:

(a) Groundwater elevation data.

(b) Groundwater extraction data.

(c) Surface water supply.

(d) Total water use.

(e) Change in groundwater storage.

(f) Water budget.

(g) Sustainable yield.

begin insert 10727.8. end insert   

Prior to initiating the development of a groundwater
sustainability plan, the groundwater sustainability agency shall
make available to the public and the department a written statement
describing the manner in which interested parties may participate
in the development and implementation of the groundwater
sustainability plan. The groundwater sustainability agency may
appoint and consult with an advisory committee consisting of
interested parties for the purposes of developing and implementing
a groundwater sustainability plan. The groundwater sustainability
agency shall encourage the active involvement of diverse social,
cultural, and economic elements of the population within the
groundwater basin prior to and during the development and
implementation of the groundwater sustainability plan.

begin insert 10728. end insert   

(a) Except as provided in subdivision (b), a
groundwater sustainability agency shall certify that its plan
complies with this part no later than January 31, 2020, and every
five years thereafter. A groundwater sustainability agency shall
submit this certification to the department within 30 days of the
certification.

(b) (1) The department may review the submissions made
pursuant to this section and Section 10733.6 and may request the
supporting information on which the certification pursuant to
subdivision (a) relied upon or the other documentation relied upon
pursuant to subdivision (b) of Section 10733.6. The department
may issue findings concerning the validity of the certification or
other submission.

(2) Before issuing findings pursuant to paragraph (1), the
department shall transmit a draft of its findings to the submitting
agency and shall consult with that agency. The submitting agency
may submit a response to the department within 60 days of
receiving the department’s draft findings.

(3) If the department’s findings issued pursuant to paragraph
(1) concern the compliance of a plan with requirements for
sustainable groundwater management or the operation of a basin
consistent with the basin’s sustainable yield, the submitting agency,
within 90 days of receipt, shall consider amendments to its plan
or technical analysis to address the department’s findings.

begin insert 10728.2. end insert   

A groundwater sustainability agency shall periodically
evaluate its groundwater sustainability plan, assess changing
conditions in the basin that may warrant modification of the plan
or management objectives, and may adjust components in the plan.
An evaluation of the plan shall focus on determining whether the
actions under the plan are meeting the plan’s management
objectives and whether those objectives are meeting the
sustainability goal in the basin.

begin insert 10728.4. end insert   

A groundwater sustainability agency may adopt or
amend a groundwater sustainability plan if the groundwater
sustainability agency holds a public hearing and more than 90
days have passed since the groundwater sustainability agency
provided notice to a city or county within the area of the proposed
plan or amendment. The groundwater sustainability agency shall
obtain comments from any city or county that receives notice
pursuant to this section and shall consult with a city or county that
requests consultation within 30 days of receipt of the notice.
Nothing in this section is intended to preclude an agency and a
city or county from otherwise consulting or commenting regarding
the adoption or amendment of a plan.

 

Chapter   begin insert 7. end insert Technical Assistance

 

begin insert 10729. end insert   

(a) The department or a groundwater sustainability
agency may provide technical assistance to entities that extract
or use groundwater to promote water conservation and protect
groundwater resources.

(b) The department may provide technical assistance to any
groundwater sustainability agency in response to that agency’s
request for assistance in the development and implementation of
a groundwater sustainability plan. The department shall use its
best efforts to provide the requested assistance.

(c) (1) By January 1, 2017, the department shall publish on its
Internet Web site best management practices for the sustainable
management of groundwater.

(2) The department shall develop the best management practices
through a public process involving one public meeting conducted
at a location in northern California, one public meeting conducted
at a location in the San Joaquin Valley, one public meeting
conducted at a location in southern California, and one public
meeting of the California Water Commission.

 

Chapter   begin insert 8. end insert Financial Authority

 

begin insert 10730. end insert   

(a) A groundwater sustainability agency may impose
fees, including, but not limited to, permit fees and fees on
groundwater extraction or other regulated activity, to fund the
costs of a groundwater sustainability program, including, but not
limited to, preparation, adoption, and amendment of a groundwater
sustainability plan, and program administration, investigations,
inspections, compliance assistance, and enforcement. A
groundwater sustainability agency shall not impose a fee pursuant
to this subdivision on a de minimus extractor unless the agency
has regulated the users pursuant to this part.

(b) (1) Prior to imposing or increasing a fee, a groundwater
sustainability agency shall hold at least one open and public
meeting, at which oral or written presentations may be made as
part of the meeting.

(2) Notice of the time and place of the meeting shall include a
general explanation of the matter to be considered and a statement
that the data required by this section is available. The notice shall
be mailed at least 14 days prior to the meeting to each record
owner of property within the basin and to any interested party who
files a written request with the agency for mailed notice of the
meeting on new or increased fees. A written request for mailed
notices shall be valid for one year from the date that the request
is made and may be renewed by making a written request on or
before April 1 of each year.

(3) At least 10 days prior to the meeting, the groundwater
sustainability agency shall make available to the public data upon
which the proposed fee is based.

(c) Any action by a groundwater sustainability agency to impose
or increase a fee shall be taken only by ordinance or resolution.

(d) (1) As an alternative method for the collection of fees
imposed pursuant to this section, a groundwater management
agency may adopt a resolution requesting collection of the fees in
the same manner as ordinary municipal ad valorem taxes.

(2) A resolution described in paragraph (1) shall be adopted
and furnished to the county auditor-controller and board of
supervisors on or before August 1 of each year that the alternative
collection of the fees is being requested. The resolution shall
include a list of parcels and the amount to be collect for each
parcel.

(e) The power granted by this section is in addition to any
powers a groundwater sustainability agency has under any other
law.

begin insert 10730.2. end insert   

(a) A groundwater sustainability agency that adopts
a groundwater sustainability plan pursuant to this part may impose
fees on the extraction of groundwater from the basin to fund costs
of groundwater management, including, but not limited to, the
costs of the following:

(1) Administration, operation, maintenance, and acquisition of
lands or other property, facilities, and services.

(2) Supply, production, treatment, or distribution of water.

(3) Other activities necessary or convenient to implement the
plan.

(b) Fees may be implemented pursuant to Part 2.75
(commencing with Section 10750) in accordance with the
procedures provided in this section.

(c) Fees imposed pursuant to this section shall be adopted in
accordance with subdivisions (a) and (b) of Section 6 of Article
XIII D of the California Constitution.

(d) Fees imposed pursuant to this section may include fixed fees
and fees charged on a volumetric basis, including, but not limited
to, fees that increase based on the quantity of groundwater
produced annually, the year in which the production of
groundwater commenced from a groundwater extraction facility,
and impacts to the basin.

(e) The power granted by this section is in addition to any
powers a groundwater sustainability agency has under any other
law.

begin insert 10730.4. end insert   

A groundwater sustainability agency may fund
activities pursuant to Part 2.75 (commencing with Section 10750)
and may impose fees pursuant to Section 10732.5 to fund activities
undertaken by the agency pursuant to Part 2.75 (commencing with
Section 10750).

begin insert 10730.6. end insert   

(a) A groundwater fee levied pursuant to this chapter
shall be due and payable to the groundwater sustainability agency
by each owner or operator on a day established by the groundwater
sustainability agency.

(b) If an owner or operator knowingly fails to pay a groundwater
fee within 30 days of it becoming due, the owner or operator shall
be liable to the groundwater sustainability agency for interest at
the rate of 1 percent per month on the delinquent amount of the
groundwater fee and a 10 percent penalty.

(c) The groundwater sustainability agency may bring a suit in
the court having jurisdiction against any owner or operator of a
groundwater extraction facility within the area covered by the
plan for the collection of any delinquent groundwater fees, interest,
or penalties imposed under this chapter. If the groundwater
sustainability agency seeks an attachment against the property of
any named defendant in the suit, the groundwater sustainability
agency shall not be required to furnish a bond or other undertaking
as provided in Title 6.5 (commencing with Section 481.010) of
Part 2 of the Code of Civil Procedure.

(d) In the alternative to bringing a suit pursuant to subdivision
(c), a groundwater sustainability agency may collect any delinquent
groundwater charge and any civil penalties and interest on the
delinquent groundwater charge pursuant to the laws applicable
to the local agency or, if a joint powers authority, to the entity
designated pursuant to Section 6509 of the Government Code. The
collection shall be in the same manner as it would be applicable
to the collection of delinquent assessments, water charges, or tolls.

(e) As an additional remedy, a groundwater sustainability
agency, after a public hearing, may order an owner or operator
to cease extraction of groundwater until all delinquent fees are
paid. The groundwater sustainability agency shall give notice to
the owner or operator by certified mail not less than 15 days in
advance of the public hearing.

(f) The remedies specified in this section for collecting and
enforcing fees are cumulative and may be pursued alternatively
or may be used consecutively as determined by the governing body.

begin insert 10730.8. end insert   

(a) Nothing in this chapter shall affect or interfere
with the authority of a groundwater sustainability agency to levy
and collect taxes, assessments, charges, and tolls as otherwise
provided by law.

(b) For the purposes of Section 6254.16 of the Government
Code, persons subject to payment of fees pursuant to this chapter
are utility customers of a groundwater sustainability agency.

begin insert 10731. end insert   

(a) If there is reasonable cause to believe that the
production of groundwater from any groundwater extraction
facility is in excess of that disclosed by the statements covering
the facility or if no statement is filed covering the facility, the
governing body may cause an investigation and report to be made
concerning the production of groundwater from that groundwater
extraction facility that includes, but is not limited to, the accuracy
of the water-measuring device. The governing body may make a
determination fixing the amount of groundwater production from
the groundwater extraction facility at an amount not to exceed the
maximum production capacity of the facility for purposes of levying
a groundwater charge. If a water-measuring device is permanently
attached to the groundwater extraction facility, the record of
production as disclosed by the water-measuring device shall be
presumed to be accurate unless the contrary is established by the
groundwater management agency after investigation.

(b) After the governing body makes a determination fixing the
amount of groundwater production pursuant to subdivision (a), a
written notice of the determination shall be mailed to the owner
or operator of the groundwater extraction facility at the address
as shown by the groundwater management agency’s records. A
determination made by the governing body shall be conclusive on
the owner or operator and the groundwater charges, based on the
determination together with any interest and penalties, shall be
payable immediately unless within 10 days after the mailing of the
notice the owner or operator files with the governing body a written
protest setting forth the ground for protesting the amount of
production or the groundwater charges, interest, and penalties. If
a protest is filed pursuant to this subdivision, the governing body
shall hold a hearing to determine the total amount of the
groundwater production and the groundwater charges, interest,
and penalties. The determination by the governing body at the
hearing shall be conclusive if based upon substantial evidence.
Notice of the hearing shall be mailed to each protestant at least
10 days before the date fixed for the hearing. Notice of the
determination of the governing body hearing shall be mailed to
each protestant. The owner or operator shall have 20 days from
the date of mailing of the determination to pay the groundwater
charges, interest, and penalties determined by the governing body.

 

Chapter   begin insert 9. end insert Groundwater Sustainability Agency
Enforcement Powers

 

begin insert 10732. end insert   

(a) (1) A person who extracts groundwater in excess
of the amount that person is authorized to extract under a rule,
regulation, ordinance, or resolution adopted pursuant to Section
10725.2, shall be subject to a civil penalty not to exceed five
hundred dollars ($500) per acre-foot extracted in excess of the
amount that person is authorized to extract. Liability under this
subdivision is in addition to any liability imposed under paragraph
(2) and any fee imposed for the extraction.

(2) A person who violates any rule, regulation, ordinance, or
resolution adopted pursuant to Section 10724.2 shall be liable for
a civil penalty not to exceed one thousand dollars ($1,000) plus
one hundred dollars ($100) for each additional day on which the
violation continues if the person fails to comply within 30 days
after the local agency has notified the person of the violation.

(b) (1) A groundwater sustainability agency may bring an action
in the superior court to determine whether a violation occurred
and to impose a civil penalty described in subdivision (a).

(2) A groundwater sustainability agency may administratively
impose a civil penalty described in subdivision (a) after providing
notice and an opportunity for a hearing.

(3) In determining the amount of the penalty, the superior court
or the groundwater sustainability agency shall take into
consideration all relevant circumstances, including, but not limited
to, the nature and persistence of the violation, the extent of the
harm caused by the violation, the length of time over which the
violation occurs, and any corrective action taken by the violator.

(c) A penalty imposed pursuant to this section shall be paid to
the groundwater sustainability agency and shall be expended solely
for purposes of this part.

(d) Penalties imposed pursuant to this section are in addition
to any civil penalty or criminal fine under any other law.

 

Chapter   begin insert 10. end insert State Evaluation and Assessment

 

begin insert 10733. end insert   

(a) The department shall periodically review the
groundwater sustainability plans developed by groundwater
sustainability agencies pursuant to this part to evaluate whether
a plan conforms with Sections 10727.2 and 10727.4 and is likely
to achieve the sustainability goal for the basin covered by the
groundwater sustainability plan.

(b) If a groundwater sustainability agency develops multiple
groundwater sustainability plans for a basin, the department shall
evaluate whether the plans conform with Sections 10727.2,
10727.4, and 10727.6 and are together likely to achieve the
sustainability goal for the basin covered by the groundwater
sustainability plans.

begin insert 10733.2. end insert   

(a) By June 1, 2016, the department, in consultation
with the board, shall develop guidelines for evaluating
groundwater sustainability plans and groundwater sustainability
programs pursuant to this chapter.

(b) The guidelines shall identify the necessary plan components
specified in Sections 10727.2 and 10727.4 and other information
that will assist local agencies in developing and implementing
groundwater sustainability plans and groundwater sustainability
programs.

(c) The department may update the guidelines, including to
incorporate the best management practices identified pursuant to
Section 10729.

(d) The guidelines required pursuant to this section are exempt
from Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code. The establishment
of guidelines pursuant to this section shall instead be accomplished
by means of a public process reasonably calculated to give
interested persons an opportunity to be heard.

begin insert 10733.4. end insert   

(a) Upon completion of a groundwater sustainability
plan, a groundwater sustainability agency shall submit the
groundwater sustainability plan to the department for review
pursuant to this chapter.

(b) If groundwater sustainability agencies develop multiple
groundwater sustainability plans for a basin, the submission
required by subdivision (a) shall not occur until the entire basin
is covered by groundwater sustainability plans. When the entire
basin is covered by groundwater sustainability plans, the
groundwater sustainability agencies shall jointly submit to the
department all of the following:

(1) The groundwater sustainability plans.

(2) An explanation of how the groundwater sustainability plans
implemented together satisfy Section 10729 for the entire basin.

(3) A copy of the coordination agreement between the
groundwater sustainability agencies to ensure the coordinated
implementation of the groundwater sustainability plans for the
entire basin.

(c) Upon receipt of a groundwater sustainability plan, the
department shall post the plan on the department’s Internet Web
site and provide 60 days for persons to submit comments to the
department about the plan.

(d) The department shall evaluate the groundwater sustainability
plan within two years of its submission by a groundwater
sustainability agency and issue an assessment of the plan. The
assessment may include recommended corrective actions to address
any deficiencies identified by the department.

begin insert 10733.6. end insert   

(a) If there is not a groundwater sustainability plan
for a basin, but a local agency believes that an alternative plan,
such as a plan developed pursuant to Part 2.75 (commencing with
Section 10750), satisfies the objectives of this part, the local agency
may submit the alternative plan to the department for evaluation
and assessment of whether the plan is the functional equivalent of
a groundwater sustainability plan pursuant to this part. In
evaluating an alternative plan, the department shall, to the extent
feasible, use the guidelines developed pursuant to Section 10733.2.

(b) A basin shall be in compliance with this part if a
groundwater agency for a basin or other local agency submits to
the department, no later than January 31, 2020, and every five
years thereafter, any of the following documents:

(1) A copy of a governing final judgment or other judicial order
or decree establishing a groundwater sustainability program for
the basin.

(2) A report approved by a groundwater agency that shows that
current management or operations activities have been consistent
with the sustainable yield of the basin over a period of at least 10
years. The report shall be prepared by a registered professional
engineer or geologist who is licensed by the state and submitted
under that engineer’s or geologist’s seal. The report may
demonstrate compliance with the sustainability goal in the basin
by presenting a balanced water budget for the basin, a technical
analysis demonstrating stable groundwater levels over the relevant
period, or other sufficient technical analyses.

begin insert 10733.8. end insert   

At least every five years after submission, the
department, in consultation with the board, shall review any
available groundwater sustainability plan, alternative plan
submitted in accordance with Section 10729.6, and the
implementation of the corresponding groundwater sustainability
program for consistency with this part, including achieving the
sustainability goal. The department shall issue an assessment for
each basin for which a plan has been submitted in accordance
with this chapter. The assessment may include recommended
corrective actions to address any deficiencies identified by the
department.

begin insert 10734. end insert   

(a) Consistent with Section 3 of Article XIII A of the
California Constitution, the department shall adopt a schedule of
fees to recover costs incurred in carrying out this chapter.

(b) It is the intent of the Legislature to amend this measure to
adopt additional authority for the department to implement the
fee authority provided by this section.

 

Chapter   begin insert 11. end insert State Intervention

 

begin insert 10735. end insert   

As used in this chapter, the following terms have the
following meanings:

(a) “Condition of long-term overdraft” means the condition of
a groundwater basin where the average annual amount of water
extracted for a long-term period, generally 10 years or more,
exceeds the long-term average annual supply of water to the basin,
plus any temporary surplus. Overdraft during a period of drought
is not sufficient to establish a condition of long-term overdraft if
extractions and recharge are managed as necessary to ensure that
reductions in groundwater levels or storage during a period of
drought are offset by increases in groundwater levels or storage
during other periods.

(b) “Person” means any person, firm, association, organization,
partnership, business, trust, corporation, limited liability company,
or public agency, including any city, county, city and county,
district, joint powers authority, state, or any agency or department
of those entities. “Person” includes, to the extent authorized by
federal law, the United States, a department, agency or
instrumentality of the federal government, an Indian tribe, an
authorized Indian tribal organization, or interstate body.

(c) “Probationary basin” means a basin for which the board
has issued a determination under this section.

(d) “Significant depletions of interconnected surface waters”
means reductions in flow or levels of a surface water that is
hydrologically connected to the basin such that the reduced surface
water flow or level adversely affects beneficial uses of the surface
water.

begin insert 10735.2. end insert   

(a) The board, after notice and a public hearing,
may designate a basin as a probationary basin, if the board finds
one or more of the following applies to the basin:

(1) After January 1, 2017, none of the following have occurred:

(A) No local agency has elected to be a groundwater
sustainability agency that intends to develop a groundwater
sustainability plan for the entire basin.

(B) No collection of local agencies has formed a groundwater
sustainability agency or prepared agreements to develop one or
more groundwater sustainability plans that will collectively serve
as a groundwater sustainability plan for the entire basin.

(C) There is no plan developed pursuant to Part 2.75
(commencing with Section 10750) that satisfies the objectives of
this part.

(D) There is no report approved by a groundwater agency that
shows that current management or operations activities have been
consistent with the sustainable yield of the basin over a period of
at least 10 years, as described in paragraph (2) of subdivision (b)
of Section 10733.6.

(2) After January 31, 2020, none of the following have occurred:

(A) No groundwater sustainability agency has adopted a
groundwater sustainability plan for the entire basin.

(B) No collection of local agencies have adopted groundwater
sustainability plans that collectively serve as a groundwater
sustainability plan for the entire basin.

(C) The department has not determined that a local agency has
a functional equivalent as described in Section 10733.6.

(D) There is no report approved by a groundwater agency that
shows that current management or operations activities have been
consistent with the sustainable yield of the basin over a period of
at least 10 years, as described in paragraph (2) of subdivision (b)
of Section 10733.6.

(3) After January 31, 2020, either of the following have
occurred:

(A) The department has determined that a groundwater
sustainability plan is inadequate or that the groundwater
sustainability program is not being implemented in a manner that
will likely achieve the sustainability goal.

(B) The basin is in a condition of long-term overdraft or in a
condition where groundwater extractions result in significant
depletions of interconnected surface waters.

(b) (1) In making the findings associated with subparagraph
(A) of paragraph (3) of subdivision (a), the board may rely on
periodic assessments the department has prepared pursuant to
Chapter 10 (commencing with Section 10733). The board may
request that the department conduct additional assessments
utilizing the guidelines developed pursuant to Chapter 10
(commencing with 10733) and make determinations pursuant to
this section. The board shall post on its Internet Web site and
provide at least 30 days for the public to comment on any
determinations provided by the department pursuant to this
subdivision.

(2) The board shall consult with the department in assessing
technical determinations pursuant to subparagraph (A) of
paragraph (3) of subdivision (a).

(c) The determination shall set an amount of groundwater
extractions, for purposes of establishing the amount for which
reports of groundwater extraction are required under Part 5.2
(commencing with Section 5200) of Division 2, and may include
exclusions for certain classes or categories of extractions that are
likely to have a minimal impact on basin withdrawals.

begin insert 10735.4. end insert   

(a) If the board designates a basin as a probationary
basin pursuant to paragraph (1) or (2) 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 time 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
pursuant to this section.

begin insert 10735.6. end insert   

(a) If the board designates a basin as a probationary
basin pursuant to paragraph (3) 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) 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 result in designating the basin a probationary basin.

begin insert 10735.8. end insert   

(a) The board, after notice and a public hearing,
may adopt an interim plan for a probationary basin.

(b) The interim plan shall include all of the following:

(1) Identification of the actions that are necessary to correct a
condition of long-term overdraft or a condition where groundwater
extractions result in significant depletions of interconnected surface
waters, including recommendations for appropriate action by any
person.

(2) A time schedule for the actions to be taken.

(3) A description of the monitoring to be undertaken to
determine effectiveness of the plan.

(c) The interim plan may include the following:

(1) Restrictions on groundwater pumping or extraction.

(2) A physical solution.

(3) Principles and guidelines for the administration of rights
to surface waters that are connected to the basin.

(d) To the extent feasible, consistent with Sections 100 and 275
and subdivision (e), the interim plan shall be consistent with water
right priorities.

(e) Where, in the judgment of the board, a groundwater
sustainability plan, groundwater sustainability program, or an
adjudication action can be relied on as part of the interim plan,
either throughout the basin or in an area within the basin, the
board may rely on, or incorporate elements of, that plan, program,
or adjudication into the interim plan adopted by the board or allow
local agencies to continue implementing those parts of a plan or
program that the board determines are adequate.

(f) In carrying out activities that may affect the probationary
basin, state entities shall comply with an interim plan adopted by
the board pursuant to this section unless otherwise directed or
authorized by statute and the state entity shall indicate to the board
in writing the authority for not complying with the interim plan.

(g) (1) After the board adopts an interim plan under this section,
the board shall determine if a groundwater sustainability plan or
an adjudication action is adequate to eliminate the condition of
long-term overdraft or condition where groundwater extractions
result in significant depletions of interconnected surface waters,
upon petition of either of the following:

(A) A groundwater sustainability agency that has adopted a
groundwater sustainability plan for the probationary basin or a
portion thereof.

(B) A person authorized to file the petition by a judicial order
or decree entered in an adjudication action in the probationary
basin.

(2) The board shall act on a petition filed pursuant to paragraph
(1) within 90 days after the petition is complete. If the board
determines that the groundwater sustainability plan or adjudication
action is adequate, the board shall rescind the interim plan adopted
by the board for the probationary basin, except as provided in
paragraphs (3) and (4).

(3) Upon request of the petitioner, the board may amend an
interim plan adopted under this section to eliminate portions of
the interim plan, while allowing other portions of the interim plan
to continue in effect.

(4) The board may decline to rescind an interim plan adopted
pursuant to this section if the board determines that the petitioner
has not provided adequate assurances that the groundwater
sustainability plan or judicial order or decree will be implemented.

(5) This subdivision is not a limitation on the authority of the
board to stay its proceedings under this section or to rescind or
amend an interim plan adopted pursuant to this section based on
the progress made by a groundwater sustainability agency or in
an adjudication action, even if the board cannot make a
determination of adequacy in accordance with paragraph (1).

begin insert 10736. end insert   

(a) The board shall adopt or amend a determination
or interim plan under Section 10735.2 or 10735.8 in accordance
with procedures for quasi-legislative action.

(b) The board shall provide notice of a hearing described in
subdivision (a) of Section 10735.2 or subdivision (a) of Section
10735.8 as follows:

(1) At least 90 days before the hearing, the board shall publish
notice of the hearing on its Internet Web site.

(2) At least 90 days before the hearing, the board shall notify
the department and each city, county, or city and county in which
any part of the basin is situated.

(3) (A) For the purposes of this paragraph, the terms
“board-designated local area” and “local agency” have the same
meaning as defined in Section 5009.

(B) At least 60 days before the hearing, the board shall mail or
send by electronic mail notice to all persons known to the board
who extract or who propose to extract water from the basin, or
who have made written or electronic mail requests to the board
for special notice of hearing pursuant to this part. If any portion
of the basin is within a board-designated local area, the records
made available to the board by the local agency in accordance
with paragraph (4) of subdivision (d) of Section 5009 shall include
the names and addresses of persons and entities known to the local
agency who extract water from the basin, and the board shall mail
or send by electronic mail notice to those persons.

(c) The board shall provide notice of proceedings to amend or
repeal a determination or plan under Section 10735.2 or 10735.8
as appropriate to the proceedings, taking into account the nature
of the proposed revision and the person likely to be affected.

(d) (1) Except as provided in paragraphs (2) and (3), Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 2 of
Title 2 of the Government Code does not apply to any action
authorized pursuant to Section 10735.2 or 10735.8.

(2) The board may adopt a regulation in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
2 of Title 2 of the Government Code setting procedures for
adopting a determination or plan.

(3) The board may adopt a regulation applying or interpreting
this part pursuant to Section 1530 if the board determines that the
emergency regulation is reasonably necessary for the allocation,
administration, or collection of fees authorized pursuant to Section
1529.5.

begin insert 10736.2. end insert   

Division 13 (commencing with Section 21000) of the
Public Resources Code does not apply to any action or failure to
act by the board under this chapter, other than the adoption or
amendment of an interim plan pursuant to Section 10735.8.

begin insert 10736.4. end insert   

The extraction or use of water extracted in violation
of an interim plan under this part shall not be relied upon as a
basis for establishing the extraction or use of water to support a
claim in an action or proceeding for determination of water rights.

begin insert 10736.6. end insert   

(a) The board may order a person that extracts or
uses water from a basin that is subject to an investigation or
proceeding under this chapter to prepare and submit to the board
any technical or monitoring program reports related to that
person’s or entity’s extraction or use of water as the board may
specify. The costs incurred by the person 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 subject to this subdivision to pay a reasonable share
of the cost of preparing reports.

(b) (1) An order issued pursuant to this section shall be served
by personal service or registered mail on the party 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.

(2) In-lieu of adopting an order directed at named persons in
accordance with the procedures specified in paragraph (1), the
board may adopt a regulation applicable to a category or class
of persons in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 2 of Title 2 of the Government
Code.

(c) Upon application of a person or upon its own motion, the
board may review and revise an order issued or regulation adopted
pursuant to this section in accordance with the procedures set
forth in subdivision (b).

(d) In conducting an investigation or proceeding pursuant to
this part, the board may inspect the property or facilities of a
person to ascertain whether the purposes of this part are being
met and to ascertain compliance with this part. The board may
obtain an inspection warrant pursuant to the procedures set forth
in Title 13 (commencing with Section 1822.50) of Part 3 of the
Code of Civil Procedure for the purposes of an inspection pursuant
to this subdivision.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 10750.1 is added to the end insert begin insert Water Code end insert begin insert , to read: end insert

begin insert

begin insert 10750.1. end insert   

(a) Beginning January 1, 2015, a new plan shall not
be adopted and an existing plan shall not be renewed pursuant to
this part, except as provided in subdivision (b). A plan adopted
before January 1, 2015, shall remain in effect until a groundwater
sustainability plan is adopted pursuant to Part 2.74 (commencing
with Section 10720).

(b) This section does not apply to a low- or very low priority
basin as categorized for the purposes of Part 2.74 (commencing
with Section 10720).

end insert

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 10927 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

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 principal 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.

begin insert

(3) A groundwater sustainability agency with statutory authority
to manage groundwater pursuant to Part 2.74 (commencing with
Section 10720).

end insert

(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 local agency that has been collecting and reporting
groundwater elevations and that does not have an adopted
groundwater management plan, if the local agency adopts a
groundwater management plan in accordance with Part 2.75
(commencing with Section 10750) by January 1, 2014. The
department may authorize the local agency to conduct the
monitoring and reporting of groundwater elevations pursuant to
this part on an interim basis, until the local agency adopts a
groundwater management plan in accordance with Part 2.75
(commencing with Section 10750) or until January 1, 2014,
whichever occurs first.

(f) 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).

(g) A voluntary cooperative groundwater monitoring association
formed pursuant to Section 10935.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 10933 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

10933.  

(a)  begin delete On or before January 1, 2012, the end delete begin insert The end insert department
shall commence to identify the extent of monitoring of groundwater
elevations that is being undertaken within each basin and subbasin.

(b)  begin insert (1) end insert begin insert   end insert 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:

begin delete

(1)

end delete

begin insert ( end insert begin insert A) end insert  The population overlying the basin or subbasin.

begin delete

(2)

end delete

begin insert ( end insert begin insert B) end insert  The rate of current and projected growth of the population
overlying the basin or subbasin.

begin delete

(3)

end delete

begin insert ( end insert begin insert C) end insert  The number of public supply wells that draw from the basin
or subbasin.

begin delete

(4)

end delete

begin insert ( end insert begin insert D) end insert  The total number of wells that draw from the basin or
subbasin.

begin delete

(5)

end delete

begin insert ( end insert begin insert E) end insert  The irrigated acreage overlying the basin or subbasin.

begin delete

(6)

end delete

begin insert ( end insert begin insert F) end insert  The degree to which persons overlying the basin or subbasin
rely on groundwater as their primary source of water.

begin delete

(7)

end delete

begin insert ( end insert begin insert G) end insert  Any documented impacts on the groundwater within the
basin or subbasin, including overdraft, subsidence, saline intrusion,
and other water quality degradation.

begin delete

(8)

end delete

begin insert ( end insert begin insert H) end insert  Any other information determined to be relevant by the
department.

begin insert

(2) The department, in consultation with the Department of Fish
and Wildlife, shall identify and develop prioritization criteria for
the purpose of identifying groundwater basins and subbasins that
should be prioritized based on adverse impacts to habitat and
surface water resources. The criteria shall be incorporated into
the determination of basin and subbasin prioritization at the
department’s next update of basin and subbasin prioritizations
that occurs after January 1, 2017.

end insert

(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 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.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 12924 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

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.

begin insert

(b) The department may revise the boundaries of groundwater
basins identified in subdivision (a) based on its own investigations
or information provided by others.

end insert begin delete

(b)

end delete

begin insert (c) end insert  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 or 0.

begin insert

begin insert SEC. 15. end insert   

end insert begin insert

The provisions of this act are severable. If any
provision of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.

end insert

begin insert

begin insert SEC. 16. end insert   

end insert begin insert

No reimbursement is required by this act pursuant
to Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.

end insert begin insert

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin insert

begin insert SEC. 17. end insert   

end insert begin insert

The Legislature finds and declares that Section 5 of
this act, which adds Section 10730.8 to the Water Code, imposes
a limitation on the public’s right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes
the following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:

end insert begin insert

In order to allow this act to fully accomplish its goals, it is
necessary to protect proprietary information submitted pursuant
to this act as confidential. Therefore, it is in the state’s interest to
limit public access to this information.

end insert

begin delete

SECTION 1.  

Section 65302.12 is added to the Government
Code, to read:

65302.12.  

Prior to the adoption or any substantial amendment
of a city or county’s general plan, the planning agency shall review,
and if necessary, revise the land use, conservation, open space, or
any other element of the general plan to address any of the
following:

(a) An adoption of, or update to, a groundwater sustainability
plan or groundwater management plan pursuant to Part 2.74
(commencing with Section 10720) or Part 2.75 (commencing with
Section 10750) of Division 6 of the Water Code or groundwater
management court order, judgment, or decree.

(b) An adjudication of water rights such as an adjudication
pursuant to Chapter 10 (commencing with Section 10742) of Part
2.74 of Division 6 of the Water Code.

(c) An order by the State Water Resources Control Board
pursuant to Chapter 9 (commencing with Section 10738) of Part
2.74 of Division 6 of the Water Code.

SEC. 2.  

Section 65352 of the Government Code is amended
to read:

65352.  

(a) Prior to action by a legislative body to adopt or
substantially amend a general plan, the planning agency shall refer
the proposed action to all of the following entities:

(1) A city or county, within or abutting the area covered by the
proposal, and any special district that may be significantly affected
by the proposed action, as determined by the planning agency.

(2) An elementary, high school, or unified school district within
the area covered by the proposed action.

(3) The local agency formation commission.

(4) An areawide planning agency whose operations may be
significantly affected by the proposed action, as determined by the
planning agency.

(5) A federal agency if its operations or lands within its
jurisdiction may be significantly affected by the proposed action,
as determined by the planning agency.

(6) (A) The branches of the United States Armed Forces that
have provided the Office of Planning and Research with a
California mailing address pursuant to subdivision (d) of Section
65944 when the proposed action is within 1,000 feet of a military
installation, or lies within special use airspace, or beneath a
low-level flight path, as defined in Section 21098 of the Public
Resources Code, provided that the United States Department of
Defense provides electronic maps of low-level flight paths, special
use airspace, and military installations at a scale and in an
electronic format that is acceptable to the Office of Planning and
Research.

(B) Within 30 days of a determination by the Office of Planning
and Research that the information provided by the Department of
Defense is sufficient and in an acceptable scale and format, the
office shall notify cities, counties, and cities and counties of the
availability of the information on the Internet. Cities, counties, and
cities and counties shall comply with subparagraph (A) within 30
days of receiving this notice from the office.

(7) A public water system, as defined in Section 116275 of the
Health and Safety Code, with 3,000 or more service connections,
that serves water to customers within the area covered by the
proposal. The public water system shall have at least 45 days to
comment on the proposed plan, in accordance with subdivision
(b), and to provide the planning agency with the information set
forth in Section 65352.5.

(8) Any local agency or joint powers authority that has adopted
a groundwater sustainability plan pursuant to Part 2.74
(commencing with Section 10720) of Division 6 of the Water Code
or that otherwise manages groundwater pursuant to other provisions
of law or a court order, judgment, or decree within the planning
area of the proposed general plan.

(9) The State Water Resources Control Board if it has adopted
a groundwater sustainability plan pursuant to Part 2.74
(commencing with Section 10720) of Division 6 of the Water Code
that includes territory within the planning area of the proposed
general plan.

(10) The Bay Area Air Quality Management District for a
proposed action within the boundaries of the district.

(11) On and after March 1, 2005, a California Native American
tribe, that is on the contact list maintained by the Native American
Heritage Commission, with traditional lands located within the
city or county’s jurisdiction.

(12) The Central Valley Flood Protection Board for a proposed
action within the boundaries of the Sacramento and San Joaquin
Drainage District, as set forth in Section 8501 of the Water Code.

(b) Each entity receiving a proposed general plan or amendment
of a general plan pursuant to this section shall have 45 days from
the date the referring agency mails it or delivers it in which to
comment unless a longer period is specified by the planning
agency.

(c) (1) This section is directory, not mandatory, and the failure
to refer a proposed action to the other entities specified in this
section does not affect the validity of the action, if adopted.

(2) To the extent that the requirements of this section conflict
with the requirements of Chapter 4.4 (commencing with Section
65919), the requirements of Chapter 4.4 shall prevail.

SEC. 3.  

Section 65352.5 of the Government Code is amended
to read:

65352.5.  

(a) The Legislature finds and declares that it is vital
that there be close coordination and consultation between
California’s water supply or management agencies and California’s
land use approval agencies to ensure that proper water supply and
management planning occurs in order to accommodate projects
that will result in increased demands on water supplies or impact
water resource management.

(b) It is, therefore, the intent of the Legislature to provide a
standardized process for determining the adequacy of existing and
planned future water supplies to meet existing and planned future
demands on these water supplies and the impact of land use
decisions on the management of California’s water supply
resources.

(c) Upon receiving, pursuant to Section 65352, notification of
a city’s or a county’s proposed action to adopt or substantially
amend a general plan, a public water system, as defined in Section
116275 of the Health and Safety Code, with 3,000 or more service
connections, shall provide the planning agency with the following
information, as is appropriate and relevant:

(1) The current version of its urban water management plan,
adopted pursuant to Part 2.6 (commencing with Section 10610)
of Division 6 of the Water Code.

(2) The current version of its capital improvement program or
plan, as reported pursuant to Section 31144.73 of the Water Code.

(3) A description of the source or sources of the total water
supply currently available to the water supplier by water right or
contract, taking into account historical data concerning wet, normal,
and dry runoff years.

(4) A description of the quantity of surface water that was
purveyed by the water supplier in each of the previous five years.

(5) A description of the quantity of groundwater that was
purveyed by the water supplier in each of the previous five years.

(6) A description of all proposed additional sources of water
supplies for the water supplier, including the estimated dates by
which these additional sources should be available and the
quantities of additional water supplies that are being proposed.

(7) A description of the total number of customers currently
served by the water supplier, as identified by the following
categories and by the amount of water served to each category:

(A) Agricultural users.

(B) Commercial users.

(C) Industrial users.

(D) Residential users.

(8) Quantification of the expected reduction in total water
demand, identified by each customer category set forth in paragraph
(7), associated with future implementation of water use reduction
measures identified in the water supplier’s urban water
management plan.

(9) Any additional information that is relevant to determining
the adequacy of existing and planned future water supplies to meet
existing and planned future demands on these water supplies.

(10) A report on the anticipated effect of proposed action to
adopt or substantially amend a general plan on implementation of
a groundwater sustainability plan pursuant to Part 2.74
(commencing with Section 10720) of Division 6 of the Water
Code.

(d) Upon receiving, pursuant to Section 65352, notification of
a city’s or county’s proposed action to adopt or substantially amend
a general plan, a groundwater sustainability agency, as defined in
Section 10720.5 of the Water Code, shall provide the planning
agency with the following information, as is appropriate and
relevant:

(1) The current version of its groundwater sustainability plan
adopted pursuant to Part 2.74 (commencing with Section 10720)
of Division 6 of the Water Code.

(2) If the groundwater sustainability agency manages
groundwater pursuant to a court order, judgment, decree, or
agreement among affected water rights holders, or if the State
Water Resources Control Board has adopted a groundwater
sustainability plan pursuant to Part 2.74 (commencing with Section
10720) of Division 6 of the Water Code, the groundwater
sustainability agency shall provide the planning agency with maps
of recharge basins and percolation ponds, extraction limitations,
and other relevant information, or the court order, judgment, or
decree.

(e) A groundwater sustainability agency that has given notice
of intention to adopt a groundwater sustainability plan, but has not
adopted a plan, shall provide a report to the planning agency on
the anticipated effect of proposed action to adopt or substantially
amend a general plan on adoption of the groundwater sustainability
plan and on the impacts of the proposed action on sustainable
management of groundwater.

SEC. 4.  

Section 1242.1 is added to the Water Code, to read:

1242.1.  

It is the policy of the state to encourage conjunctive
use of surface and groundwater. To that end, the Legislature
declares that the storage of water underneath the ground is a
beneficial use of water.

SEC. 5.  

Part 2.74 (commencing with Section 10720) is added
to Division 6 of the Water Code, to read:

 

PART 2.74.  Groundwater Sustainability Planning

 

Chapter  1. Title and Policy

 

10720.  

This part shall be known, and may be cited, as the
“Sustainable Groundwater Management Act of 2014.”

10720.1.  

In enacting this part, it is the intent of the Legislature
that all of the following occur:

(a) The enhancement of local management of groundwater
consistent with rights to use or store groundwater and Section 2
of Article X of the California Constitution. It is the intent of the
Legislature to preserve and enhance the security of water rights in
the state to the greatest extent possible consistent with the
sustainable management of groundwater.

(b) The establishment of minimum standards for groundwater
management together with the requisite authority and funding.

(c) The avoidance or minimization of subsidence.

(d) The improvement of data collection and understanding about
groundwater.

(e) The increase in groundwater storage and removal of
impediments to recharge.

(f) The provision of state technical and financial assistance.

(g) The management of groundwater basins through the actions
of local governmental agencies to the greatest extent feasible, while
minimizing state intervention to only when necessary to ensure
that local agencies manage groundwater in a sustainable manner.

(h) The intervention by the state when necessary to ensure that
local agencies manage groundwater in a sustainable manner.

 

Chapter  2. Definitions

 

10720.5.  

Unless the context otherwise requires, the following
definitions govern the construction of this part:

(a) “Adjudication action” means an action filed in the superior
court to determine the rights to extract groundwater from a basin
or store water within a basin, including, but not limited to, actions
to quiet title respecting rights to extract or store groundwater or
an action brought to impose a physical solution on a basin.

(b) “Agricultural water supplier” has the same meaning as
defined in Section 10608.12.

(c) “Basin” means a groundwater basin or subbasin identified
and defined in Bulletin 118 or as modified pursuant to Chapter 10
(commencing with Section 10742).

(d) “Bulletin 118” means the department’s report entitled
“California’s Groundwater: Bulletin 118” updated in 2003, as it
may be subsequently updated or revised in accordance with Section
12924 or Chapter 4 (commencing with Section 10723).

(e) “De minimus producer” means a person who extracts, for
domestic purposes, 2 acre feet or less per year.

(f) “Governing body” means the legislative body of a
groundwater sustainability agency.

(g) “Groundwater” means water beneath the natural surface of
the ground, in fully saturated pore spaces within the soil or rock,
excluding those waters that are flowing through natural known
and definite channels.

(h) “Groundwater extraction facility” means a pump or other
mechanism for extracting groundwater from within a basin.

(i) “Groundwater sustainability agency” means either a local
agency or a joint powers authority formed by local agencies that
implements the provisions of this part with respect to a groundwater
sustainability plan. For purposes of imposing fees pursuant to
Chapter 7 (commencing with Section 10732) or taking action to
enforce a groundwater management plan, “groundwater
management agency” also means each local agency comprising
the groundwater management agency if the plan authorizes separate
agency action.

(j) “Groundwater sustainability plan” or “plan” means a plan
of a groundwater sustainability agency proposed or adopted
pursuant to this part.

(k) “Groundwater sustainability program” means a coordinated
and ongoing activity undertaken to benefit a basin, pursuant to a
groundwater sustainability plan.

(l) “Local agency” means a local public agency, including, but
not limited to, a city, county, irrigation district, county water
district, municipal water district, California water district, water
storage district, reclamation district, or other special district that
provides water or water management service within a groundwater
basin.

(m) “Monitoring entity” means an entity identified by the
department pursuant to Section 10930.

(n) “Operator” means a person operating a groundwater
extraction facility. The owner of a groundwater extraction facility
shall be conclusively presumed to be the operator unless a
satisfactory showing is made to the governing body of the
groundwater sustainability agency that the groundwater extraction
facility actually is operated by some other person.

(o) “Owner” means a person owning a groundwater extraction
facility or an interest in a groundwater extraction facility other
than a lien to secure the payment of a debt or other obligation.

(p) “Planning and implementation horizon” means a 50-year
time period over which a groundwater sustainability agency
determines that plans and measures will be implemented in a basin
to ensure that the basin is operated within its sustainable yield.

(q) “Public water system” has the same meaning as defined in
Section 116275 of the Health and Safety Code.

(r) “Recharge” means the process by which a basin is
replenished with water whether by natural or artificial means or
in-lieu.

(s) “Sustainability goal” means the existence and implementation
of one or more groundwater sustainability plans that achieve
sustainable groundwater management by identifying and causing
the implementation of measures targeted to ensure that the
applicable basin is operated within its sustainable yield.

(t) “Sustainable groundwater management” means the
management and use of groundwater in a manner that can be
maintained during the planning and implementation horizon
without causing unreasonable adverse environmental, economic,
or social consequences through the development, implementation,
and updating of plans and programs based on the best available
science, monitoring, forecasting, and use of technological
resources, as determined by a groundwater sustainability agency.

(u) “Sustainable yield” means the maximum quantity of water,
calculated over a base period representative of long-term conditions
in the basin and including any temporary surplus, that can be
withdrawn annually from a groundwater supply without causing
an undesirable result.

(v) “Undesirable result” means one or more of the following
effects occurring after January 1, 2015, and caused by groundwater
conditions occurring throughout the basin:

(1) Chronic lowering of groundwater levels indicating a
significant and unreasonable depletion of supply if continued over
the planning and implementation horizon, excluding lowering
groundwater levels caused by a drought.

(2) Significant and unreasonable reduction of groundwater
storage.

(3) Significant seawater intrusion.

(4) Significant and unreasonable degraded water quality,
including the migration of contaminant plumes that impair water
supplies.

(5) Significant land subsidence that substantially interferes with
surface land uses.

(6) Surface water depletions that have significant adverse
impacts on species listed under the federal Endangered Species
Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or the California
Endangered Species Act (Chapter 1.5 (commencing with Section
2050) of Division 3 of the Fish and Game Code).

(w) “Water year” means the period from October 1 through the
following September 30, inclusive.

 

Chapter  3. General Provisions

 

10721.  

Subject to Section 10736, by January 31, 2020, all
basins designated as high- or medium-priority basins by the
department pursuant to Section 10933 shall be managed under a
groundwater sustainability plan or coordinated groundwater
sustainability plans pursuant to this part. The Legislature
encourages basins designated as low priority basins by the
department pursuant to Section 10933 to be managed under
groundwater sustainability plans pursuant to this part as soon as
possible.

10721.5.  

Groundwater management pursuant to this part shall
be consistent with Section 2 of Article X of the California
Constitution. Nothing in this part modifies rights or priorities to
use or store groundwater consistent with Section 2 of Article X of
the California Constitution, except that in medium- and
high-priority basins, no extraction of groundwater between January
1, 2015, and December 31, 2020, or the date of adoption of a
groundwater sustainability plan pursuant to this part, whichever
is sooner, may be used as evidence of, or to establish or defend
against, any claim of prescription.

10722.  

(a) A groundwater sustainability agency that adopts a
groundwater sustainability plan may file an action to determine
the validity of the plan pursuant to Chapter 9 (commencing with
Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

(b) Subject to Sections 394 and 397 of the Code of Civil
Procedure, the venue for an action pursuant to this section shall
be the county in which the principal office of the groundwater
management agency is located.

(c) Any judicial action or proceeding to attack, review, set aside,
void, or annul the ordinance or resolution imposing a new, or
increasing an existing, fee imposed pursuant to Section 10732,
10732.5, or 10733 shall be brought pursuant to Section 66022 of
the Government Code.

(d) Any person may pay a fee imposed pursuant to Section
10732, 10732.5, or 10733 under protest and bring an action against
the governing body in the superior court to recover any money
that the governing body refuses to refund. Payments made and
actions brought under this section shall be made and brought in
the manner provided for the payment of taxes under protest and
actions for refund of that payment in Article 2 (commencing with
Section 5140) of Chapter 5 of Part 9 of Division 1 of the Revenue
and Taxation Code, as applicable.

(e) Any action by a landowner or other water right holder to
attach, review, set aside, void, or annul an extraction allocation
established by a groundwater sustainability plan shall be brought
pursuant to the expedited adjudication procedures of Chapter 10
(commencing with Section 10742).

(f) Except as otherwise provided in this section, actions by a
groundwater sustainability agency are subject to judicial review
pursuant to Section 1085 of the Code of Civil Procedure.

10722.5.  

Except for Chapter 10 (commencing with Section
10742), this part does not apply to any of the following agencies
that are implementing basin-specific management plans:

(a) Desert Water Agency.

(b) Fox Canyon Groundwater Management Agency.

(c) Honey Lake Valley Groundwater Management District.

(d) Long Valley Groundwater Management District.

(e) Mendocino City Community Services District.

(f) Mono County Tri-Valley Groundwater Management District.

(g) Monterey Peninsula Water Management District.

(h) Ojai Groundwater Management Agency.

(i) Orange County Water District.

(j) Pajaro Valley Water Management Agency.

(k) Santa Clara Valley Water District.

(l) Sierra Valley Water District.

(m) Willow Creek Groundwater Management Agency.

 

Chapter  4. Basin Boundaries

 

10723.  

Unless other basin boundaries are established pursuant
to this chapter, a basin’s boundaries shall be as identified in
Bulletin 118.

10723.5.  

(a) The department shall consider proposals to adjust
the boundaries of a basin in accordance with the following:

(1) A proposal shall be supported by the following information:

(A) Information to demonstrate that the proposed adjusted basin
can be the subject of sustainable groundwater management. It shall
not be necessary that the information show that a proposed adjusted
basin currently is subject to sustainable groundwater management.

(B) A technical report concerning the boundaries of, and
conditions in, the proposed adjusted basin that is stamped by a
registered civil engineer or certified hydrologist.

(C) Information demonstrating that the entity proposing the
basin boundary adjustment consulted with interested local agencies
and public water systems in the basin before filing the proposal
with the department.

(2) A proposal may be supported by information concerning
historic management of the proposed adjusted basin.

(3) The department shall circulate a draft decision by the
department no fewer than 60 days before the department adopts
that decision.

(b) The department shall require anyone who proposes a basin
boundary adjustment to serve the basin boundary adjustment
proposal on other interested parties and to submit responses to
proposals for basin boundary adjustments to the department.

(c) (1) All proposals to adjust basin boundaries pursuant to this
section shall be filed with the department by July 1, 2016.

(2) The department shall issue all decisions concerning
adjustments to basin boundaries pursuant to this section by January
1, 2018.

(3) The department may provide for expedited processing to
consider proposals to adjust basin boundaries if necessary to
expedite consideration of the boundaries of a basin that is subject
to an adjudication action.

(d) The adjustment of boundaries pursuant to this section
includes the subdivision of a basin.

(e) (1) By January 1, 2016, the department shall adopt
emergency regulations to implement this section in an open and
public process that includes the following:

(A) An opportunity for the public to submit proposals for the
regulations to the department by April 1, 2015.

(B) Circulation of draft regulations by the department by August
1, 2015, for public review and comment.

(2) The department shall adopt emergency regulations pursuant
to this section in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code. The adoption of these regulations shall be deemed to be an
emergency and shall be considered by the Office of Administrative
Law as necessary for the immediate preservation of the public
peace, health, safety, and general welfare. Notwithstanding Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code, any emergency regulation adopted
by the department pursuant to this section shall remain in effect
until revised by the department.

10724.  

(a) The department shall review all of the basin
boundaries identified in Bulletin 118 and publish any necessary
revisions to those boundaries by January 1, 2023, in an update of
Bulletin 118. As indicated by the best available technical
information, including the groundwater sustainability plans that
groundwater sustainability agencies submitted to the department
in 2020, the department shall adjust the boundaries of basins and
define any subdivisions of existing basins as new basins. In
adjusting a basin’s boundaries and defining any subdivisions of
an existing basin as a new basin, the department shall determine
whether those adjustments would result in a basin that would
support sustainable groundwater management. In revising basin
boundaries for an update of Bulletin 118, the department shall
favor definitions of basins that enable the most practical and
effective groundwater management.

(b) In updating basin boundaries pursuant to this section, the
department shall comply with the procedures applicable to a formal
rulemaking under the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code).

 

Chapter  5. Identification of Groundwater
Sustainability Agencies

 

10725.  

To the extent practicable, a groundwater sustainability
plan developed in accordance with this part shall be coterminous
and augment groundwater management plans developed pursuant
to Part 2.75 (commencing with Section 10750).

10725.5.  

(a) A groundwater management agency that has
adopted a groundwater management plan that meets the
requirements of Part 2.75 (commencing with Section 10750) prior
to January 1, 2014, shall be presumed to be the groundwater
sustainability agency to develop a basin sustainability plan in
accordance with this part. The groundwater sustainability agency
may adopt a resolution of intent to prepare a groundwater
sustainability plan in accordance with this part no later than January
1, 2016. The groundwater sustainability agency shall submit an
adopted resolution of intent to the department within 30 days of
its adoption.

(b) If a resolution of intent is not adopted and submitted as
provided in subdivision (a), the county that the groundwater
management plan area is located in may, by January 1, 2017, do
either of the following:

(1) Adopt and submit to the department a resolution of intent
to adopt a groundwater sustainability plan for the area.

(2) Request any other local agency or joint powers authority
providing water or water management services within the
groundwater management plan areas to adopt and submit to the
department a resolution of intent to adopt a groundwater
management plan for that area.

(c) If a resolution of intent is not adopted and submitted as
provided in subdivision (a) or (b), any local agency or joint powers
authority in the basin may adopt and submit to the department a
resolution of intent to adopt a groundwater sustainability plan for
the basin.

(d) If no resolution of intent is adopted and submitted as
provided in subdivision (a), (b), or (c), subdivision (a) of Section
10726 shall apply.

(e) If a groundwater sustainability agency or other local agency
submits prescribed alternative documentation in accordance with
Section 10736, the agency also shall adopt a resolution of intent
to comply with this part not later than January 1, 2016. The
resolution of intent shall be provided to the department within 30
days of adoption of the resolution.

10726.  

If any portion of a basin is outside the jurisdictional
boundary of any groundwater sustainability plan as adopted or as
intended to be prepared according to a resolution of intent pursuant
to Section 10725.5, that portion of the basin shall be coordinated
with the nearest groundwater sustainability plan in any of the
following ways:

(a) (1) The landowners and other groundwater users in the
unmanaged area may elect to form a new public agency or private
corporation for the purpose of cooperating in the groundwater
management plan or may petition to be annexed into an existing
public agency.

(2) If the landowners and other groundwater users choose to
form a new public agency or request to be annexed into an existing
agency, the local agency formation commission shall complete
proceedings on the formation of the agency or the annexation of
the area and serve as the conducting authority within six months
from the date the landowners and other groundwater users file a
formation or annexation application with the commission.

(b) A groundwater sustainability agency may utilize existing
authority to annex or otherwise bring any unmanaged land into its
boundaries for purposes of the agency’s plan or to otherwise extend
the geographic reach of the plan to include unmanaged areas of
the basin. In the event that a local agency seeks to annex lands for
the purpose of developing a groundwater sustainability plan, the
local agency formation commission shall complete proceedings
in accordance with the schedule set forth in paragraph (2) of
subdivision (a).

(c) If a groundwater sustainability agency cannot or elects not
to annex or otherwise extend boundaries to include the unmanaged
areas, a county that overlies the basin may utilize existing authority
to cause the development of a groundwater sustainability plan for
the unmanaged areas. A county may, by resolution or ordinance,
delegate this authority to a local agency, in which case the local
agency formation commission shall take appropriate action to
ensure that all areas overlying a groundwater basin are within the
boundaries of one or more of the agencies developing the
groundwater sustainability plan. The local agency formation
commission shall complete actions pursuant to this subdivision
no later than January 1, 2017.

(d) If by January 1, 2017, an area overlying a basin is not within
the jurisdiction of a local agency that is participating in the
development of a groundwater sustainability plan, the board may,
after notice and a hearing, order one or more local agencies
developing a groundwater sustainability plan to include the area
within the plan.

10726.5.  

(a) If more than one groundwater sustainability plan
exists or is developed for a basin, the plans shall be coordinated
through a joint powers agreement, memorandum of understanding,
or similar agreement. The agreement or memorandum of
understanding shall ensure that multiple groundwater sustainability
plans advance sustainable groundwater management of the basin
as a whole.

(b) If by July 1, 2017, the groundwater sustainability agencies
within a basin cannot come to an agreement to coordinate
groundwater sustainability plans, a groundwater sustainability
agency may petition the board, no later than June 30, 2017, to do
either of the following:

(1) Appoint a single groundwater sustainability agency to
develop the groundwater sustainability plan for the basin.

(2) Impose an alternative governance structure with a governing
board that is representative of the local agencies within the basin.

(c) If the board appoints a groundwater sustainability agency
or imposes a governance structure pursuant to subdivision (b), the
board may consider factors that will best foster sustainable
groundwater management as a whole, including, but not limited
to, the following:

(1) The geographic extent and governmental authorities of
existing groundwater management agencies, local agencies, and
any relevant county.

(2) The financial and technical resources available to the relevant
public agencies to implement a groundwater sustainability plan.

(3) The technical groundwater information and data available
to the relevant local agencies.

(4) The relevant local agencies’ history of groundwater
management.

(d) The board may utilize available processes and authorities
to appoint the groundwater sustainability agency or impose a
governance structure pursuant to subdivision (b), and may conduct
hearings, workshops, and other information gathering processes
to inform its determination.

(e) The board shall appoint a groundwater sustainability agency
or impose a governance structure pursuant to subdivision (b) no
later than June 30, 2018.

(f) If multiple groundwater sustainability plans cover different
portions of a basin, each plan shall not conflict with or impede
sustainable groundwater management relating to any other plan
in the basin.

10727.  

A groundwater sustainability plan may include criteria
to exempt small domestic pumping of groundwater for use on
overlying lands in unmanaged areas of the basin if the groundwater
sustainability agency determines that the exclusion of the pumping
will not otherwise affect sustainable management of the basin
pursuant to this part.

 

Chapter  6. Management Tools

 

10728.  

(a) A groundwater sustainability agency may exercise
any of the powers described in this chapter in implementing this
part, in addition to, and not as a limitation on, any existing
authority, if the groundwater sustainability agency adopts and
submits to the department a groundwater sustainability plan or
prescribed alternative documentation in accordance with Section
10736.

(b) A groundwater sustainability agency has and may use the
powers in this chapter to provide the maximum degree of local
control and flexibility consistent with the sustainability goals of
this part.

10728.5.  

(a) A groundwater sustainability agency may perform
any act necessary or proper to carry out the purposes of this part,
including, but not limited to, the performance of an agreement,
acting jointly or in cooperation with the United States, any state,
county, city, district of any kind, public or private corporation,
association, firm, or individual, or any combination of them.

(b) A groundwater sustainability agency may perform any acts
necessary or proper for the performance of an agreement with the
United States, any state, county, city, district of any kind, public
or private corporation, association, firm, or individual, or any
combination of them, for the joint acquisition, construction, leasing,
ownership, disposition, use, management, maintenance, repair, or
operation of any rights, works, or other property of a kind that may
be useful in implementing the purposes of this part.

(c) A groundwater sustainability agency may adopt rules and
regulations for the purpose of this part, in compliance with any
procedural requirements applicable to the adoption of rules and
regulations by the groundwater sustainability agency. In addition
to any other applicable procedural requirements, the groundwater
sustainability agency shall provide notice of the proposed adoption
of the groundwater sustainability agency on its Internet Web site
and provide for electronic notice to any person who requests
electronic notification.

(d) This part shall apply to the United States and an Indian tribe
to the extent authorized under federal or tribal law.

(e) This part shall apply to the state and its agencies and
departments and to local agencies to the same extent as a person
regulated by a groundwater sustainability plan. A groundwater
sustainability agency shall not impose a penalty pursuant to this
part on the state or its agencies, departments, or officers.

(f) Notwithstanding any other law, in any judicial action
authorized by this part, the court shall direct that a prevailing party
that is a groundwater sustainability agency, or owner or operator
of a groundwater extraction facility, shall be awarded the
reasonable attorney’s fees and costs relating to an action authorized
pursuant to this part.

10729.  

(a) A groundwater sustainability agency may conduct
an investigation for the purposes of this part, including, but not
limited to, investigations for the following:

(1) To determine the need for groundwater management.

(2) To prepare and adopt a groundwater sustainability plan and
implementing rules and regulations.

(3) To propose and update fees.

(4) To monitor compliance and enforcement.

(b) An investigation may include surface waters and surface
water rights as well as groundwater and groundwater rights.

(c) In connection with an investigation, a groundwater
sustainability agency may inspect the property or facilities of a
person or entity to ascertain whether the purposes of this part are
being met and compliance with this part. The local agency may
conduct an inspection pursuant to this section upon obtaining any
necessary consent or obtaining an inspection warrant pursuant to
the procedure set forth in Title 13 (commencing with Section
1822.50) of Part 3 of the Code of Civil Procedure.

10729.5.  

(a) Each groundwater extraction facility within a
groundwater sustainability agency shall be registered with the
groundwater sustainability agency if the groundwater sustainability
plan provides for establishing a groundwater charge pursuant to
this part or for otherwise regulating groundwater extractions. The
groundwater sustainability agency may, by resolution or ordinance,
establish reasonable requirements for the registration of a
groundwater extraction facility.

(b) Any form used to register a groundwater extraction facility
pursuant to this section shall not be made available for inspection
by the public. The groundwater sustainability agency may use
information from the form to develop or implement a groundwater
sustainability program or plan pursuant to this part.

(c) An owner or operator of a groundwater extraction facility
that fails to register the facility within a time period provided for
in a groundwater sustainability plan shall become jointly and
severally liable to the groundwater sustainability agency for a
penalty of one thousand dollars ($1,000) per unregistered
groundwater extraction facility.

10730.  

(a) A groundwater sustainability agency may require
through its groundwater sustainability plan that the use of every
groundwater extraction facility within the groundwater
sustainability agency be measured no less than 60 days after
registration by a water-measuring device satisfactory to the
groundwater sustainability agency. If water-measuring devices are
required by the groundwater sustainability plan, an owner or
operator of a groundwater extraction facility that fails to install a
satisfactory water-measuring device within the 60-day time period
shall be jointly and severally liable to the groundwater
sustainability agency for a penalty of one thousand dollars ($1,000)
per groundwater extraction facility lacking a water-measuring
device.

(b) All costs associated with the purchase and installation of
the water-measuring device shall be borne by the owner or operator
of each groundwater extraction facility. The water measuring
devices shall be installed by the groundwater sustainability agency
or, at the groundwater sustainability agency’s option, by the owner
or operator of the groundwater extraction facility. Water-measuring
devices shall be calibrated on a reasonable schedule as may be
determined by the groundwater sustainability agency.

(c) A groundwater sustainability agency may require, through
its groundwater sustainability plan, that the owner or operator of
a groundwater extraction facility within the groundwater
sustainability agency file an annual statement with the groundwater
sustainability agency setting forth the total extraction in acre-feet
of groundwater from the facility during the previous year. If filing
of groundwater extraction statements is required by the
groundwater sustainability plan, an owner or operator of a
groundwater extraction facility that fails to file a timely
groundwater extraction statement shall be jointly and severally
liable to the groundwater sustainability agency for a penalty of
one thousand dollars ($1,000) per groundwater extraction facility
without a filed groundwater extraction statement per each month
since the date the first penalty could have been imposed by the
groundwater sustainability agency.

(d) In addition to the measurement of groundwater extractions
pursuant to subdivision (a), a groundwater sustainability agency
may use any other reasonable method to determine groundwater
extraction.

(e) This section does not apply to de minimus extractors.

10730.5.  

An entity within the area of a groundwater
sustainability plan shall only divert surface water to underground
storage consistent with the plan and shall report the diversion to
underground storage to the groundwater sustainability agency for
the relevant portion of the basin.

10731.  

A groundwater sustainability agency may do the
following:

(a) Acquire by grant, purchase, lease, gift, devise, contract,
construction, or otherwise, and hold, use, enjoy, sell, let, and
dispose, of real and personal property of every kind, including
lands, water rights, structures, buildings, rights-of-way, easements,
and privileges, and construct, maintain, alter, and operate any and
all works or improvements, within or outside the agency, necessary
or proper to carry out any of the purposes of this part.

(b) Appropriate and acquire surface water or groundwater and
surface water or groundwater rights, import surface water or
groundwater into the agency, and conserve and store within or
outside the agency that water for any purpose necessary or proper
to carry out the provisions of this part, including, but not limited
to, the spreading, storing, retaining, or percolating into the soil of
the waters for subsequent use or in a manner consistent with the
provisions of Section 10735. As part of this authority, the agency
may validate an existing groundwater conjunctive use or storage
program upon a finding that the program would aid or assist the
agency in developing or implementing a groundwater sustainability
plan.

(c) Provide for a program of voluntary fallowing of agricultural
lands or validate an existing program.

(d) Perform any acts necessary or proper to enable the agency
to purchase, transfer, deliver, or exchange water or water rights of
any type with any person that may be necessary or proper to carry
out any of the purposes of this part, including, but not limited to,
providing surface water in exchange for a groundwater extractor’s
agreement to reduce or cease groundwater extractions. The agency
shall not deliver retail water supplies within the service area of a
public water system without either the consent of that system or
authority under the agency’s existing authorities.

(e) Transport, reclaim, purify, desalinate, treat, or otherwise
manage and control polluted water, wastewater, or other waters
for subsequent use in a manner that is necessary or proper to carry
out the purposes of this part.

(f) Whenever, in the opinion of the agency’s governing board,
the public interest or convenience may require, it may order any
work or improvement that it is authorized to undertake to be done
in accordance with the procedures and pursuant to the provisions
of the Improvement Act of 1911 (Division 7 (commencing with
Section 5000) of the Streets and Highways Code), the Improvement
Bond Act of 1915 (Division 10 (commencing with Section 8500)
of the Streets and Highways Code), or the Municipal Improvement
Act of 1913 (Division 12 (commencing with Section 10000) of
the Streets and Highways Code).

(g) Commence, maintain, intervene in, defend, compromise,
and assume the cost and expenses of any and all actions and
proceedings.

10731.5.  

A groundwater sustainability agency shall have the
following additional authority and may regulate groundwater
pumping using that authority by means of ordinance or resolution:

(a) To impose spacing requirements on new groundwater well
construction to minimize well interference and impose reasonable
operating regulations on existing groundwater wells to minimize
well interference, including requiring pumpers to operate on a
rotation basis.

(b) To control groundwater extractions by regulating, limiting,
or suspending extractions from individual groundwater wells or
extractions from groundwater wells in the aggregate, the
construction of new groundwater wells, the enlarging of existing
groundwater wells, the reactivation of abandoned groundwater
wells, or otherwise establishing groundwater extraction allocations.
A limitation on extractions by a groundwater sustainability agency
shall not be construed to be a final determination of rights to extract
groundwater from the basin or any portion of the basin. A
groundwater sustainability agency may use the expedited
adjudication procedures in Chapter 10 (commencing with Section
10742) in establishing groundwater extraction allocations.

(c) To authorize temporary and permanent transfers of
groundwater extraction allocations within the agency’s boundaries,
if the total quantity of groundwater extracted in any year is
consistent with the provisions of the groundwater sustainability
plan.

(d) To establish accounting rules to allow unused groundwater
extraction allocations issued by the agency to be carried over from
one year to another and voluntarily transferred, if the total quantity
of groundwater extracted in any five-year period is consistent with
the provisions of the groundwater sustainability plan.

 

Chapter  7. Financial Authority

 

10732.  

(a) A groundwater sustainability agency may impose
fees, including, but not limited to, permit fees and fees on
groundwater extraction or other regulated activity, to fund the costs
of a groundwater sustainability program, including, but not limited
to, preparation, adoption, and amendment of a groundwater
sustainability plan, and program administration, investigations,
inspections, compliance assistance, and enforcement. A
groundwater sustainability agency shall not impose a fee pursuant
to this subdivision on a de minimus producer unless the agency
has regulated the users pursuant to this part.

(b) Prior to imposing or increasing a fee, a groundwater
sustainability agency shall hold at least one open and public
meeting, at which oral or written presentations may be made as
part of the meeting.

(1) Notice of the time and place of the meeting shall include a
general explanation of the matter to be considered and a statement
that the data required by this section is available. The notice shall
be mailed at least 14 days prior to the meeting to each record owner
of property within the basin and to any interested party who files
a written request with the agency for mailed notice of the meeting
on new or increased fees. A written request for mailed notices shall
be valid for one year from the date that the request is made and
may be renewed by making a written request on or before April 1
of each year.

(2) At least 10 days prior to the meeting, the groundwater
sustainability agency shall make available to the public data upon
which the proposed fee is based.

(c) Any action by a groundwater sustainability agency to impose
or increase a fee shall be taken only by ordinance or resolution.

(d) (1) As an alternative method for the collection of fees
imposed pursuant to this section, a groundwater management
agency may adopt a resolution requesting collection of the fees in
the same manner as ordinary municipal ad valorem taxes.

(2) A resolution described in paragraph (1) shall be adopted and
furnished to the county auditor and board of supervisors on or
before August 1 of each year that the alternative collection of the
fees is being requested. The resolution shall include a list of parcels
and the amount to be collect for each parcel.

(e) The power granted by this section is in addition to any
powers a groundwater sustainability agency has under any other
law.

10732.5.  

(a) A groundwater sustainability agency that adopts
a groundwater sustainability plan pursuant to this part may impose
fees on the extraction of groundwater from the basin to fund costs
of groundwater management, including, but not limited to, the
costs of the following:

(1) Administration, operation, maintenance, and acquisition of
lands or other property, facilities, and services.

(2) Supply, production, treatment, or distribution of water.

(3) Other activities necessary or convenient to implement the
plan.

(b) Fees may be implemented pursuant to Part 2.75
(commencing with Section 10750) in accordance with the
procedures provided in this section.

(c) Fees imposed pursuant to this section shall be adopted in
accordance with subdivisions (a) and (b) of Section 6 of Article
XIII D of the California Constitution.

(d) Fees imposed pursuant to this section may include fixed fees
and fees charged on a volumetric basis, including, but not limited
to, fees that increase based on the quantity of groundwater produced
annually, the year in which the production of groundwater
commenced from a groundwater extraction facility, and impacts
to the basin.

(e) The power granted by this section is in addition to any
powers a groundwater sustainability agency has under any other
law.

10733.  

A groundwater sustainability agency may fund activities
pursuant to Part 2.75 (commencing with Section 10750) and may
impose fees pursuant to Section 10732.5 to fund activities
undertaken by the agency pursuant to Part 2.75 (commencing with
Section 10750).

10733.5.  

(a) A groundwater fee levied pursuant to this chapter
shall be due and payable to the groundwater sustainability agency
by each owner or operator on a day established by the groundwater
sustainability agency.

(b) If an owner or operator knowingly fails to pay a groundwater
charge within 30 days of it becoming due, the owner or operator
shall be liable to the groundwater sustainability agency for interest
at the rate of 1 percent per month on the delinquent amount of the
groundwater charge and a 10 percent penalty.

(c) The groundwater sustainability agency may bring a suit in
the court having jurisdiction against any owner or operator of a
groundwater extraction facility within the area covered by the plan
for the collection of any delinquent groundwater charges, interest,
or penalties imposed under this chapter. If the groundwater
sustainability agency seeks an attachment against the property of
any named defendant in the suit, the groundwater sustainability
agency shall not be required to furnish bond or other undertaking
as provided in Title 6.5 (commencing with Section 481.010) of
Part 2 of the Code of Civil Procedure.

(d) In the alternative to bringing a suit pursuant to subdivision
(c), a groundwater sustainability agency may collect any delinquent
groundwater charge and any civil penalties and interest on the
delinquent groundwater charge pursuant to the laws applicable to
the local agency or, if a joint powers authority, to the entity
designated pursuant to Section 6509 of the Government Code. The
collection shall be in the same manner as it would be applicable
to the collection of delinquent assessments, water charges, or tolls.

(e) As an additional remedy, a groundwater sustainability
agency, after a public hearing, may order an owner or operator to
cease extraction of groundwater until all delinquent fees are paid.
The groundwater sustainability agency shall give notice to the
owner or operator by certified mail not less than 15 days in advance
of the public hearing.

(f) The remedies specified in this section for collecting and
enforcing fees are cumulative and may be pursued alternatively
or may be used consecutively as determined by the governing
body.

10734.  

(a) Nothing in this chapter shall affect or interfere with
the authority of a groundwater sustainability agency to levy and
collect taxes, assessments, charges, and tolls as otherwise provided
by law.

(b) For the purposes of Section 6254.16 of the Government
Code, persons subject to payment of fees pursuant to this chapter
are utility customers of a groundwater sustainability agency.

10734.5.  

(a) If there is reasonable cause to believe that the
production of groundwater from any groundwater extraction facility
is in excess of that disclosed by the statements covering the facility
or if no statement is filed covering the facility, then the governing
body may cause an investigation and report to be made concerning
the production of groundwater from that groundwater extraction
facility that includes, but is not limited to, the accuracy of the
water-measuring device. The governing body may make a
determination fixing the amount of groundwater production from
the groundwater extraction facility at an amount not to exceed the
maximum production capacity of the facility for purposes of
levying a groundwater charge. If a water-measuring device is
permanently attached to the groundwater extraction facility, the
record of production as disclosed by the water-measuring device
shall be presumed to be accurate unless the contrary is established
by the groundwater management agency after investigation.

(b) After the governing body makes a determination fixing the
amount of groundwater production pursuant to subdivision (a), a
written notice of the determination shall be mailed to the owner
or operator of the groundwater extraction facility at the address as
shown by the groundwater management agency’s records. A
determination made by the governing body shall be conclusive on
the owner or operator and the groundwater charges, based on the
determination together with any interest and penalties, shall be
payable immediately unless within 10 days after the mailing of
the notice the owner or operator files with the governing body a
written protest setting forth the ground for protesting the amount
of production or the groundwater charges, interest, and penalties.
If a protest is filed pursuant to this subdivision, the governing body
shall hold a hearing to determine the total amount of the
groundwater production and the groundwater charges, interest,
and penalties. The determination by the governing body at the
hearing shall be conclusive if based upon substantial evidence.
Notice of the hearing shall be mailed to each protestant at least 10
days before the date fixed for the hearing. Notice of the
determination of the governing body hearing shall be mailed to
each protestant. The owner or operator shall have 20 days from
the date of mailing of the determination to pay the groundwater
charges, interest, and penalties determined by the governing body.

 

Chapter  8. Groundwater Sustainability Plans

 

10735.  

(a) A groundwater sustainability plan shall be adopted
for each medium or high priority basin by an overlying
groundwater sustainability agency. The plan may incorporate,
extend, or be based on a plan adopted pursuant to Part 2.75
(commencing with Section 10750) and shall include all of the
following:

(1) A description of the physical setting and characteristics of
the aquifer system underlying the basin that includes the following:

(A) Historical data, to the extent available.

(B) Groundwater levels, groundwater quality, subsidence, and
groundwater-surface water interaction.

(C) Known issues of concern with respect to the data described
in this paragraph.

(D) A general discussion of historical and projected water
demands and supplies.

(E) A map that details the area of the basin and the boundaries
of the groundwater sustainability agencies that overlie the basin
that have or are developing groundwater sustainability plans.

(F) A map identifying existing and potential recharge areas for
the basin. The map or maps shall identify the existing recharge
areas that substantially contribute to the replenishment of the
groundwater basin. The map or maps shall be provided to the
appropriate local planning agencies after adoption of the
groundwater sustainability plan.

(2) Groundwater management objectives to achieve the
sustainability goal in the basin within 20 years of the
implementation of the plan. The plan shall include a description
of how the plan helps meet each objective and how each objective
is intended to achieve the sustainability goal for the basin for
long-term beneficial uses of groundwater. The department, at the
request of the groundwater management agency, may grant an
extension of up to 10 years beyond the 20 year sustainability time
frame if necessary based on groundwater basin circumstances.

(3) A planning and implementation horizon of at least 50 years.

(4) As applicable to the basin, components relating to the
following:

(A) The monitoring and management of groundwater levels
within the basin.

(B) The monitoring and management of groundwater quality,
groundwater quality degradation, inelastic land surface subsidence,
and changes in surface flow and surface water quality that directly
affect groundwater levels or quality or are caused by groundwater
pumping in the basin.

(C) Mitigation of overdraft.

(D) How recharge areas identified in the plan substantially
contribute to the replenishment of the basin.

(5) A summary of the type of monitoring sites, type of
measurements, and the frequency of monitoring for each location
monitoring groundwater levels, groundwater quality, subsidence,
streamflow, precipitation, evaporation, and tidal influence. The
plan shall include a summary of monitoring information such as
well depth, screened intervals, and aquifer zones monitored, and
a summary of the type of well relied on for the information,
including public, irrigation, domestic, industrial, and monitoring
wells.

(6) Monitoring protocols that are designed to detect changes in
groundwater levels, groundwater quality, inelastic surface
subsidence for basins for which subsidence has been identified as
a potential problem, and flow and quality of surface water that
directly affect groundwater levels or quality or are caused by
groundwater pumping in the basin. The monitoring protocols shall
be designed to generate information that promotes efficient and
effective groundwater management.

(b) A groundwater sustainability plan may include all of the
following, where appropriate:

(1) Control of saline water intrusion.

(2) Wellhead protection areas and recharge areas.

(3) Migration of contaminated groundwater.

(4) A well abandonment and well destruction program.

(5) Replenishment of groundwater extractions.

(6) Activities implementing, opportunities for, and impediments
to, conjunctive use.

(7) Well construction policies.

(8) Measures addressing groundwater contamination cleanup,
recharge, diversions to storage, conservation, water recycling,
conveyance, and extraction projects.

(9) Efficient water management practices, as defined in Section
10902, for the delivery of water and water conservation methods
to improve the efficiency of water use.

(10) Efforts to develop relationships with state and federal
regulatory agencies.

(11) Processes to review land use plans and efforts to coordinate
with land use planning agencies to assess activities that potentially
create risks to groundwater quality or quantity.

10735.5.  

(a) Prior to initiating the development of a
groundwater sustainability plan, the groundwater sustainability
agency shall make available to the public and the department a
written statement describing the manner in which interested parties
may participate in the development and implementation of the
groundwater sustainability plan. The groundwater sustainability
agency may appoint and consult with an advisory committee
consisting of interested parties for the purposes of developing and
implementing a sustainable groundwater management plan. The
groundwater management agency shall encourage the active
involvement of diverse social, cultural, and economic elements of
the population within the groundwater basin prior to and during
the development and implementation of the groundwater
management plan. The groundwater sustainability agency shall
encourage the active involvement of diverse social, cultural, and
economic elements of the population within the basin prior to and
during the development and implementation of the groundwater
sustainability plan.

(b) The groundwater sustainability agency shall establish and
maintain a list of persons interested in receiving notices regarding
plan preparation, meeting announcements, and availability of draft
plans, maps, and other relevant documents. A person may request,
in writing, to be placed on the list of interested persons.

10736.  

(a) Except as provided in subdivision (b), a
groundwater sustainability agency shall certify that its plan
complies with this part no later than January 31, 2020, and every
five years thereafter. A groundwater sustainability agency shall
submit this certification to the department within 30 days of the
certification.

(b) A basin shall be in compliance with this part if a groundwater
sustainability agency for a basin or other local agency submits to
the department no later than January 31, 2020, and every five years
thereafter, any of the following documents:

(1) A copy of a governing final judgment or other judicial order
or decree establishing a groundwater sustainability program for
the basin.

(2) A report approved by a groundwater sustainability agency
that shows that current management or operations activities have
been consistent with the sustainable yield of the basin over a period
of at least 10 years. The report shall be prepared by a registered
professional engineer or geologist who is licensed by the state and
submitted under that engineer’s or geologist’s seal. The report may
demonstrate compliance with the sustainability goal in the basin
by presenting a balanced water budget for the basin, a technical
analysis demonstrating stable groundwater levels over the relevant
period, or other sufficient technical analyses.

(c) (1) The department may review the submissions made
pursuant to this section and may request the supporting information
on which the certification pursuant to subdivision (a) or the other
documentation pursuant to subdivision (b) relied. The department
may issue findings concerning the validity of the certification or
other submission.

(2) Before issuing findings pursuant to paragraph (1), the
department shall transmit a draft of its findings to the submitting
agency and shall consult with that agency. The submitting agency
may submit a response to the department within 60 days of
receiving the department’s draft findings.

(3) If the department’s findings issued pursuant to paragraph
(1) concern the compliance of a plan with requirements for
sustainable groundwater management or the operation of a basin
consistent with the basin’s sustainable yield, the submitting agency,
within 90 days of receipt, shall consider amendments to its plan
or technical analysis to address the department’s findings.

(d) The Antelope Valley basin at issue in the Antelope Valley
Groundwater Cases (Judicial Council Coordination Proceeding
Number 4408) shall be treated as an adjudicated basin pursuant to
this section if the superior court’s final judgment, order, or decree
is submitted to the department consistent with this section.

10736.5.  

A groundwater management agency shall periodically
evaluate its groundwater sustainability plan, assess changing
conditions in the basin that may warrant modification of the plan
or management objectives, and may adjust components in the plan.
An evaluation of the plan shall focus on determining whether the
actions under the plan are meeting the plan’s management
objectives and whether those objectives are meeting the
sustainability goal in the basin.

10737.  

A groundwater sustainability agency preparing a
groundwater sustainability plan or a plan amendment shall notify
any city or county within the area of the proposed plan or
amendment at least 90 days before a public hearing on the plan
where the agency will be reviewing the plan or amendment and
considering its adoption or amendment. The groundwater
sustainability agency shall obtain comments from any city or
county that receives notice pursuant to this section and shall consult
with a city or county that requests consultation within 30 days of
receipt of the notice. Nothing in this section is intended to preclude
an agency and a city or county from otherwise consulting or
commenting regarding the adoption or amendment of a plan.

10737.5.  

(a) The department or a groundwater sustainability
agency may provide technical assistance to entities that extract or
use groundwater to promote water conservation and protect
groundwater resources.

(b) The department may provide technical assistance to any
groundwater sustainability agency in response to that agency’s
request for assistance in the development and implementation of
a groundwater sustainability plan. The department shall use its
best efforts to provide the requested assistance.

(c) (1) By January 1, 2017, the department shall submit to the
Legislature and publish on its Internet Web site best management
practices for the sustainable management of groundwater.

(2) Best management practices to be submitted pursuant to
paragraph (1) shall be submitted in compliance with Section 9795
of the Government Code.

(3) The department shall develop the best management practices
in consultation with a representative task force of interested entities.
The department shall ensure that the task force’s members are
broadly representative of stakeholders who are interested in
groundwater. The task force shall have no more than 25 stakeholder
members. The task force also shall include at least three licensed
engineers who have extensive experience with groundwater issues.
The department shall convene the task force’s first meeting by
July 1, 2015. All meetings of the task force shall be open to the
public.

(4) A groundwater sustainability agency may consider the best
management practices developed by the department in preparing
a groundwater sustainability plan consistent with the requirements
of this chapter.

 

Chapter  9. State Intervention

 

10738.  

It is the intent of the Legislature to amend this measure
to provide that one or more state agencies act to ensure that all
basins in California are on track to achieve the sustainability goal
if local agencies are unable to adopt or implement groundwater
sustainability plans that achieve that goal.

 

Chapter  10. Expedited Adjudication

 

10742.  

It is the intent of the Legislature to amend this measure
to provide for expedited adjudications of rights to extract and store
water from and in basins by enacting, and directing the Judicial
Council to develop, innovative judicial procedures to manage those
adjudications as quickly as reasonably feasible so as to enable the
sustainable management of groundwater in the state.

 

Chapter  11. Land Use

 

10745.  

(a) After January 31, 2020, until a groundwater
sustainability agency or the board complies with this part for a
basin, a person shall not increase groundwater extractions on a
property within the basin from the average of the extractions on
that property during the period of January 1, 2010, to December
31, 2014, inclusive, unless the person submits to the county a report
that meets all of the following requirements:

(1) A registered professional engineer or geologist licensed by
the state prepared the report and submitted it under the engineer’s
or geologist’s seal.

(2) It includes a technical analysis demonstrating stable
groundwater levels over the relevant period in the area where the
increased extraction would occur.

(3) It demonstrates that the increased extractions would not
cause undesirable results in the basin.

(b) A land use agency shall issue a well-drilling permit only if
the extractions from the new or refurbished well satisfy the limit
established pursuant to subdivision (a).

(c) This section does not apply to the following:

(1) Monitoring wells.

(2) Wells used for groundwater remediation under a cleanup or
remedial action plan approved by a public agency with authority
to oversee groundwater remediation or by a court of competent
jurisdiction.

(3) A well that is subject to judicial oversight and control
pursuant to a final judgment governing extractions from the
groundwater basin.

(d) This section shall not be construed as an exemption from
any adjudication of rights to use groundwater whether that
adjudication occurs in a court of California, the United States, or
under procedures provided in Chapter 10 (commencing with
Section 10742).

 

Chapter  12. Water Supply Reliability

 

10748.  

Sustainable groundwater management in California
depends upon creating more opportunities for robust conjunctive
management of surface water resources. Climate change will
intensify the need to recalibrate and reconcile surface and
groundwater management strategies. It is the intent of the
Legislature to amend this measure to provide that the State Water
Resources Control Board and the regional water quality control
boards weigh the value of surface water for groundwater
replenishment and recharge to promote the state’s interest in
groundwater sustainability.

SEC. 6.  

The provisions of this act are severable. If any
provision of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.

SEC. 7.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, 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.

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

SEC. 8.  

The Legislature finds and declares that Section 5 of
this act, which adds Sections 10729.5 and 10734 to the Water
Code, imposes a limitation on the public’s right of access to the
meetings of public bodies or the writings of public officials and
agencies within the meaning of Section 3 of Article I of the
California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following findings to demonstrate the
interest protected by this limitation and the need for protecting
that interest:

In order to allow this act to fully accomplish its goals, it is
necessary to protect proprietary information submitted pursuant
to this act as confidential. Therefore, it is in the state’s interest to
limit public access to this information.

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