Amended in Senate August 18, 2014

Amended in Senate August 7, 2014

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 65350.5 to, the Government Code, and to amend Sections 348, 1120, 1552, begin delete 1831, 10927, 10933, and 12924 end delete begin insert and 1831 end insert of, to add begin delete Sections 113, 1529.5, and 10750.1 end delete begin insert Section 1529.5 end insert to, to add Part 5.2 (commencing with Section 5200) to Division 2 of, and to add begin delete Part 2.74 (commencing with Section 10720) to Division 6 end delete begin insert Chapter 7 (commencing with Section 10729), Chapter 8 (commencing with Section 10730), Chapter 9 (commencing with Section 10732), Chapter 10 (commencing with Section 10733), and Chapter 11 (commencing with Section 10735) to Part 2.74 of Division 6 end insert of, the Water Code, relating to groundwater.

LEGISLATIVE COUNSEL’S DIGEST

AB 1739, as amended, Dickinson. Groundwater management.

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(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.

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This bill would state the policy of the state that groundwater resources be managed sustainably for long-term reliability and multiple economic, social, and 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 delete begin delete

(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 delete begin delete

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 delete begin delete

(3)

end delete

begin insert (1) end insert  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.

begin delete

This bill, with certain exceptions, would prohibit, beginning January 1, 2015, a new groundwater management plan from being adopted or an existing groundwater management plan from being renewed.

end delete begin delete

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, 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 encourage and authorize basins designated as low- or very low priority basins to be managed under groundwater sustainability plans.

end delete begin delete

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 extraction, and to impose certain fees.

end delete

This bill would begin insert provide specific authority to a groundwater sustainability agency, as defined in SB 1168 of the 2013- end insert begin insert 14 Regular Session, to impose certain fees. The bill would end insert 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.

This bill would require a groundwater sustainability agency to submit a groundwater sustainability plan to the department for review upon adoption. This bill would require the department to periodically review groundwater sustainability plans, and by June 1, 2016, would require the department begin delete , in consultation with the State Water Resources Control Board, end delete to develop certain guidelines. This bill would authorize a local agency to submit to the department for evaluation and assessment an alternative that the local agency believes satisfies the objectives of these provisions. 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 begin delete require end delete begin insert authorize end insert the department to begin delete adopt a schedule of fees to recover costs incurred end delete begin insert assess an administrative charge on groundwater sustainability agencies and the board, as specified, and would require that all charges collected by the department pursuant to these provisions be deposited in the Groundwater Sustainability Plan Administration Fund, which would be created by the bill. The bill would require that moneys in the fund be available to the department, upon appropriation, for support of the department in receiving, evaluating, assessing, and making determinations about the adequacy of the groundwater sustainability plan or alternative end insert .

This bill would authorize begin delete a groundwater sustainability agency and end delete the board to conduct inspections and would authorize begin delete a groundwater sustainability agency or end delete 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.

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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(4)

end delete

begin insert (2) end insert  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, among other things, the administration of the State Water Resource Control Board’s water rights program.

This bill would provide that the money in the Water Rights Fund is available for expenditure, upon appropriation by the Legislature, for the purpose of state board enforcement of the provisions of this bill. 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 by the board for this bill.

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.

This bill would authorize the board to issue a cease and desist order in response to a violation or threatened violation of any decision or order of the board or any extraction restriction, limitation, order, or regulation adopted or issued under the provisions of this bill.

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(5)

end delete

begin insert (3) end insert  Existing law, with certain exceptions, requires each person who diverts water after December 31, 1965, to file with the State Water Resources Control Board a prescribed statement of diversion and use. Existing law subjects a person to civil liability if that person fails to file, as required, a diversion and use statement for a diversion or use that occurs after January 1, 2009, tampers with any measuring device, or makes a material misstatement in connection with the filing of a diversion or use statement. Existing law provides that the making of any willful misstatement in connection with these provisions is a misdemeanor punishable as prescribed.

This bill would establish groundwater reporting requirements to the board or certain other entity for a person extracting groundwater in an area within a basin that is not within the management area of a groundwater sustainability agency or a probationary basin. This bill would require each report to be accompanied by a specified fee. This bill would apply the above-described criminal and civil liability provisions to a report or measuring device required by this reporting requirement. By expanding the definition of a crime, this bill would impose a state-mandated local program.

Existing law authorizes the board or the Department of Water Resources to adopt emergency regulations providing for the filing of reports of water diversion or use that are required to be filed.

This bill would authorize the board or the department to adopt emergency regulations providing for the filing of reports of water extraction.

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(6)

end delete

begin insert (4) end insert  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.

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 or interim plan by 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.

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.

This bill would also require a begin delete 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 end delete groundwater sustainability agency begin insert or an entity that submits an alternative end insert to provide the planning agency with certain information as is appropriate and relevant begin insert , end insert begin insert including a report on the anticipated effect of the proposed action on implementation of a groundwater sustainability plan end insert .

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

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(7)

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begin insert (5) end insert  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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

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.

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(8)

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begin insert (6) end insert  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.

This bill would make legislative findings to that effect.

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(7) This bill would make its operation contingent on the enactment of SB 1168 of the 2013-14 Regular Session.

end insert

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

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

SECTION 1.  

(a) The Legislature finds and declares as follows:

(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.

(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.

(3) Excessive groundwater extraction 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.

(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.

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

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

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

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

(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.

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

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

(b) It begin delete is therefore end delete begin insert is, therefore, end insert the intent of the Legislature to
do all of the following:

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

(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 an interim plan until the time the local groundwater
sustainability agency or agencies can assume management of the
basin or subbasin.

(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.

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

begin insert

(5) To recognize and preserve the authority of cities and counties
to manage groundwater pursuant to their police powers.

end insert

SEC. 2.  

Section 65350.5 is added to the Government Code, to
read:

65350.5.  

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 or interim plan 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.

SEC. 3.  

Section 65352 of the Government Code is amended
to read:

65352.  

(a)  Before a legislative body takes action 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, if 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, and if 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 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.

(9) The State Water Resources Control Board, if it has adopted
an interim plan pursuant to Chapter 11 (commencing with Section
10735) of Part 2.74 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) A California Native American begin delete tribe, end delete begin insert tribe end insert that is on the
contact list maintained by the Native American Heritage
Commission and that has traditional lands located within the city’s
or county’s jurisdiction.

(12) 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) An 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 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 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. 4.  

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 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.

begin delete

(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 delete

(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 10721 of the Water Code, begin insert or an entity that
submits an alternative under Section 10733.6 end insert shall provide the
planning agency with the following information, as is appropriate
and relevant:

(1) The current version of its groundwater sustainability plan
begin insert or alternative end insert 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 an interim plan
pursuant to Chapter 11 (commencing with Section 10735) of Part
2.74 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.

begin insert

(3) 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 delete

SEC. 5.  

Section 113 is added to the Water Code, to read:

113.  

It is the policy of the state that groundwater resources be
managed sustainably for long-term reliability and multiple
economic, social, and 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 delete

begin delete SEC. 6. end delete
begin insert SEC. 5. end insert   

Section 348 of the Water Code is amended to read:

348.  

(a) The department or the board may adopt emergency
regulations providing for the electronic filing of reports of water
extraction or water diversion or use required to be filed with the
department or board under this code, including, but not limited to,
any report required to be filed under Part 5.1 (commencing with
Section 5100) or Part 5.2 (commencing with Section 5200) of
Division 2 and any report required to be filed by a water right
permittee or licensee.

(b) Emergency regulations adopted pursuant to this section, or
any amendments thereto, shall be adopted by the department or
the board 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 is 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 regulations or amendments to
those regulations adopted under this section shall remain in effect
until revised by the department or the board that adopted the
regulations or amendments.

begin delete SEC. 7. end delete
begin insert SEC. 6. end insert   

Section 1120 of the Water Code is amended to read:

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, Chapter
11 (commencing with Section 10735) of Part 2.74 of Division 6,
Article 7 (commencing with Section 13550) of Chapter 7 of
Division 7, or the public trust doctrine.

begin delete SEC. 8. end delete
begin insert SEC. 7. end insert   

Section 1529.5 is added to the Water Code, to read:

1529.5.  

(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.

(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 purposes of Part 5.2 (commencing
with Section 5200) and 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.

begin delete SEC. 9. end delete
begin insert SEC. 8. end insert   

Section 1552 of the Water Code is amended to read:

1552.  

The money in the Water Rights Fund is available for
expenditure, upon appropriation by the Legislature, for the
following purposes:

(a) For expenditure by the State Board of Equalization in the
administration of this chapter and the Fee Collection Procedures
Law (Part 30 (commencing with Section 55001) of Division 2 of
the Revenue and Taxation Code) in connection with any fee or
expense subject to this chapter.

(b) For the payment of refunds, pursuant to Part 30 (commencing
with Section 55001) of Division 2 of the Revenue and Taxation
Code, of fees or expenses collected pursuant to this chapter.

(c) For expenditure by the board for the purposes of carrying
out this division, Division 1 (commencing with Section 100), Part
2 (commencing with Section 10500) and Chapter 11 (commencing
with Section 10735) of Part 2.74 of Division 6, and Article 7
(commencing with Section 13550) of Chapter 7 of Division 7.

(d) For expenditures by the board for the purposes of carrying
out Sections 13160 and 13160.1 in connection with activities
involving hydroelectric power projects subject to licensing by the
Federal Energy Regulatory Commission.

(e) For expenditures by the board for the purposes of carrying
out Sections 13140 and 13170 in connection with plans and policies
that address the diversion or use of water.

begin delete SEC. 10. end delete
begin insert SEC. 9. end insert   

Section 1831 of the Water Code is amended to read:

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, Chapter 11 (commencing with Section 10735) of Part
2.74 of Division 6, 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.

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

(e) This article does 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 division or Section 275.

begin delete SEC. 11. end delete
begin insert SEC. 10. end insert   

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

 

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

 

5200.  

The Legislature finds and declares that this part
establishes groundwater reporting requirements for the purposes
of subdivision (b) of Section 10724 and Chapter 11 (commencing
with Section 10735) of Part 2.74 of Division 6.

5201.  

As used in this part:

(a) “Basin” has the same meaning as defined in Section 10721.

(b) “Board-designated local area” has the same meaning as
defined in Section 5009.

(c) “De minimis extractor” has the same meaning as defined in
Section 10721.

(d) “Groundwater” has the same meaning as defined in Section
10721.

(e) “Groundwater extraction facility” has the same meaning as
defined in Section 10721.

(f) “Groundwater sustainability agency” has the same meaning
as defined in Section 10721.

(g) “Person” has the same meaning as defined in Section 10735.

begin insert

(h) “Personal information” has the same meaning as defined
in Section 1798.3 of the Civil Code.

end insert begin delete

(h)

end delete

begin insert (i) end insert  “Probationary basin” has the same meaning as defined in
Section 10735.

begin delete

(i) “Personal information” has the same meaning as defined in
Section 1798.3 of the Civil Code.

end delete

(j) “Water year” has the same meaning as defined in Section
10721.

5202.  

(a) This section applies to a person who does either of
the following:

(1) Extracts groundwater from a probationary basin 90 days or
more after the board designates the basin as a probationary basin
pursuant to Section 10735.2.

(2) Extracts groundwater on or after January 1, 2017, in an area
within a basin that is not within the management area of a
groundwater sustainability agency and where the county does not
assume responsibility to be the groundwater sustainability agency,
as provided in subdivision (b) of Section 10724.

(b) Except as provided in subdivision (c), a person subject to
this section shall file a report of groundwater extraction by
December 15 of each year for extractions made in the preceding
water year.

(c) Unless reporting is required pursuant to paragraph (2) of
subdivision (c) of Section 10735.2, this section does not apply to
any of the following:

(1) An extraction by a de minimis extractor.

(2) An extraction excluded from reporting pursuant to paragraph
(1) of subdivision (c) of Section 10735.2.

(3) An extraction reported pursuant to Part 5 (commencing with
Section 4999).

(4) An extraction that is included in annual reports filed with a
court or the board by a watermaster appointed by a court or
pursuant to statute to administer a final judgment determining
rights to water. The reports shall identify the persons who have
extracted water and give the general place of use and the quantity
of water that has been extracted from each source.

(d) Except as provided in Section 5209, the report shall be filed
with the board.

(e) The report may be filed by the person extracting water or
on that person’s behalf by an agency that person designates and
that maintains a record of the water extracted.

(f) Each report shall be accompanied by the fee imposed
pursuant to Section 1529.5.

5203.  

Each report shall be prepared on a form provided by the
board. The report shall include all of the following information:

(a) The name and address of the person who extracted
groundwater and of the person filing the report.

(b) The name of the basin from which groundwater was
extracted.

(c) The place of groundwater extraction. The location of the
groundwater extraction facilities shall be depicted on a specific
United States Geological Survey topographic map or shall be
identified using the California Coordinate System or a latitude and
longitude measurement. If assigned, the public land description to
the nearest 40-acre subdivision and the assessor’s parcel number
shall be provided.

(d) The capacity of the groundwater extraction facilities.

(e) Monthly records of groundwater extractions. The
measurements of the extractions shall be made by a methodology,
water-measuring device, or combination thereof satisfactory to the
board.

(f) The purpose of use.

(g) A general description of the area in which the water was
used. The location of the place of use shall be depicted on a specific
United States Geological Survey topographic map or on any other
maps with identifiable landmarks. If assigned, the public land
description to the nearest 40-acre subdivision and the assessor’s
parcel number shall also be provided.

(h) As near as is known, the year in which the groundwater
extraction was commenced.

(i) Any information required pursuant to paragraph (3) of
subdivision (c) of Section 10735.2.

(j) Any other information that the board may require by
regulation and that is reasonably necessary for purposes of this
division or Part 2.74 (commencing with Section 10720) of Division
6.

5204.  

(a) If a person fails to file a report as required by this
part, the board may, at the expense of that person, investigate and
determine the information required to be reported pursuant to this
part.

(b) The board shall give a person described in subdivision (a)
notice of its intention to investigate and determine the information
required to be reported pursuant to this part and 60 days in which
to file a required report without penalty.

5205.  

A report submitted under this part or a determination of
facts by the board pursuant to Section 5104 shall not establish or
constitute evidence of a right to divert or use water.

5206.  

Personal information included in a report of groundwater
extraction shall have the same protection from disclosure as is
provided for information concerning utility customers of local
agencies pursuant to Section 6254.16 of the Government Code.

5207.  

begin delete (a) end delete begin delete   end delete begin delete A prescriptive end delete begin insert A end insert right to extract groundwater that
may otherwise occur shall not arise or accrue to, and a statute of
limitations shall not operate in favor of, a person required to file
a report pursuant to this part until the person files the report.

begin delete

(b) For purposes of establishing or maintaining a water right,
failure to file a report required to be filed pursuant to this part
within six months after the report is due shall be deemed equivalent
to nonuse during the period for which the report was required.

end delete

5208.  

Section 5107 applies to a report or measuring device
required pursuant to this part. For purposes of Section 5107, a
report of groundwater extraction, measuring device, or
misstatement required, used, or made pursuant to this part shall
be considered the equivalent of a statement, measuring device, or
misstatement required, used, or made pursuant to Part 5.1
(commencing with Section 5100).

5209.  

For groundwater extractions in a board-designated local
area, reports required pursuant to this part shall be submitted to
the entity designated pursuant to subdivision (e) of Section 5009
if both of the following occur:

(a) The board determines that the requirements of subdivision
(e) of Section 5009 have been satisfied with respect to extractions
subject to reporting pursuant to this part, in addition to any
groundwater extractions subject to Part 5 (commencing with
Section 4999).

(b) The designated entity has made satisfactory arrangements
to collect and transmit to the board any fees imposed pursuant to
paragraph (2) of subdivision (b) of Section 1529.5.

begin delete

SEC. 12.  

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

 

PART 2.74.  Sustainable Groundwater
Management

 

Chapter  1. General Provisions

 

10720.  

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

10720.1.  

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.

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

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

(h) 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.

10720.3.  

(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.

10720.5.  

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 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.

10720.7.  

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.

10720.9.  

(a) Except as provided in subdivision (d), this part
does not apply to the following adjudicated areas or a local agency
that conforms to the requirements of an adjudication of water rights
for one of the following adjudicated areas:

(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.

(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.

(c) If an adjudication action has determined the rights to extract
groundwater for only a portion of a basin, subdivisions (a) and (b)
apply only within the area for which the adjudication action has
determined those rights.

(d) The watermaster or a local agency within a basin identified
in subdivision (a) shall do all of the following:

(1) By January 1, 2016, submit to the department a copy of a
governing final judgment, or other judicial order or decree, and
any amendments entered before January 1, 2016.

(2) Within 90 days of entry by a court, submit to the department
a copy of any amendment made and entered by the court to the
governing final judgment or other judicial order or decree on or
after January 1, 2016.

(3) By January 1, 2016, and annually by January 1 of each year
thereafter, submit to the department a report containing the
following information for the portion of the basin subject to the
adjudication:

(A) Groundwater elevation data.

(B) Annual aggregated data identifying groundwater extraction
for the preceding water year.

(C) Surface water supply used for or available for use for
groundwater recharge or in-lieu use.

(D) Total water use.

(E) Change in groundwater storage.

 

Chapter  2. Definitions

 

10721.  

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

(a) “Adjudication action” means an action filed in the superior
or federal district 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 minimis 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 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. Overdraft during a period
of drought is not sufficient to establish a chronic lowering of
groundwater levels 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.

(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  3. Basin Boundaries

 

10722.  

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

10722.2.  

(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.

10722.4.  

(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.

(c) Anytime the department updates Bulletin 118 boundaries
pursuant to subdivision (b) of Section 12924, the department shall
reassess the prioritization pursuant to Section 10933.

(d) Anytime the department changes the basin priorities pursuant
to Section 10933, if a basin is elevated to a medium or high priority
basin after January 1, 2015, a local agency shall have two years
from the date of reprioritization to establish a groundwater
sustainability agency pursuant to Chapter 4 (commencing with
Section 10723) and five years from the date of reprioritization to
adopt a groundwater sustainability plan pursuant to Chapter 6
(commencing with Section 10727).

 

Chapter  4. Establishing Groundwater Sustainability
Agencies

 

10723.  

(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.

10723.2.  

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)  California Native American tribes.

10723.4.  

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.

10723.6.  

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.

10723.8.  

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.

10724.  

(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 on or after January 1, 2017, 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  5. Powers and Authorities

 

10725.  

(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.

10725.2.  

(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.

10725.4.  

(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.

10725.6.  

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

10725.8.  

(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 minimis extractors.

10726.  

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.

10726.2.  

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.

10726.4.  

(a) A groundwater sustainability agency shall have
the following additional authority and may regulate groundwater
extraction 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 extractors 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, construction
of new groundwater wells, enlargement of existing groundwater
wells, or 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) This section does not authorize a groundwater sustainability
agency to issue permits for the construction, modification, or
abandonment of groundwater wells, except as authorized by a
county with authority to issue those permits.

10726.6.  

(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.

10726.8.  

(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  6. Groundwater Sustainability Plans

 

10727.  

(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.

10727.2.  

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) (A) Notwithstanding paragraph (1), at the request of the
groundwater sustainability agency, the department may grant an
extension of up to 5 years beyond the 20-year sustainability
timeframe upon a showing of good cause. The department may
grant a second extension of up to five years upon a showing of
good cause if the groundwater sustainability agency has begun
implementation of the work plan described in clause (iii) of
subparagraph (B).

(B) The department may grant an extension pursuant to this
paragraph if the groundwater sustainability agency does all of the
following:

(i) Demonstrates a need for an extension.

(ii) Has made progress toward meeting the sustainability goal
as demonstrated by its progress at achieving the milestones
identified in its groundwater sustainability plan.

(iii) Adopts a feasible work plan for meeting the sustainability
goal during the extension period.

(4) The plan may, but is not required to, address undesirable
results that occurred before, and have not been corrected by,
January 1, 2015. Notwithstanding paragraphs (1) to (3), inclusive,
a groundwater sustainability agency has discretion as to whether
to set measurable objectives and the timeframes for achieving any
objectives for undesirable results that occurred before, and have
not been corrected by, January 1, 2015.

(c) A planning and implementation horizon.

(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
extraction 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 extraction in the basin. The monitoring protocols
shall be designed to generate information that promotes efficient
and effective groundwater management.

(g) A description of the various adopted water resources-related
plans and programs within the basin and an assessment of how the
groundwater sustainability plan may affect those plans.

10727.4.  

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.

(l) Impacts on groundwater dependent ecosystems.

10727.6.  

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 and methodologies 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.

10727.8.  

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 shall
provide the written statement to the legislative body of any city,
county, or city and county located within the geographic area to
be covered by the 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.

10728.  

On the January 1 following the adoption of a
groundwater sustainability plan and annually on each January 1
thereafter, a groundwater sustainability agency shall submit a report
to the department containing the following information about the
basin managed in the groundwater sustainability plan:

(a) Groundwater elevation data.

(b) Annual aggregated data identifying groundwater extraction
for the preceding water year.

(c) Surface water supply used for or available for use for
groundwater recharge or in-lieu use.

(d) Total water use.

(e) Change in groundwater storage.

10728.2.  

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.

10728.4.  

A groundwater sustainability agency may adopt or
amend a groundwater sustainability plan after a public hearing,
held at least 90 days after providing 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.

10728.6.  

Division 13 (commencing with Section 21000) of the
Public Resources Code does not apply to the preparation and
adoption of plans pursuant to this chapter. Nothing in this part
shall be interpreted as exempting from Division 13 (commencing
with Section 21000) of the Public Resources Code a project that
would implement actions taken pursuant to a plan adopted pursuant
to this chapter or a project that would significantly affect water
supplies for fish and wildlife.

end delete

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Chapter 7 (commencing with Section 10729) is added
to Part 2.74 of Division 6 of the end insert begin insert Water Code end insert begin insert , to read: end insert

 

Chapter  7. Technical Assistance

 

10729.  

(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.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Chapter 8 (commencing with Section 10730) is added
to Part 2.74 of Division 6 of the end insert begin insert Water Code end insert begin insert , to read: end insert

 

Chapter  8. Financial Authority

 

10730.  

(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 investigations, inspections, compliance
assistance, enforcement, and program administration, including a
prudent reserve. A groundwater sustainability agency shall not
impose a fee pursuant to this subdivision on a de minimis 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 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 provided by publication pursuant to Section 6066 of the
Government Code, by posting notice on the Internet Web site of
the groundwater sustainability agency, and by mail 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 sustainability
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 begin delete collect end delete begin insert collected end insert 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.

10730.2.  

(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, and maintenance, including a
prudent reserve.

(2) Acquisition of lands or other property, facilities, and services.

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

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

(b)  Until a groundwater sustainability plan is adopted pursuant
to this part, a local agency may impose fees in accordance with
the procedures provided in this section for the purposes of Part
2.75 (commencing with Section 10750) as long as a groundwater
management plan adopted before January 1, 2015, is in effect for
the basin.

(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.

10730.4.  

A groundwater sustainability agency may fund
activities pursuant to Part 2.75 (commencing with Section 10750)
and may impose fees pursuant to Section 10730.2 to fund activities
undertaken by the agency pursuant to Part 2.75 (commencing with
Section 10750).

10730.6.  

(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.

10730.8.  

(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)  begin delete For the purposes of Section 6254.16 of the Government
Code, persons end delete begin insert Persons end insert subject to payment of fees pursuant to this
chapter begin delete are utility customers of a groundwater sustainability agency end delete
begin insert have the same protection from disclosure as is provided for
information concerning utility customers of local agencies pursuant
to Section 6254.16 of the Government Code. end insert

10731.  

(a)  Following an investigation pursuant to Section
10725.4, 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
sustainability 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 sustainability 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 20 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. Notice of the hearing shall be mailed to each
protestant at least 20 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.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Chapter 9 (commencing with Section 10732) is added
to Part 2.74 of Division 6 of the end insert begin insert Water Code end insert begin insert , to read: end insert

 

Chapter  9. Groundwater Sustainability Agency
Enforcement Powers

 

10732.  

(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 10725.2 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.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Chapter 10 (commencing with Section 10733) is
added to Part 2.74 of Division 6 of the end insert begin insert Water Code end insert begin insert , to read: end insert

 

Chapter  10. State Evaluation and Assessment

 

10733.  

(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

(c) The department shall evaluate whether a groundwater
sustainability plan adversely affects the ability of an adjacent basin
to implement their groundwater sustainability plan or impedes
achievement of sustainability goals in an adjacent basin.

end insert

10733.2.  

(a) (1) By June 1, 2016, the begin delete department, in
consultation with the board, end delete begin insert department end insert shall develop guidelines
for evaluating groundwater sustainability plans, the implementation
of groundwater sustainability plans, and coordination agreements
pursuant to this chapter.

(2) The guidelines shall identify the necessary plan components
specified in Sections 10727.2, 10727.4, and 10727.6 and other
information that will assist local agencies in developing and
implementing groundwater sustainability plans and coordination
agreements.

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

(c) By June 1, 2016, the begin delete department, in consultation with the
board, end delete begin insert department end insert shall develop guidelines for evaluating
alternatives submitted pursuant to Section 10733.6.

(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 that gives interested persons an
opportunity to be heard.

begin insert

(e) Before adopting and finalizing the guidelines, the department
shall conduct three public meetings to consider public comments.
The department shall publish the draft guidelines on its Internet
Web site at least 30 days before the public meetings. One meeting
shall be conducted at a location in northern California, one
meeting shall be conducted at a location in the central valley of
California, and one meeting shall be conducted at a location in
southern California. Upon adoption, the department shall publish
the guidelines on its Internet Web site.

end insert

begin insert

begin insert 10733.3. end insert   

The department shall post all notices it receives
pursuant to Section 10723 or 10723.8 on its Internet Web site
within 15 days of receipt.

end insert

10733.4.  

(a) Upon adoption 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 Sections 10727.2, 10727.4, and
10727.6 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.

10733.6.  

(a) If begin delete there is no groundwater sustainability plan for
a basin, but end delete a local agency believes that an alternative described
in subdivision (b) satisfies the objectives of this part, the local
agency may submit the alternative to the department for evaluation
and assessment of whether the alternative satisfies the objectives
of this part begin insert for the basin end insert .

(b) An alternative is any of the following:

(1) A plan developed pursuant to Part 2.75 (commencing with
Section 10750) or other law authorizing groundwater management.

(2) Management pursuant to an adjudication action.

(3) An analysis of basin conditions that demonstrates that the
basin has operated within its sustainable yield over a period of at
least 10 years. The submission of an alternative described by this
paragraph shall include a report prepared by a registered
professional engineer or geologist who is licensed by the state and
submitted under that engineer’s or geologist’s seal.

(c) A local agency shall submit an alternative pursuant to this
section no later than January 1, 2017, and every five years
thereafter.

(d) The assessment required by subdivision (a) shall include an
assessment of whether the alternative is within a basin that is in
compliance with Part 2.11 (commencing with Section 10920). If
the alternative is within a basin that is not in compliance with Part
2.11 (commencing with Section 10920), the department shall find
the alternative does not satisfy the objectives of this part.

10733.8.  

At least every five years after initial submission of a
plan pursuant to Section 10733.4, the begin delete department, in consultation
with the board, end delete begin insert department end insert shall review any available groundwater
sustainability begin delete plan, end delete begin insert plan or end insert alternative submitted in accordance
with Section 10733.6, 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 begin insert or alternative end insert
has been submitted in accordance with this chapter, with an
emphasis on assessing progress in achieving the sustainability goal
within the basin. The assessment may include recommended
corrective actions to address any deficiencies identified by the
department.

10734.  

(a) Consistent with Section 3 of Article XIII A of the
California Constitution, the department begin delete shall adopt a schedule of
fees to recover costs incurred in carrying out this chapter. end delete begin insert may
assess an administrative charge on groundwater sustainability
agencies for any of the following: end insert

begin delete

(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.

end delete begin insert

(1) The cost to the department for evaluating and assessing a
groundwater sustainability plan pursuant to this part.

end insert begin insert

(2) The cost to the department for evaluating and assessing an
alternative submitted pursuant to Section 10733.6.

end insert begin insert

(b) For the purposes of any evaluation, assessment, or
determination of a groundwater sustainability plan or alternative
made by the department pursuant to this chapter or Chapter 11
(commencing with Section 10735), the groundwater sustainability
plan or alternative shall not be determined to be adequate by the
department until the administration charge is received.

end insert begin insert

(c) The department may assess an administrative charge to the
board for the department’s cost of any additional assessment
requested by the board pursuant to Section 10735.2.

end insert begin insert

(d) A charge levied by the department pursuant to this section
shall be reasonably related to the costs of providing the services
described in this part.

end insert begin insert

(e) A charge collected by the department pursuant to this section
shall be deposited in the Groundwater Sustainability Plan
Administration Fund, which is hereby established in the State
Treasury. Moneys in the fund shall be available to the department,
upon appropriation by the Legislature, for support of the
department in receiving, evaluating, assessing, and making
determinations about adequacy of the groundwater sustainability
plan or the alternative.

end insert

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Chapter 11 (commencing with Section 10735) is
added to Part 2.74 of Division 6 of the end insert begin insert Water Code end insert begin insert , to read: end insert

 

Chapter  11. State Intervention

 

10735.  

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 begin insert or tribal end insert law begin insert and subject to the limitations described in
subdivisions (c) and (d) of Section 10720.3 end insert , 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 Section 10735.2.

(d) “Significant depletions of interconnected surface waters”
means reductions in flow or levels of begin delete a end delete surface water that is
hydrologically connected to the basin such that the reduced surface
water flow or begin delete level adversely affects end delete begin insert levels have a significant and
unreasonable impact on end insert beneficial uses of the surface water.

10735.2.  

(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)  A local agency has elected to be a groundwater
sustainability agency that intends to develop a groundwater
sustainability plan for the entire basin.

(B)  A 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)  A local agency has submitted an alternative that has been
approved or is pending approval pursuant to Section 10733.6. If
the department disapproves an alternative pursuant to Section
10733.6, the board shall not act under this paragraph until at least
180 days after the department disapproved the alternative.

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

(A)  A groundwater sustainability agency has adopted a
groundwater sustainability plan for the entire basin.

(B)  A collection of local agencies begin delete have end delete begin insert has end insert adopted
groundwater sustainability plans that collectively serve as a
groundwater sustainability plan for the entire basin.

(C) The department has approved an alternative pursuant to
Section 10733.6.

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

(A) The department, in consultation with the board, determines
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 board determines that 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) In making the findings associated with paragraph (3) of
subdivision (a), the department and 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
begin insert Section end insert 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.

(c) (1)   The determination may exclude a class or category of
extractions from the requirement for reporting pursuant to Part 5.2
(commencing with Section 5200) of Division 2 if those extractions
are begin insert subject to a local plan or program that adequately manages
groundwater within the portion of the basin to which that plan or
program applies, or if those extractions are end insert likely to have a
minimal impact on basin withdrawals.

(2) The determination may require reporting of a class or
category of extractions that would otherwise be exempt from
reporting pursuant to paragraph (1) of subdivision (c) of Section
5202 if those extractions are likely to have a substantial impact on
basin withdrawals or requiring reporting of those extractions is
reasonably necessary to obtain information for purposes of this
chapter.

(3) The determination may establish requirements for
information required to be included in reports of groundwater
extraction, for installation of measuring devices, or for use of a
methodology, measuring device, or both, pursuant to Part 5.2
(commencing with Section 5200) of Division 2.

(4) The determination may modify the water year or reporting
date for a report of groundwater extraction pursuant to Section
5202.

begin insert

(d) If the board finds that litigation challenging the formation
of a groundwater sustainability agency prevented its formation
before January 1, 2017, pursuant to paragraph (1) of subdivision
(a) or prevented a groundwater sustainability program from being
implemented in a manner likely to achieve the sustainability goal
pursuant to paragraph (3) of subdivision (a), the board shall not
designate a basin as a probationary basin for a period of time
equal to the delay caused by the litigation.

end insert

10735.4.  

(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 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 .

10735.6.  

(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 resulted in designating the basin a probationary basin.

10735.8.  

(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 extraction.

(2) A physical solution.

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

(d)  Except as provided in 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, in
consultation with the department, 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).

10736.  

(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.

10736.2.  

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.

10736.4.  

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.

10736.6.  

(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.

begin delete

SEC. 13.  

Section 10750.1 is added to the Water Code, to read:

10750.1.  

(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).

(c) This section does not apply to a plan submitted as an
alternative pursuant to Section 10733.6, unless the department has
not determined that the alternative satisfies the objectives of Part
2.74 (commencing with Section 10720) on or before January 31,
2020, or the department later determines that the plan does not
satisfy the objectives of that part.

SEC. 14.  

Section 10927 of the Water Code is amended to read:

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.

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

(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.

SEC. 15.  

Section 10933 of the Water Code is amended to read:

10933.  

(a)  The department shall commence to identify the
extent of monitoring of groundwater elevations that is being
undertaken within each basin and subbasin.

(b) (1) 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:

(A) The population overlying the basin or subbasin.

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

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

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

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

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

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

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

(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. These 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.

(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.

SEC. 16.  

Section 12924 of the Water Code is amended to read:

12924.  

(a) The department, in conjunction with other public
agencies, shall conduct an investigation of the state’s groundwater
basins. The department shall identify the state’s groundwater basins
on the basis of geological and hydrological conditions and
consideration of political boundary lines whenever practical. The
department shall also investigate existing general patterns of
groundwater extraction and groundwater recharge within those
basins to the extent necessary to identify basins that are subject to
critical conditions of overdraft.

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

(c) 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.

end delete

begin delete SEC. 17. end delete
begin insert SEC. 16. end 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.

begin delete SEC. 18. end delete
begin insert SEC. 17. end 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.

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.

begin delete SEC. 19. end delete
begin insert SEC. 18. end insert   

The Legislature finds and declares that Section begin delete 11 end delete
begin insert 10 end insert of this act, which adds Section 5206 to the Water Code and
Section 12 of this act, which adds Section 10730.8 to the Water
Code, impose 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.

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert This act shall only become operative if Senate Bill
1168 of the 2013 end insert begin insert -14 Regular Session is enacted and becomes
effective. end insert