Amended in Assembly August 4, 2014

Amended in Assembly June 17, 2014

Amended in Senate April 23, 2014

Amended in Senate April 10, 2014

Senate Bill No. 1168

Introduced by Senator Pavley

(Principal coauthor: Assembly Member Dickinson)

February 20, 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 begin delete 10927 and 10933 of, to add Sections 113 and 10750.11 to, end delete begin insert 1120, 1831, 10927, 10933, and 12924 of, to add Sections 113, 1529.5, and 10750.1 to, to add Part 5.2 (commencing with Section 5200) to Division 2 of, end insert and to add Part 2.74 (commencing with Section 10720) to Division 6 of, the Water Code, relating to groundwater.

LEGISLATIVE COUNSEL’S DIGEST

SB 1168, as amended, Pavley. 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.

end insert begin insert

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

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(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.

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

end insert begin insert

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

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

end insert begin insert

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

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

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

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

end insert begin insert

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

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

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Existing law establishes the Water Rights Fund, which consists of various fees and penalties. The moneys in the Water Rights Fund are available, upon appropriation by the Legislature, for the administration of the board’s water rights program.

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

end insert begin insert

Under existing law, a person who violates a cease and desist order of the board may be liable in an amount not to exceed $1,000 for each day in which the violation occurs. Revenue generated from these penalties is deposited in the Water Rights Fund.

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

end insert begin insert

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

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

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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.

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

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

end insert begin insert

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

end insert begin insert

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

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

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

end insert begin insert

This bill would make legislative findings to that effect.

end insert begin delete

Existing law requires the Department of Water Resources to identify the extent of monitoring of groundwater elevations that is being undertaken within each basin or subbasin and prioritize groundwater basins and subbasins.

end delete begin delete

This bill would require the department, pursuant to these provisions, to categorize each basin and subbasin as either high priority, medium priority, low priority, or very low priority. The bill would require the Department of Fish and Wildlife, in collaboration with the department, to identify those basins and subbasins where species and ecosystems are vulnerable to existing or future groundwater conditions.

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Existing law authorizes local agencies, as defined, to adopt and implement a groundwater management plan. Existing law requires a groundwater management plan to contain specified components and requires a local agency seeking state funds administered by the department for groundwater projects or groundwater quality projects to do certain things, including, but not limited to, prepare and implement a groundwater management plan that includes basin management objectives for the groundwater basin.

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This bill would prohibit a groundwater management plan from being adopted, or an existing groundwater management plan from being renewed, under these provisions, on or after January 1, 2015. The bill would instead enact the Sustainable Groundwater Management Act, and would state as the intent of the Legislature to, among other things, provide local groundwater agencies with the authority and assistance necessary to sustainably manage groundwater. The bill would authorize a local agency or agencies to form a groundwater management agency and to develop a sustainable groundwater management plan, defined as a document that describes the activities intended to be included in a groundwater management program, to be developed and adopted to encompass an entire basin or subbasin. The bill would also authorize a groundwater management agency to, among other things, establish and collect fees for the management of groundwater and establish a system for allocating groundwater. The bill would require a groundwater management agency to be formed and managed so that the interests of all beneficial uses and users of groundwater are considered and would require a sustainable groundwater management plan to meet certain criteria, including provisions relating to the monitoring and management of groundwater levels within the groundwater basin, mitigating or avoiding conditions of overdraft, and controlling saline water intrusion, if relevant.

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The bill would require, for basins and subbasins that have been identified by the department as high priority or medium priority, that a groundwater management plan be completed and submitted to the department by January 1, 2020, and be designed to achieve sustainable groundwater management within 20 years of the plan’s adoption. The bill would require the department, in consultation with the board, to establish a process for the certification of groundwater management plans that existed before January 1, 2015, if those plans substantially meet the purposes and goals of this measure.

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This bill would require the groundwater management agency to prepare and provide notice to the public of an annual report, which would include a summary of the agency’s characterization of the basin, water budget, sustainable yield, and status of the groundwater management plan development and implementation. The bill would authorize the state to take action to cause a sustainable groundwater management plan to be developed, adopted, and implemented, and would require that the state make all reasonable efforts to transfer management of a groundwater basin back to local agencies. The bill would require the department to provide technical assistance to groundwater management agencies, including developing best management practices and guidelines to assist groundwater agencies in the development and implementation of sustainable groundwater management plans and reporting on statewide groundwater basin characterization.

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The Planning and Zoning Law requires the legislative body of a city or county to adopt a general plan that consists of various elements, including a land use element, a conservation element, and an open-space element. Existing law requires, prior to action by a legislative body to adopt or substantially amend a general plan, that the planning agency refer the proposed action to specified state, local, and federal agencies.

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This bill would require that the plan also be referred to a groundwater management agency or local agency that has adopted a groundwater management plan, or the State Water Resources Control Board if it has adopted a groundwater management plan, that includes territory within the planning area of the proposed general plan. The bill would require the local agency or the State Water Resources Control Board, upon receiving notice of the proposed action to adopt or substantially amend the general plan, to provide the planning agency with certain information relating to groundwater. The bill would also require the planning agency, before adoption or substantial amendment to the general plan, to review and revise its land use, conservation, and open-space element to address groundwater management plans and any limitations on groundwater pumping imposed by a groundwater management agency. By imposing additional duties on local officials, this bill would impose a state-mandated local program.

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

end delete begin delete

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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

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begin insert SECTION 1. end insert   

end insert begin insert

(a) The Legislature finds and declares as follows:

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

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

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

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

end insert begin insert

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

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

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

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

begin insert

begin insert 65350.5. end insert   

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

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

(b) An adjudication of water rights.

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

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

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

65352.  

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

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

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

(3) The local agency formation commission.

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

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

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

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

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

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

end insert begin insert

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

end insert begin delete

(8)

end delete

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

begin delete

(9) On and after March 1, 2005, a

end delete

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

begin delete

(10)

end delete

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

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

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

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

begin insert

begin insert SEC. 4. end insert   

end insert

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

65352.5.  

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

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

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

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

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

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

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

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

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

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

(A) Agricultural users.

(B) Commercial users.

(C) Industrial users.

(D) Residential users.

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

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

begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

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

begin insert

begin insert 113. end insert   

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

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

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

1120.  

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

begin insert

begin insert SEC. 7. end insert   

end insert

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

begin insert

begin insert 1529.5. end insert   

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

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

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

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

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

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

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

1831.  

(a) When the board determines that any person is
violating, or threatening to violate, any requirement described in
subdivision (d), the board may issue an order to that person to
cease and desist from that violation.

(b) The cease and desist order shall require that person to comply
forthwith or in accordance with a time schedule set by the board.

(c) The board may issue a cease and desist order only after
notice and an opportunity for hearing pursuant to Section 1834.

(d) The board may issue a cease and desist order in response to
a violation or threatened violation of any of the following:

(1) The prohibition set forth in Section 1052 against the
unauthorized diversion or use of water subject to this division.

(2) Any term or condition of a permit, license, certification, or
registration issued under this division.

(3) Any decision or order of the board issued under this part,
Section 275, begin insert Chapter 11 (commencing with Section 10735) of Part
2.74 of Division 6, end insert or Article 7 (commencing with Section 13550)
of Chapter 7 of Division 7, in which decision or order the person
to whom the cease and desist order will be issued, or a predecessor
in interest to that person, was named as a party directly affected
by the decision or order.

(4) A regulation adopted under Section 1058.5.

begin insert

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

end insert

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

begin insert

begin insert SEC. 9. end insert   

end insert

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

begin insert

 

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

 

begin insert 5200. end insert   

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

end insert

begin insert

begin insert SEC. 10. end insert   

end insert

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

begin insert

 

PART  begin insert 2.74. end insert   Sustainable Groundwater Management

 

Chapter   begin insert 1. end insert General Provisions

 

begin insert 10720. end insert   

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

begin insert 10720.1. end insert   

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

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

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

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

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

(e) To avoid or minimize subsidence.

(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.

begin insert 10720.3. end insert   

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

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

begin insert 10720.5. end insert   

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

begin insert 10720.7. end insert   

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

begin insert 10720.9. end insert   

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

(1) Beaumont Basin.

(2) Brite Basin.

(3) Central Basin.

(4) Chino Basin.

(5) Cucamonga Basin.

(6) Cummings Basin.

(7) Goleta Basin.

(8) Main San Gabriel Basin: Puente Narrows.

(9) Mojave Basin Area.

(10) Puente Basin.

(11) Raymond Basin.

(12) San Jacinto Basin.

(13) Santa Margarita River Watershed.

(14) Santa Maria Valley Basin.

(15) Santa Paula Basin.

(16) Scott River Stream System.

(17) Seaside Basin.

(18) Six Basins.

(19) Tehachapi Basin.

(20) Upper Los Angeles River Area.

(21) Warren Valley Basin.

(22) West Coast Basin.

(23) Western San Bernardino.

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

 

Chapter   begin insert 2. end insert Definitions

 

begin insert 10721. end insert   

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Significant and unreasonable reduction of groundwater
storage.

(3) Significant seawater intrusion.

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

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

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

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

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

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

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

 

Chapter   begin insert 3. end insert Basin Boundaries

 

begin insert 10722. end insert   

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

begin insert 10722.2. end insert   

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

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

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

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

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

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

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

begin insert 10722.4. end insert   

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

(1) High priority.

(2) Medium priority.

(3) Low priority.

(4) Very low priority.

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

 

Chapter   begin insert 4. end insert Establishing Groundwater Sustainability
Agencies

 

begin insert 10723. end insert   

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

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

begin insert 10723.2. end insert   

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

(a) Holders of overlying groundwater rights, including:

(1) Agricultural users.

(2) Domestic well owners.

(b) Municipal well operators.

(c) Public water systems.

(d) Local land use planning agencies.

(e) Environmental users of groundwater.

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

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

(h) Indian tribes.

begin insert 10723.4. end insert   

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

begin insert 10723.6. end insert   

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

(a) A joint powers agreement.

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

begin insert 10723.8. end insert   

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

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

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

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

begin insert 10724. end insert   

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

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

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

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

 

Chapter   begin insert 5. end insert Powers and Authorities

 

begin insert 10725. end insert   

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

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

begin insert 10725.2. end insert   

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

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

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

begin insert 10725.4. end insert   

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

(1) To determine the need for groundwater management.

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

(3) To propose and update fees.

(4) To monitor compliance and enforcement.

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

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

begin insert 10725.6. end insert   

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

begin insert 10725.8. end insert   

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

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

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

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

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

begin insert 10726. end insert   

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

begin insert 10726.2. end insert   

A groundwater sustainability agency may do the
following:

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

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

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

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

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

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

begin insert 10726.4. end insert   

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

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

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

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

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

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

begin insert 10726.6. end insert   

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

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

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

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

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

begin insert 10726.8. end insert   

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

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

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

 

Chapter   begin insert 6. end insert Groundwater Sustainability Plans

 

begin insert 10727. end insert   

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

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

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

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

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

begin insert 10727.2. end insert   

A groundwater sustainability plan shall include all
of the following:

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

(1) Historical data, to the extent available.

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

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

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

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

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

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

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

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

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

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

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

(3) Mitigation of overdraft.

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

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

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

begin insert 10727.4. end insert   

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

(a) Control of saline water intrusion.

(b) Wellhead protection areas and recharge areas.

(c) Migration of contaminated groundwater.

(d) A well abandonment and well destruction program.

(e) Replenishment of groundwater extractions.

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

(g) Well construction policies.

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

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

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

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

begin insert 10727.6. end insert   

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

(a) Groundwater elevation data.

(b) Groundwater extraction data.

(c) Surface water supply.

(d) Total water use.

(e) Change in groundwater storage.

(f) Water budget.

(g) Sustainable yield.

begin insert 10727.8. end insert   

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

begin insert 10728. end insert   

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

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

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

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

begin insert 10728.2. end insert   

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

begin insert 10728.4. end insert   

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

 

Chapter   begin insert 7. end insert Technical Assistance

 

begin insert 10729. end insert   

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

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

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

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

 

Chapter   begin insert 8. end insert Financial Authority

 

begin insert 10730. end insert   

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

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

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

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

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

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

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

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

begin insert 10730.2. end insert   

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

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

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

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

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

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

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

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

begin insert 10730.4. end insert   

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

begin insert 10730.6. end insert   

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

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

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

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

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

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

begin insert 10730.8. end insert   

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

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

begin insert 10731. end insert   

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

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

 

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

 

begin insert 10732. end insert   

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

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

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

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

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

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

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

 

Chapter   begin insert 10. end insert State Evaluation and Assessment

 

begin insert 10733. end insert   

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

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

begin insert 10733.2. end insert   

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

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

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

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

begin insert 10733.4. end insert   

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

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

(1) The groundwater sustainability plans.

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

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

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

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

begin insert 10733.6. end insert   

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

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

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

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

begin insert 10733.8. end insert   

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

begin insert 10734. end insert   

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

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

 

Chapter   begin insert 11. end insert State Intervention

 

begin insert 10735. end insert   

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

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

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

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

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

begin insert 10735.2. end insert   

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin insert 10735.4. end insert   

(a) If the board designates a basin as a probationary
basin pursuant to paragraph (1) or (2) of subdivision (a) of Section
10735.2, a local agency or groundwater sustainability agency
shall have 180 days to remedy the deficiency. The board may
appoint a mediator or other facilitator, after consultation with
affected local agencies, to assist in resolving disputes, and
identifying and implementing actions that will remedy the
deficiency.

(b) After the 180-day period provided by subdivision (a), the
board may provide additional time to remedy the deficiency if it
finds that a local agency is making substantial progress toward
remedying the deficiency.

(c) The board may develop an interim plan pursuant to Section
10735.8 for the probationary basin at the end of the time period
provided by subdivision (a) or any extension provided pursuant
to subdivision (b), if the board, in consultation with the department,
determines that a local agency has not remedied the deficiency
that resulted in designating the basin as a probationary basin
pursuant to this section.

begin insert 10735.6. end insert   

(a) If the board designates a basin as a probationary
basin pursuant to paragraph (3) of subdivision (a) of Section
10735.2, the board shall identify the specific deficiencies and
identify potential actions to address the deficiencies. The board
may request the department to provide local agencies, within 90
days of the designation of a probationary basin, with technical
recommendations to remedy the deficiencies.

(b) The board may develop an interim plan pursuant to Section
10735.8 for the probationary basin one year after the designation
of the basin pursuant to paragraph (3) of subdivision (a) of Section
10735.2, if the board, in consultation with the department,
determines that a local agency has not remedied the deficiency
that result in designating the basin a probationary basin.

begin insert 10735.8. end insert   

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

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

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

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

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

(c) The interim plan may include the following:

(1) Restrictions on groundwater pumping or extraction.

(2) A physical solution.

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

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

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

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

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

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

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

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

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

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

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

begin insert 10736. end insert   

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

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

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

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

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

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

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

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

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

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

begin insert 10736.2. end insert   

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

begin insert 10736.4. end insert   

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

begin insert 10736.6. end insert   

(a) The board may order a person that extracts or
uses water from a basin that is subject to an investigation or
proceeding under this chapter to prepare and submit to the board
any technical or monitoring program reports related to that
person’s or entity’s extraction or use of water as the board may
specify. The costs incurred by the person in the preparation of
those reports shall bear a reasonable relationship to the need for
the report and the benefit to be obtained from the report. If the
preparation of individual reports would result in a duplication of
effort, or if the reports are necessary to evaluate the cumulative
effect of several diversions or uses of water, the board may order
any person subject to this subdivision to pay a reasonable share
of the cost of preparing reports.

(b) (1) An order issued pursuant to this section shall be served
by personal service or registered mail on the party to submit
technical or monitoring program reports or to pay a share of the
costs of preparing reports. Unless the board issues the order after
a hearing, the order shall inform the party of the right to request
a hearing within 30 days after the party has been served. If the
party does not request a hearing within that 30-day period, the
order shall take effect as issued. If the party requests a hearing
within that 30-day period, the board may adopt a decision and
order after conducting a hearing.

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

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

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

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

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

begin insert

begin insert 10750.1. end insert   

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

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

end insert

begin insert

begin insert SEC. 12. end insert   

end insert

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

10927.  

Any of the following entities may assume responsibility
for monitoring and reporting groundwater elevations in all or a
part of a basin or subbasin in accordance with this part:

(a) A watermaster or water management engineer appointed by
a court or pursuant to statute to administer a final judgment
determining rights to groundwater.

(b) (1) A groundwater management agency with statutory
authority to manage groundwater pursuant to its principal act that
is monitoring groundwater elevations in all or a part of a
groundwater basin or subbasin on or before January 1, 2010.

(2) A water replenishment district established pursuant to
Division 18 (commencing with Section 60000). This part does not
expand or otherwise affect the authority of a water replenishment
district relating to monitoring groundwater elevations.

begin insert

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

end insert

(c) A local agency that is managing all or part of a groundwater
basin or subbasin pursuant to Part 2.75 (commencing with Section
10750) and that was monitoring groundwater elevations in all or
a part of a groundwater basin or subbasin on or before January 1,
2010, or a local agency or county that is managing all or part of a
groundwater basin or subbasin pursuant to any other legally
enforceable groundwater management plan with provisions that
are substantively similar to those described in that part and that
was monitoring groundwater elevations in all or a part of a
groundwater basin or subbasin on or before January 1, 2010.

(d) A local agency that is managing all or part of a groundwater
basin or subbasin pursuant to an integrated regional water
management plan prepared pursuant to Part 2.2 (commencing with
Section 10530) that includes a groundwater management
component that complies with the requirements of Section 10753.7.

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

(f) A county that is not managing all or a part of a groundwater
basin or subbasin pursuant to a legally enforceable groundwater
management plan with provisions that are substantively similar to
those described in Part 2.75 (commencing with Section 10750).

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

begin insert

begin insert SEC. 13. end insert   

end insert

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

10933.  

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

(b)  begin insert (1) end insert begin insert   end insert The department shall prioritize groundwater basins and
subbasins for the purpose of implementing this section. In
prioritizing the basins and subbasins, the department shall, to the
extent data are available, consider all of the following:

begin delete

(1)

end delete

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

begin delete

(2)

end delete

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

begin delete

(3)

end delete

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

begin delete

(4)

end delete

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

begin delete

(5)

end delete

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

begin delete

(6)

end delete

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

begin delete

(7)

end delete

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

begin delete

(8)

end delete

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

begin insert

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

end insert

(c) If the department determines that all or part of a basin or
subbasin is not being monitored pursuant to this part, the
department shall do all of the following:

(1) Attempt to contact all well owners within the area not being
monitored.

(2) Determine if there is an interest in establishing any of the
following:

(A) A groundwater management plan pursuant to Part 2.75
(commencing with Section 10750).

(B) An integrated regional water management plan pursuant to
Part 2.2 (commencing with Section 10530) that includes a
groundwater management component that complies with the
requirements of Section 10753.7.

(C) A voluntary groundwater monitoring association pursuant
to Section 10935.

(d) If the department determines that there is sufficient interest
in establishing a plan or association described in paragraph (2) of
subdivision (c), or if the county agrees to perform the groundwater
monitoring functions in accordance with this part, the department
shall work cooperatively with the interested parties to comply with
the requirements of this part within two years.

(e) If the department determines, with regard to a basin or
subbasin, that there is insufficient interest in establishing a plan
or association described in paragraph (2) of subdivision (c), and
if the county decides not to perform the groundwater monitoring
and reporting functions of this part, the department shall do all of
the following:

(1) Identify any existing monitoring wells that overlie the basin
or subbasin that are owned or operated by the department or any
other state or federal agency.

(2) Determine whether the monitoring wells identified pursuant
to paragraph (1) provide sufficient information to demonstrate
seasonal and long-term trends in groundwater elevations.

(3) If the department determines that the monitoring wells
identified pursuant to paragraph (1) provide sufficient information
to demonstrate seasonal and long-term trends in groundwater
elevations, the department shall not perform groundwater
monitoring functions pursuant to Section 10933.5.

(4) If the department determines that the monitoring wells
identified pursuant to paragraph (1) provide insufficient
information to demonstrate seasonal and long-term trends in
groundwater elevations, the department shall perform groundwater
monitoring functions pursuant to Section 10933.5.

begin insert

begin insert SEC. 14. end insert   

end insert

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

12924.  

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

begin insert

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

end insert begin delete

(b)

end delete

begin insert (c) end insert  The department shall report its findings to the Governor and
the Legislature not later than January 1, 2012, and thereafter in
years ending in 5 or 0.

begin insert

begin insert SEC. 15. end insert   

end insert begin insert

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

end insert

begin insert

begin insert SEC. 16. end insert   

end insert begin insert

No reimbursement is required by this act pursuant
to Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert begin insert

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

end insert

begin insert

begin insert SEC. 17. end insert   

end insert begin insert

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

end insert begin insert

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

end insert

begin delete

SECTION 1.  

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

(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.

(b) It is therefore 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 a sustainable groundwater management plan until the
time the local groundwater management 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.

SEC. 2.  

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

65350.5.  

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

(a) Any adoption of, or update to, a groundwater management
plan by a groundwater management agency or local agency
pursuant to Part 2.74 (commencing with Section 10720) or Part
2.75 (commencing with Section 10750) of the Water Code or other
provisions of law or a court order, judgment, or decree, or the State
Water Resources Control Board if it has adopted a groundwater
management plan pursuant to Section 10747.

(b) Any limitation on pumping of groundwater by a local
groundwater management agency.

(c) An adjudication of water rights.

SEC. 3.  

Section 65352 of the Government Code is amended
to read:

65352.  

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

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

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

(3) The local agency formation commission.

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

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

(6) (A) The branches of the United States Armed Forces that
have provided the Office of Planning and Research with a
California mailing address pursuant to subdivision (d) of Section
65944 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) A groundwater management agency or local agency that has
adopted a groundwater management plan or sustainable
groundwater management plan, or that otherwise manages
groundwater pursuant to other provisions of law or a court order,
judgment, or decree, or the State Water Resources Control Board
if it has adopted a groundwater management plan pursuant to
Section 10747 of the Water Code, that includes territory within
the planning area of the proposed general plan.

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

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

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

(b) An entity that receives 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 agencies and California’s land use
approval agencies to ensure that proper water supply planning
occurs to accommodate projects that will result in increased
demands on water supplies.

(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.

(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.

(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 local agency that has adopted a
groundwater management plan, or that otherwise manages
groundwater pursuant to other provisions of law or a court order,
judgment, or decree, or the State Water Resources Control Board
if it has adopted a groundwater management plan pursuant to
Section 10747 of the Water Code, shall provide the planning
agency with maps of recharge basins, percolation ponds, and any
other information that is appropriate and relevant.

SEC. 5.  

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

113.  

(a) It is the policy of the state that groundwater resources
be managed sustainably.

(b) Sustainable groundwater management mean the management
of a groundwater basin to provide for multiple long-term benefits
without resulting in or aggravating conditions that cause significant
economic, social, or environmental impacts such as long-term
overdraft, land subsidence, ecosystem degradation, depletions from
surface water bodies, and water quality degradation, in order to
protect the resource for future generations.

SEC. 6.  

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 may be known, and may be cited, as the
Sustainable Groundwater Management Act.

10721.  

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 provide local groundwater agencies with the authority
and assistance necessary to sustainably manage groundwater.

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

10722.  

This part applies to all groundwater basins in the state.

 

Chapter  2. Definitions

 

10725.  

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

(a) “Groundwater” means all 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.

(b) “Groundwater basin” means any basin or subbasin identified
in the department’s Bulletin No. 118, dated September 1975, and
any amendments to that bulletin.

(c) “Groundwater extraction facility” means a device or method
for the extraction of groundwater within a groundwater basin.

(d) “Groundwater management agency” means one or more
local agencies formed to develop and implement the provisions of
this part.

(e) “Groundwater recharge” means the augmentation of
groundwater, by natural or artificial means, with surface water or
recycled water.

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

(g) “Overdraft” means the condition of the groundwater basin
where the average annual amount of water extracted exceeds the
average annual supply of water to groundwater.

(h) “Recharge area” means the area that supplies water to an
aquifer in a groundwater basin and includes multiple wellhead
protection areas.

(i) “Sustainable groundwater management” means the
management of a groundwater basin to provide for multiple
long-term benefits without resulting in or aggravating conditions
that cause significant economic, social, or environmental impacts
such as long-term overdraft, land subsidence, ecosystem
degradation, depletions from surface water bodies, and water
quality degradation, in order to protect the resource for present
and future generations.

(j) “Sustainable groundwater management plan” or “plan” means
a document that describes the activities intended to be included in
a groundwater management program.

(k) “Sustainable groundwater management program” or
“program” means a coordinated and ongoing activity undertaken
for the benefit of a groundwater basin, or a portion of a
groundwater basin, pursuant to a groundwater management plan
adopted pursuant to this part.

(l) “Sustainable yield” means the average annual quantity of
groundwater that can be withdrawn over a specified planning
timeframe from a groundwater basin without resulting in or
aggravating conditions of sustainable groundwater management.

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

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

(o) “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  2.5. Basin and Subbasin Priority

 

10726.  

(a) Pursuant to Section 10933, the department shall
categorize each basin and subbasin as one of the following
priorities:

(1) High priority.

(2) Medium priority.

(3) Low priority.

(4) Very low priority.

(b) (1) No later than January 1, 2018, the Department of Fish
and Wildlife, in collaboration with the department, shall identify
those basins and subbasins where species and ecosystems are
vulnerable to existing or future groundwater conditions.

(2) The department shall revise the priorities for those basins
and subbasins identified in paragraph (1) as appropriate.

 

Chapter  3. Groundwater management Agency Formation

 

10730.  

It is the intent of the Legislature that the groundwater
subbasin, or basin when no subbasin is defined, as identified by
Bulletin 118, is the most appropriate geographic boundary for
groundwater management.

10730.1.  

Any local agency or combination of local agencies
may establish a groundwater management agency.

10730.2.  

Before establishing a groundwater management
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 subbasin
or basin to discuss requirements of this part.

10730.3.  

The groundwater management agency shall be formed
and managed to provide that the interests of all beneficial uses and
users of groundwater, as well as those responsible for implementing
sustainable groundwater management plans, are appropriately
considered. 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) Local land use planning agencies.

(d) Environmental users of groundwater.

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

(f) ____.

10730.4.  

The groundwater management 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.

10730.5.  

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

(a) A joint powers agreement.

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

10730.6.  

(a) A local agency may request a change to the
boundaries of a groundwater basin or subbasin to the department
in order to form groundwater management agencies.

(b) The department shall establish procedures and standards for
local agencies and groundwater management agencies regarding
the determination and modification of basin and subbasin
boundaries for the implementation of this part.

10730.7.  

A groundwater management agency shall inform the
state board of the formation of the groundwater management
agency and its intent to undertake sustainable groundwater
management. The notification shall include the following
information:

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

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

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

 

Chapter  4. Sustainable Groundwater Management
Plans

 

10735.  

(a) A sustainable groundwater management plan shall
be developed by a groundwater management agency to meet the
requirements of this part.

(b) A sustainable groundwater management plan shall
encompass an entire basin or subbasin. If more than one
groundwater management agency is managing within a basin or
subbasin, the agencies shall jointly develop a plan to ensure all
agencies are coordinated and a common set of objectives to address
the management of the basin or subbasin are in place.

(c) A sustainable groundwater management plan shall describe
how the groundwater management agency will achieve sustainable
groundwater management in the basin or subbasin within the
following timeframes:

(1) For basins and subbasins identified by the department as
high and medium priority, a sustainable groundwater management
plan shall be completed and submitted to the department by January
1, 2020. The plan shall be designed to achieve sustainable
groundwater management within 20 years of the plan’s adoption,
with progress reports submitted to the department and the board
every five years.

(2) For basins and subbasins identified by the department as
low or very low priority, sustainable groundwater management
plans may be submitted to the department.

(d) The department, in consultation with the board, shall
establish the minimum standards for development of sustainable
groundwater management plans, which shall include:

(1) An identification of the geographic boundaries, physical
characteristics of the basin, and mapping of those features that
affect groundwater management.

(2) Identification of physical interactions of impacts across
subbasin boundaries.

(3) A water budget and sustainable yield of the subbasin.

(4) Data identifying the extent of the impacts and measurable
objectives to reduce the impacts associated with long-term
overdraft, water quality, subsidence, surface water flows, and
groundwater dependent ecosystems in the subbasin.

(5) Interim milestones and final targets with measurable
objectives that demonstrate progress toward achieving sustainable
groundwater management.

(6) Descriptions of management objectives to achieve
sustainability in the groundwater basin or subbasin, including
monitoring and management actions.

(e) The department, in consultation with the board, shall
establish a process to certify a groundwater management plan
which was in place before January 1, 2015, and has been
established by local agencies or through adjudication, if the plan
substantially meets the purposes and goals of this part. The
department in consultation with the board, shall identify
amendments or additions necessary to certify a groundwater
management plan which was in place before January 1, 2015,
under this subdivision wherever feasible. Final certification shall
be provided by the board.

10736.  

Before initiating the plan development, a groundwater
management agency preparing a groundwater management plan
shall convene a scoping session of all interested parties, including,
but not limited to, those described in Section 10730.3.

10737.  

(a) A local agency shall do the following to meet this
part:

(1) Prepare and implement a sustainable groundwater
management plan that includes basin management objectives for
the groundwater basin that is subject to the plan. The plan shall
include components relating to the monitoring and management
of groundwater levels within the groundwater basin, groundwater
quality degradation, inelastic land surface subsidence, changes in
surface flow and surface water quality that directly affect
groundwater levels or quality or are caused by groundwater
pumping in the basin, and a description of how recharge areas
identified in the plan substantially contribute to the replenishment
of the groundwater basin. For purposes of implementing this
paragraph, all of the following shall apply:

(A) The local agency shall prepare a plan to work cooperatively
with other public entities whose service area or boundary overlies
the groundwater basin.

(B) The local agency shall prepare a map that details the area
of the groundwater basin, as defined in the department’s Bulletin
No. 118, and the area of the local agency, that will be subject to
the plan, as well as the boundaries of other local agencies that
overlie the basin in which the agency is developing a groundwater
management plan.

(C) The groundwater management plan shall include a map
identifying the recharge areas for the groundwater basin. The local
agency shall provide the map to the appropriate local planning
agencies after adoption of the groundwater management plan and
shall notify the department and all persons on the list established
and maintained pursuant to Section 10730.4. For purposes of this
subparagraph, “map identifying the recharge areas” means a map
that identifies, or maps that identify, the current recharge areas
that substantially contribute to the replenishment of the
groundwater basin.

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

(b) Upon the adoption of a groundwater management plan in
accordance with this part, the local agency shall submit a copy of
the plan to the department, in an electronic format approved by
the department, if practicable. The department shall make available
to the public copies of the plan received pursuant to this part.

10738.  

In addition to the elements required under Section
10737, a sustainable groundwater management plan shall include
provisions for the following components. If one or more elements
are not relevant to the specific basin or subbasin, the plan shall
explain why that element is unnecessary.

(a) Controlling of saline water intrusion.

(b) Identifying and managing wellhead protection areas and
recharge areas.

(c) Regulating the migration of contaminated groundwater.

(d) Administering a well abandonment and well destruction
program.

(e) Mitigating or avoiding conditions of overdraft.

(f) Replenishing groundwater extracted by water producers.

(g) Regulating groundwater extractions.

(h) Monitoring and reporting, including, but not limited to,
reasonable requirements for monitoring and reporting by persons
or entities that extract groundwater or divert water to underground
storage, of groundwater extractions, levels, and storage.

(i) Facilitating conjunctive use operations.

(j) Establishing well construction policies.

(k) Constructing and operating by the local agency of
groundwater contamination cleanup, recharge, storage,
conservation, water recycling, and extraction projects.

(l) Developing relationships with state and federal regulatory
agencies.

(m) Reviewing land use plans and coordination with land use
planning agencies to assess activities that create a reasonable risk
of groundwater contamination.

(n) Establishing and implementing a dispute resolution
processes.

10739.  

Upon adoption of a plan, a copy of the plan shall be
provided to the following:

(a) _____.

 

Chapter  5. Groundwater Management Agency Powers
and Authorities

 

10740.  

In addition to other powers granted by law, a
groundwater management agency that meets the requirements of
Chapter 3 (commencing with Section 10730) may do all of the
following:

(a) Develop a sustainable groundwater plan pursuant to this
part.

(b) Establish a program for the monitoring, measuring, and
reporting on groundwater conditions.

(c) Require reports on groundwater extraction.

(d) Establish a system for allocating groundwater based on
sustainable yield of the basin and manage pumping with public
notice and sound technical studies.

(e) Establish and collect fees for the management of
groundwater.

(f) Establish a system for the approval of local voluntary
transfers within a basin or subbasin.

10741.  

Commencing January 1, 2018, the groundwater
management agency shall prepare an annual report and provide
public notice of the annual report. The report shall include a
summary of the agency’s characterization of the basin, water
budget, sustainable yield, and status of the groundwater
management plan development or implementation, and associated
data.

 

Chapter  6. Technical Assistance

 

10742.  

The department shall provide technical assistance to
groundwater management agencies and develop and manage
statewide groundwater information. This shall include, but is not
limited to, the following:

(a) Developing of best management practices and guidelines to
assist groundwater agencies in the development and
implementation of sustainable groundwater management plans.

(b) Reporting on statewide groundwater basin characterization.

(c) Initiating a subsidence monitoring and assessment program
in coordination with the United States Geological Survey.

 

Chapter  7. Enforcement

 

10745.  

If, by January 1, 2018, a local agency or agencies has
not initiated a sustainable groundwater management plan for a
groundwater basin that the department has determined is a high-
or medium-priority basin pursuant to Section 10726, the department
shall:

(a) Contact those local agencies that are authorized by law to
provide water service or whose land use jurisdiction overlays the
groundwater basin and offer to assist in the establishment of a local
groundwater management agency.

(b) If, within 60 days of the department’s initial notice pursuant
to subdivision (a), a local agency or agencies has not agreed to
establish a local groundwater management agency, the department
shall refer the matter to the board, indicating the priority the
department gives to the establishment of sustainable groundwater
management of the subbasin.

10746.  

(a) Each groundwater agency that is required to
complete a groundwater management plan pursuant to paragraph
(1) of subdivision (c) of Section 10735 shall submit the plan to the
department for review by January 1, 2020, and shall a submit
progress report every 5 years thereafter.

(b) Upon receipt of the plan on or before January 1, 2020, or
the progress report, the department shall provide a selected review
and analysis of the sustainable groundwater management plan, or
progress report, and shall submit a report of compliance to the
state board.

10747.  

(a) The board, after written notice and public hearing,
may initiate a process to have a qualified third party develop a
groundwater management plan for the basin or subbasin, including
monitoring and reporting, restrictions on groundwater extraction,
and the collection of fees, for a groundwater basin based on either
of the following:

(1) The groundwater basin has been identified as a high- or
medium-priority basin by the department and a local agency has
not initiated the development of a sustainable groundwater
management plan on or before January 1, 2018.

(2) The groundwater basin has been identified as a high- or
medium-priority basin by the department and the board finds that
the sustainable groundwater management plan submitted on or
before January 1, 2020, fails to meet the standards and requirements
of this part.

(b) The board may adopt and enforce the sustainable
groundwater management plan developed pursuant to subdivision
(a).

10748.  

The board, after written notice and public hearing, may
initiate enforcement of a sustainable groundwater management
plan adopted by the groundwater management agency, including
monitoring and reporting, restrictions on groundwater extraction,
and the collection of fees, for a groundwater basin if the
groundwater basin has been identified as a high- or
medium-priority basin by the department and the groundwater
management agency has not made progress to meet its five-year
milestone and measurable objectives identified in its plan.

10749.  

Before adoption or enforcement of a sustainable
groundwater management plan pursuant to Section 10747 or 10748,
respectively, the board shall identify the measures necessary to
bring the plan or the plan’s implementation into compliance with
this part and allow the groundwater management agency to correct
the deficiencies within a reasonable period of time. The department
shall provide technical assistance as needed for this purpose.

10749.5.  

The board, in consultation with the department, shall
make all reasonable efforts to transfer management of a
groundwater basin back to local agencies in compliance with this
part at the earliest feasible date.

SEC. 7.  

Section 10750.11 is added to the Water Code, to read:

10750.11.  

Commencing January 1, 2015, a new plan shall not
be adopted and an existing plan shall not be renewed pursuant to
this part. A plan adopted before January 1, 2015, shall remain in
effect until a sustainable groundwater management plan is adopted
pursuant to Part 2.74 (commencing with Section 10720).

SEC. 8.  

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 management 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. 9.  

Section 10933 of the Water Code is amended to read:

10933.  

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

(b) The department shall prioritize groundwater basins and
subbasins for the purpose of implementing this section and Part
2.74 (commencing with Section 10720). The department shall
review available groundwater data and update the groundwater
basins and subbasins in 2020 and every five years thereafter. In
prioritizing the basins and subbasins, the department shall, to the
extent data are available, consider all of the following:

(1) The population overlying the basin or subbasin.

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

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

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

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

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

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

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

(c) If the department determines that all or part of a basin or
subbasin is not being monitored pursuant to this part, the
department shall do all of the following:

(1) Attempt to contact all well owners within the area not being
monitored.

(2) Determine if there is an interest in establishing any of the
following:

(A) A groundwater management plan pursuant to Part 2.75
(commencing with Section 10750).

(B) An integrated regional water management plan pursuant to
Part 2.2 (commencing with Section 10530) that includes a
groundwater management component that complies with the
requirements of Section 10753.7.

(C) A voluntary groundwater monitoring association pursuant
to Section 10935.

(d) If the department determines that there is sufficient interest
in establishing a plan or association described in paragraph (2) of
subdivision (c), or if the county agrees to perform the groundwater
monitoring functions in accordance with this part, the department
shall work cooperatively with the interested parties to comply with
the requirements of this part within two years.

(e) If the department determines, with regard to a basin or
subbasin, that there is insufficient interest in establishing a plan
or association described in paragraph (2) of subdivision (c), and
if the county decides not to perform the groundwater monitoring
and reporting functions of this part, the department shall do all of
the following:

(1) Identify any existing monitoring wells that overlie the basin
or subbasin that are owned or operated by the department or any
other state or federal agency.

(2) Determine whether the monitoring wells identified pursuant
to paragraph (1) provide sufficient information to demonstrate
seasonal and long-term trends in groundwater elevations.

(3) If the department determines that the monitoring wells
identified pursuant to paragraph (1) provide sufficient information
to demonstrate seasonal and long-term trends in groundwater
elevations, the department shall not perform groundwater
monitoring functions pursuant to Section 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. 10.  

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

end delete