Amended in Assembly August 29, 2014

Amended in Assembly August 22, 2014

Amended in Assembly August 19, 2014

Amended in Assembly August 6, 2014

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)

(Coauthor: Assembly Member Rendon)

February 20, 2014

An act to amend Sections 10927, 10933, and 12924 of, to add Sections 113 and 10750.1 to, 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.

(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.

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

(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 based on specified considerations, including any information determined to be relevant by the department.

This bill would specify that this relevant information may include adverse impacts on local habitat and local streamflows. 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 31, 2015. This bill would authorize a local agency to request that the department revise the boundaries of a basin and would require the department, by January 1, 2016, to adopt regulations on the methodology and criteria to be used to evaluate the proposed revision. 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.

(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.

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

This bill would require all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and would require all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. This bill would require a groundwater sustainability plan to be developed and implemented to meet the sustainability goal, established as prescribed, and would require the plan to include prescribed components. This bill would encourage and authorize basins designated as low- or very low priority basins to be managed under groundwater sustainability plans.

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, and to regulate groundwater extraction.

This bill would authorize a groundwater sustainability agency to conduct inspections and would authorize a groundwater sustainability agency 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.

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

This bill would provide that no reimbursement is required by this act for a specified reason.

(5) This bill would make its operation contingent on the enactment of begin insert both end insert AB 1739 begin insert and SB 1319 end insert of the 2013-14 Regular Session.

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

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

SECTION 1.  

(a) The Legislature finds and declares as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 2.  

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

113.  

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

SEC. 3.  

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

 

PART 2.74.  Sustainable Groundwater
Management

 

Chapter  1. General Provisions

 

10720.  

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

10720.1.  

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

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

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

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

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

(e) To avoid or minimize subsidence.

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

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

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

10720.3.  

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

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

(c) The federal government or any federally recognized Indian
tribe, appreciating the shared interest in assuring the sustainability
of groundwater resources, may voluntarily agree to participate in
the preparation or administration of a groundwater sustainability
plan or groundwater management plan under this part through a
joint powers authority or other agreement with local agencies in
the basin. A participating tribe shall be eligible to participate fully
in planning, financing, and management under this part, including
eligibility for grants and technical assistance, if any exercise of
regulatory authority, enforcement, or imposition and collection of
fees is pursuant to the tribe’s independent authority and not
pursuant to authority granted to a groundwater sustainability agency
under this part.

(d) In an adjudication of rights to the use of groundwater, and
in the management of a groundwater basin or subbasin by a
groundwater sustainability agency or by the board,
federally-reserved water rights to groundwater shall be respected
in full. In case of conflict between federal and state law in that
adjudication or management, federal law shall prevail. The
voluntary or involuntary participation of a holder of rights in that
adjudication or management shall not subject that holder to state
law regarding other proceedings or matters not authorized by
federal law. This subdivision is declaratory of existing law.

10720.5.  

(a) 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.

(b) Nothing in this part, or in any groundwater management
plan adopted pursuant to this part, determines or alters surface
water rights or groundwater rights under common law or any
provision of law that determines or grants surface water rights.

10720.7.  

(a) (1) By January 31, 2020, all basins designated
as high- or medium-priority basins by the department that have
been designated in Bulletin 118, as may be updated or revised on
or before January 1, 2017, as basins that are subject to critical
conditions of overdraft shall be managed under a groundwater
sustainability plan or coordinated groundwater sustainability plans
pursuant to this part.

(2) By January 31, 2022, all basins designated as high- or
medium-priority basins by the department that are not subject to
paragraph (1) shall be managed under a groundwater sustainability
plan or coordinated groundwater sustainability plans pursuant to
this part.

(b) 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. Chapter 11 (commencing with Section 10735) does not apply
to a basin designated as a low- or very low-priority basin.

10720.8.  

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

(1) Beaumont Basin.

(2) Brite Basin.

(3) Central Basin.

(4) Chino Basin.

(5) Cucamonga Basin.

(6) Cummings Basin.

(7) Goleta Basin.

(8) Lytle Basin.

(9) Main San Gabriel Basin.

(10) Mojave Basin Area.

(11) Puente Basin.

(12) Raymond Basin.

(13) Rialto-Colton Basin.

(14) Riverside Basin.

(15) San Bernardino Basin Area.

(16) San Jacinto Basin.

(17) Santa Margarita River Watershed.

(18) Santa Maria Valley Basin.

(19) Santa Paula Basin.

(20) Scott River Stream System.

(21) Seaside Basin.

(22) Six Basins.

(23) Tehachapi Basin.

(24) Upper Los Angeles River Area.

(25) Warren Valley Basin.

(26) West Coast Basin.

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

(c) Any groundwater basin or portion of a groundwater basin
in Inyo County managed pursuant to the terms of the stipulated
judgment in City of Los Angeles v. Board of Supervisors of the
County of Inyo, et al. (Inyo County Case No. 12908) shall be
treated as an adjudicated area pursuant to this section.

(d) The Los Osos Groundwater Basin at issue in Los Osos
Community Service District v. Southern California Water Company
[Golden State Water Company] et al. (San Luis Obispo County
Superior Court Case No. CV 040126) shall be treated as an
adjudicated basin pursuant to this section if the superior court
issues a final judgment, order, or decree.

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

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

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

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

(3) By April 1, 2016, and annually thereafter, submit to the
department a report containing the following information to the
extent available for the portion of the basin subject to the
adjudication:

(A) Groundwater elevation data unless otherwise submitted
pursuant to Section 10932.

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

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

(D) Total water use.

(E) Change in groundwater storage.

(F) The annual report submitted to the court.

10720.9.  

All relevant state agencies, including, but not limited
to, the board, the regional water quality control boards, the
department, and the Department of Fish and Wildlife, shall consider
the policies of this part, and any groundwater sustainability plans
adopted pursuant to this part, when revising or adopting policies,
regulations, or criteria, or when issuing orders or determinations,
where pertinent.

 

Chapter  2. Definitions

 

10721.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(q) “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.

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

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

(t) “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.

(u) “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.

(v) “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.

(w) “Undesirable result” means one or more of the following
effects caused by groundwater conditions occurring throughout
the basin:

(1) Chronic lowering of groundwater levels indicating a
significant and unreasonable depletion of supply if continued over
the planning and implementation horizon. Overdraft during a period
of drought is not sufficient to establish a chronic lowering of
groundwater levels if extractions and recharge are managed as
necessary to ensure that reductions in groundwater levels or storage
during a period of drought are offset by increases in groundwater
levels or storage during other periods.

(2) Significant and unreasonable reduction of groundwater
storage.

(3) Significant and unreasonable seawater intrusion.

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

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

(6) Surface water depletions that have significant and
unreasonable adverse impacts on beneficial uses of the surface
water.

(x) “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.

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

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

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

 

Chapter  3. Basin Boundaries

 

10722.  

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

10722.2.  

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

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

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

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

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

(b) By January 1, 2016, the department shall adopt regulations
regarding the information required to comply with subdivision (a),
including the methodology and criteria to be used to evaluate the
proposed revision. The department shall adopt the regulations,
including any amendments thereto, authorized by this section as
emergency regulations in accordance with the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code). The
adoption of these regulations is an emergency and shall be
considered by the Office of Administrative Law as necessary for
the immediate preservation of the public peace, health and safety,
or general welfare. Notwithstanding the Administrative Procedure
Act, emergency regulations adopted by the department pursuant
to this section shall not be subject to review by the Office of
Administrative Law and shall remain in effect until revised by the
department.

(c) Methodology and criteria established pursuant to subdivision
(b) shall address all of the following:

(1) How to assess the likelihood that the proposed basin can be
sustainably managed.

(2) How to assess whether the proposed basin would limit the
sustainable management of adjacent basins.

(3) How to assess whether there is a history of sustainable
management of groundwater levels in the proposed basin.

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

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

10722.4.  

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

(1) High priority.

(2) Medium priority.

(3) Low priority.

(4) Very low priority.

(b) The initial priority for each basin shall be established by the
department pursuant to Section 10933 no later than January 31,
2015.

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

(d) Anytime the department changes the basin priorities pursuant
to Section 10933, if a basin is elevated to a medium- or
high-priority basin after January 31, 2015, a local agency shall
have two years from the date of reprioritization to either establish
a groundwater sustainability agency pursuant to Chapter 4
(commencing with Section 10723) and five years from the date of
reprioritization to adopt a groundwater sustainability plan pursuant
to Chapter 6 (commencing with Section 10727) or two years to
satisfy the requirements of Section 10733.6.

 

Chapter  4. Establishing Groundwater Sustainability
Agencies

 

10723.  

(a) Except as provided in subdivision (c), any local
agency or combination of local agencies overlying a groundwater
basin may elect to be a groundwater sustainability agency for that
basin.

(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.

(c) (1) Except as provided in paragraph (2), the following
agencies created by statute to manage groundwater shall be deemed
the exclusive local agencies within their respective statutory
boundaries with powers to comply with this part:

(A) Alameda County Flood Control and Water Conservation
District, Zone 7.

(B) Alameda County Water District.

(C) Desert Water Agency.

(D) Fox Canyon Groundwater Management Agency.

(E) Honey Lake Valley Groundwater Management District.

(F) Long Valley Groundwater Management District.

(G) Mendocino City Community Services District.

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

(I) Monterey Peninsula Water Management District.

(J) Ojai Groundwater Management Agency.

(K) Orange County Water District.

(L) Pajaro Valley Water Management Agency.

(M) Santa Clara Valley Water District.

(N) Sierra Valley Water District.

(O) Willow Creek Groundwater Management Agency.

(2) An agency identified in this subdivision may elect to opt
out of being the exclusive groundwater management agency within
its statutory boundaries by sending a notice to the department,
which shall be posted pursuant to Section 10733.3. If an agency
identified in paragraph (1) elects to opt out of being the exclusive
groundwater management agency, any other local agency or
combination of local agencies operating within the statutory
boundaries of the agency that has elected to opt out may notify the
department pursuant to subdivision (d) of its election to be the
groundwater sustainability agency.

(3) A local agency listed in paragraph (1) may comply with this
part by meeting the requirements of Section 10733.6 or electing
to become a groundwater sustainability agency pursuant to this
section. A local agency with authority to implement a basin-specific
management plan pursuant to its principal act shall not exercise
any authorities granted in this part in a manner inconsistent with
any prohibitions or limitations in its principal act unless the
governing board of the local agency makes a finding that the
agency is unable to sustainably manage the basin without the
prohibited authority.

(d) A local agency or combination of local agencies that elects
to be the groundwater sustainability agency shall submit a notice
of intent to the department, which shall be posted pursuant to
Section 10733.3. The notice of intent shall include a description
of the proposed boundaries of the basin or portion of the basin that
the local agency or combination of local agencies intends to
manage pursuant to this part.

10723.2.  

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

(a) Holders of overlying groundwater rights, including:

(1) Agricultural users.

(2) Domestic well owners.

(b) Municipal well operators.

(c) Public water systems.

(d) Local land use planning agencies.

(e) Environmental users of groundwater.

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

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

(h) California Native American tribes.

(i) Disadvantaged communities, including, but not limited to,
those served by private domestic wells or small community water
systems.

(j) Entities listed in Section 10927 that are monitoring and
reporting groundwater elevations in all or a part of a groundwater
basin managed by the groundwater sustainability agency.

10723.4.  

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

10723.6.  

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

(1) A joint powers agreement.

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

(b) A water corporation regulated by the Public Utilities
Commission may participate in a groundwater sustainability agency
if the local agencies approve.

10723.8.  

(a) 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:

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

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

(3) A copy of any new bylaws, ordinances, or new authorities
adopted by the local agency.

(4) A list of interested parties developed pursuant to Section
10723.2 and an explanation of how their interests will be
considered in the development and operation of the groundwater
sustainability agency and the development and implementation of
the agency’s sustainability plan.

(b) Except as provided in subdivision (d), 90 days following
the posting of the notice pursuant to this section, the groundwater
sustainability agency shall be presumed the exclusive groundwater
sustainability agency within the area of the basin the agency is
managing as described in the notice, provided that no other notice
was submitted.

(c) A groundwater sustainability agency may withdraw from
managing a basin by notifying the department in writing of its
intent to withdraw.

(d) This section does not preclude the board from taking an
action pursuant to Section 10735.6.

(e) The department shall post all notices received under this
section in accordance with Section 10733.3.

10724.  

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

(b) A county described in subdivision (a) shall provide
notification to the department pursuant to Section 10723.8 unless
the county notifies the department that it will not be the
groundwater sustainability agency for the area. Extractions of
groundwater made on or after July 1, 2017, in that area shall be
subject to reporting in accordance with Part 5.2 (commencing with
Section 5200) of Division 2 if the county does either of the
following:

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

(2) Fails to provide notification to the department pursuant to
Section 10723.8 for an area on or before June 30, 2017.

 

Chapter  5. Powers and Authorities

 

10725.  

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

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

10725.2.  

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

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

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

10725.4.  

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

(1) To determine the need for groundwater management.

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

(3) To propose and update fees.

(4) To monitor compliance and enforcement.

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

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

10725.6.  

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

10725.8.  

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

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

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

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

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

10726.  

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

10726.2.  

A groundwater sustainability agency may do the
following:

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

(b) Appropriate and acquire surface water or groundwater and
surface water or groundwater rights, import surface water or
groundwater into the agency, and conserve and store within or
outside the agency that water for any purpose necessary or proper
to carry out the provisions of this part, including, but not limited
to, the spreading, storing, retaining, or percolating into the soil of
the waters for subsequent use or in a manner consistent with the
provisions of Section 10727.2. As part of this authority, the agency
shall not alter another person’s or agency’s existing groundwater
conjunctive use or storage program except upon a finding that the
conjunctive use or storage program interferes with implementation
of the agency’s groundwater sustainability plan.

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

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

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

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

10726.4.  

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

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

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

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

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

(b) This section does not authorize a groundwater sustainability
agency to issue permits for the construction, modification, or
abandonment of groundwater wells, except as authorized by a
county with authority to issue those permits. A groundwater
sustainability agency may request of the county, and the county
shall consider, that the county forward permit requests for the
construction of new groundwater wells, the enlarging of existing
groundwater wells, and the reactivation of abandoned groundwater
wells to the groundwater sustainability agency before permit
approval.

10726.6.  

(a) A groundwater sustainability agency that adopts
a groundwater sustainability plan may file an action to determine
the validity of the plan pursuant to Chapter 9 (commencing with
Section 860) of Title 10 of Part 2 of the Code of Civil Procedure
no sooner than 180 days following the adoption of the plan.

(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 commenced within 180 days following
the adoption of the ordinance or resolution.

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

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

10726.8.  

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

(b) Nothing in this part shall be construed as authorizing a local
agency to make a binding determination of the water rights of any
person or entity.

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

(d) Notwithstanding Section 6103 of the Government Code, a
state or local agency that extracts groundwater shall be subject to
a fee imposed under this part to the same extent as any
nongovernmental entity.

(e) Except as provided in subdivision (d), this part does not
authorize a local agency to impose any requirement 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.

(f) Nothing in a groundwater sustainability plan shall be
interpreted as superseding the land use authority of cities and
counties.

 

Chapter  6. Groundwater Sustainability Plans

 

10727.  

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

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

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

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

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

10727.2.  

A groundwater sustainability plan shall include all
of the following:

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

(1) Historical data, to the extent available.

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

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

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

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

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

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

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

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

(i) Demonstrates a need for an extension.

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

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

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

(c) A planning and implementation horizon.

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

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

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

(3) Mitigation of overdraft.

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

(5) A description of surface water supply used or available for
use for groundwater recharge or in-lieu use.

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

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

(g) A description of the consideration given to the applicable
county and city general plans and a description of the various
adopted water resources-related plans and programs within the
basin and an assessment of how the groundwater sustainability
plan may affect those plans.

10727.4.  

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

(a) Control of saline water intrusion.

(b) Wellhead protection areas and recharge areas.

(c) Migration of contaminated groundwater.

(d) A well abandonment and well destruction program.

(e) Replenishment of groundwater extractions.

(f) Activities implementing, opportunities for, and removing
impediments to, conjunctive use or underground storage.

(g) Well construction policies.

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

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

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

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

(l) Impacts on groundwater dependent ecosystems.

10727.6.  

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

(a) Groundwater elevation data.

(b) Groundwater extraction data.

(c) Surface water supply.

(d) Total water use.

(e) Change in groundwater storage.

(f) Water budget.

(g) Sustainable yield.

10727.8.  

(a) Prior to initiating the development of a
groundwater sustainability plan, the groundwater sustainability
agency shall make available to the public and the department a
written statement describing the manner in which interested parties
may participate in the development and implementation of the
groundwater sustainability plan. The groundwater sustainability
agency shall provide the written statement to the legislative body
of any city, county, or city and county located within the
geographic area to be covered by the plan. The groundwater
sustainability agency may appoint and consult with an advisory
committee consisting of interested parties for the purposes of
developing and implementing a groundwater sustainability plan.
The groundwater sustainability agency shall encourage the active
involvement of diverse social, cultural, and economic elements of
the population within the groundwater basin prior to and during
the development and implementation of the groundwater
sustainability plan.

(b) For purposes of this section, interested parties include entities
listed in Section 10927 that are monitoring and reporting
groundwater elevations in all or a part of a groundwater basin
managed by the groundwater sustainability agency.

10728.  

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

(a) Groundwater elevation data.

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

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

(d) Total water use.

(e) Change in groundwater storage.

10728.2.  

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

10728.4.  

A groundwater sustainability agency may adopt or
amend a groundwater sustainability plan after a public hearing,
held at least 90 days after providing notice to a city or county
within the area of the proposed plan or amendment. The
groundwater sustainability agency shall review and consider
comments from any city or county that receives notice pursuant
to this section and shall consult with a city or county that requests
consultation within 30 days of receipt of the notice. Nothing in
this section is intended to preclude an agency and a city or county
from otherwise consulting or commenting regarding the adoption
or amendment of a plan.

10728.6.  

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

SEC. 4.  

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

10750.1.  

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

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

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

SEC. 5.  

Section 10927 of the Water Code is amended to read:

10927.  

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

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

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

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

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

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

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

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

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

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

SEC. 6.  

Section 10933 of the Water Code is amended to read:

10933.  

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

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

(1) The population overlying the basin or subbasin.

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

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

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

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

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

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

(8) Any other information determined to be relevant by the
department, including adverse impacts on local habitat and local
streamflows.

(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. 7.  

Section 12924 of the Water Code is amended to read:

12924.  

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

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

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

SEC. 8.  

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

SEC. 9.  

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

SEC. 10.  

This act shall only become operative if begin insert both end insert Assembly
Bill 1739 begin insert and Senate Bill 1319 end insert of the 2013-14 Regular Session begin delete is end delete
begin insert are end insert enacted and begin delete becomes end delete begin insert become end insert effective.