Amended in Assembly April 14, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 617

Introduced by Assembly Member Perea

February 24, 2015

An act to amend begin delete Section 10723.6 of end delete begin insert Sections end insert begin insert 10720.5, end insert begin insert 10721, 10723.6, end insert begin insert 10726.8, end insert begin insert 10727.4, 10727.6, end insert begin insert 10728.6, end insert begin insert end insert begin insert 10733.4, end insert begin insert 10735, and 10735.2 of, and to add Section 10726.5 to, end insert the Water Code, relating to water.

LEGISLATIVE COUNSEL’S DIGEST

AB 617, as amended, Perea. Groundwater.

Existing law, the Sustainable Groundwater Management Act, requires 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 requires 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. begin delete Existing law end delete begin insert The act end insert authorizes a combination of local agencies to form a groundwater sustainability agency by a joint powers agreement, memorandum of agreement, or other legal agreement, and authorizes a water corporation regulated by the Public Utilities Commission to participate.

This bill would authorize a combination of one or more local agencies and one or more mutual water companies to enter into an agreement to form a groundwater sustainability agency and would authorize a groundwater sustainability agency formed by a joint powers agreement to exercise the powers granted in the act. begin insert end insert begin insert This bill would define “in-lieu use” for the purposes of the act. end insert

begin insert end insert begin insert

The act grants certain powers to groundwater sustainability agencies.

end insert begin insert

This bill would, in addition to any other authorities granted to a groundwater sustainability agency, authorize a groundwater sustainability agency to enter into agreements and funding with private parties that assist in or facilitate the implementation of groundwater sustainability plans or elements of a groundwater sustainability plan.

end insert begin insert

The act, with a specified exception, does not authorize a local agency to impose any requirement on the state or any agency, department, or officer of the state.

end insert begin insert

This bill would require state agencies to comply with a groundwater sustainability plan adopted by a groundwater sustainability agency unless otherwise directed or authorized by statute. This bill would require a state agency to indicate to a groundwater sustainability agency in writing its authority for not complying with a groundwater sustainability plan.

end insert begin insert

The act authorizes the State Water Resources Control Board to designate a basin as a probationary basin if the board makes a certain determination. The act authorizes 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. The act prohibits the board from designating a basin as a probationary basin for a period of time equal to a delay caused by certain litigation.

end insert begin insert

This bill, if a groundwater sustainability agency or local agency proposing to be a groundwater sustainability agency provides evidence to the board that the agency was unable to meet any deadline or other requirement established by the act due to litigation brought by another party, would prohibit the board from designating a basin as a probationary basin for a period of time equal to the delay caused by litigation plus a reasonable additional period of time to allow the agency to comply with the act.

end insert begin insert

The act requires the board to exclude from probationary status any portion of a basin for which a groundwater sustainability agency demonstrates compliance with the sustainability goal.

end insert begin insert

This bill would require the board to exclude from probationary status any portion of a basin for which a groundwater sustainability agency has adopted and is implementing a groundwater sustainability plan.

end insert

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 10720.5 of the end insert begin insert Water Code end insert begin insert is amended
to read: end insert

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 begin delete part, whichever
is sooner, end delete begin insert part or any action to control groundwater extractions
taken pursuant to paragraph (2) of subdivision (a) of Section
10726.4, end insert may be used as evidence of, or to establish or defend
against, any claim begin delete of prescription. end delete begin insert to the use of groundwater. end insert

(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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 10721 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

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.

begin insert

(m) “In-lieu use” means the use of surface water by persons
that could otherwise extract groundwater in order to leave
groundwater in the basin.

end insert begin delete

(m)

end delete

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

begin delete

(n)

end delete

begin insert ( end insert begin insert o) end insert  “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.

begin delete

(o)

end delete

begin insert ( end insert begin insert p) end insert  “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.

begin delete

(p)

end delete

begin insert ( end insert begin insert q) end insert  “Personal information” has the same meaning as defined in
Section 1798.3 of the Civil Code.

begin delete

(q)

end delete

begin insert ( end insert begin insert r) end insert  “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.

begin delete

(r)

end delete

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

begin delete

(s)

end delete

begin insert ( end insert begin insert t) end insert  “Recharge area” means the area that supplies water to an
aquifer in a groundwater basin.

begin delete

(t)

end delete

begin insert ( end insert begin insert u) end insert  “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.

begin delete

(u)

end delete

begin insert ( end insert begin insert v) end insert  “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.

begin delete

(v)

end delete

begin insert ( end insert begin insert w) end insert  “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.

begin delete

(w)

end delete

begin insert ( end insert begin insert x) end insert  “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 begin insert groundwater end insert 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) Depletions of interconnected surface water that have
significant and unreasonable adverse impacts on beneficial uses
of the surface water.

begin delete

(x)

end delete

begin insert ( end insert begin insert y) end insert  “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.

begin delete

(y)

end delete

begin insert ( end insert begin insert z) end insert  “Watermaster” means a watermaster appointed by a court
or pursuant to other law.

begin delete

(z)

end delete

begin insert (aa) end insert  “Water year” means the period from October 1 through
the following September 30, inclusive.

begin delete

(aa)

end delete

begin insert (a end insert begin insert b) end insert  “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.

begin delete SECTION 1. end delete
begin insert SEC. 3. end insert   

Section 10723.6 of the Water Code is amended to read:

10723.6.  

(a) A combination of local agencies or a combination
of one or more local agencies and one or more mutual water
companies may form a groundwater sustainability agency by using
any of the following methods:

(1) A joint powers agreement, pursuant to the Joint Exercise of
Powers Act (Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1 of the Government Code), which may include
a mutual water company pursuant to Section 6525 of the
Government Code.

(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 other parties in the groundwater sustainability agency
approve.

(c) A groundwater sustainability agency formed pursuant to a
joint powers agreement may exercise all of the powers granted
pursuant to this part. The signatories to a joint powers agreement
forming a groundwater sustainability agency are deemed to hold
the powers granted to a groundwater sustainability agency pursuant
to this part in common in order for the groundwater sustainability
agency to exercise those powers.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 10726.5 is added to the end insert begin insert Water Code end insert begin insert , to read: end insert

begin insert

begin insert 10726.5. end insert   

In addition to any other authority granted to a
groundwater sustainability agency by this part or other law, a
groundwater sustainability agency may enter into agreements and
funding with a private party to assist in, or facilitate the
implementation of, a groundwater sustainability plan or any
elements of the plan.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 10726.8 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

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.

begin delete

(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.

end delete begin insert

(e) A state agency shall comply with a groundwater
sustainability plan adopted by a groundwater sustainability agency
pursuant to this part unless otherwise directed or authorized by
statute. A state agency shall indicate to the groundwater
sustainability agency in writing the authority for not complying
with the groundwater sustainability plan.

end insert

(f) Nothing in this chapter or a groundwater sustainability plan
shall be interpreted as superseding the land use authority of cities
and counties, including the city or county general plan, within the
overlying basin.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 10727.4 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

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,
begin insert groundwater end insert 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.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 10727.6 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

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
begin delete coordinate with other agencies preparing a groundwater
sustainability plan within the basin to ensure that the plans utilize
the same end delete begin insert describe in their coordination agreement the manner in
which the plans will utilize consistent end insert data and methodologies for
the following assumptions in developing the begin delete plan: end delete begin insert plans: end insert

(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

begin insert SEC. 8. end insert   

end insert

begin insert Section 10728.6 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

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. begin insert The formation of or
election to become a groundwater sustainability agency is not
subject to the requirements of Division 13 (commencing with
Section 21000) of the Public Resources Code. end insert 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.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 10733.4 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

10733.4.  

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

(b) If groundwater sustainability agencies develop multiple
groundwater sustainability plans for a basin, the submission
required by subdivision (a) shall begin delete 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 end delete
begin insert include both end insert of the following:

begin delete

(1) The groundwater sustainability plans.

(2)

end delete

begin insert ( end insert begin insert 1) end insert  An explanation of how the begin insert agency’s end insert groundwater
sustainability begin delete plans end delete begin insert plan will be end insert implemented together begin insert with other
plans to end insert satisfy Sections 10727.2, 10727.4, and 10727.6 for the
entire basin.

begin delete

(3)

end delete

begin insert (2) end insert  A copy of the coordination agreement between the
groundwater sustainability agencies to ensure the coordinated
implementation of the groundwater sustainability begin delete plans for the
entire basin. end delete begin insert plans. end insert

(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

begin insert SEC. 10. end insert   

end insert

begin insert Section 10735 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

10735.  

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

(a) “Condition of long-term overdraft” means the condition of
a groundwater basin where the average annual amount of water
extracted for a long-term period, generally 10 years or more,
exceeds the long-term average annual supply of water to the basin,
plus any temporary surplus. Overdraft during a period of drought
is not sufficient to establish a condition of long-term overdraft if
extractions and begin insert groundwater end insert 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 or tribal law and subject to the limitations described in
subdivisions (c) and (d) of Section 10720.3, the United States, a
department, agency or instrumentality of the federal government,
an Indian tribe, an authorized Indian tribal organization, or
interstate body.

(c) “Probationary basin” means a basin for which the board has
issued a determination under Section 10735.2.

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

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 10735.2 of the end insert begin insert Water Code end insert begin insert is amended to
read: end insert

10735.2.  

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

(1) After June 30, 2017, none of the following have occurred:

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

(B)  A collection of local agencies has formed a groundwater
sustainability agency or prepared agreements to develop one or
more groundwater sustainability plans that will collectively serve
as a groundwater sustainability plan for the entire basin.

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

(2)  The basin is subject to paragraph (1) of subdivision (a) of
Section 10720.7, and after January 31, 2020, none of the following
have occurred:

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

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

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

(3) The basin is subject to paragraph (1) of subdivision (a) of
Section 10720.7 and after January 31, 2020, the department, in
consultation with the board, determines that a groundwater
sustainability plan is inadequate or that the groundwater
sustainability program is not being implemented in a manner that
will likely achieve the sustainability goal.

(4) The basin is subject to paragraph (2) of subdivision (a) of
Section 10720.7, and after January 31, 2022, none of the following
have occurred:

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

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

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

(5) The basin is subject to paragraph (2) of subdivision (a) of
Section 10720.7, and either of the following have occurred:

(A) After January 31, 2022, both of the following have occurred:

(i) The department, in consultation with the board, determines
that a groundwater sustainability plan is inadequate or that the
groundwater sustainability plan is not being implemented in a
manner that will likely achieve the sustainability goal.

(ii) The board determines that the basin is in a condition of
long-term overdraft.

(B) After January 31, 2025, both of the following have occurred:

(i) The department, in consultation with the board, determines
that a groundwater sustainability plan is inadequate or that the
groundwater sustainability plan is not being implemented in a
manner that will likely achieve the sustainability goal.

(ii) The board determines that the basin is in a condition where
groundwater extractions result in significant depletions of
interconnected surface waters.

(b) In making the findings associated with paragraph (3) or (5)
of subdivision (a), the department and board may rely on periodic
assessments the department has prepared pursuant to Chapter 10
(commencing with Section 10733). The board may request that
the department conduct additional assessments utilizing the
regulations developed pursuant to Chapter 10 (commencing with
Section 10733) and make determinations pursuant to this section.
The board shall post on its Internet Web site and provide at least
30 days for the public to comment on any determinations provided
by the department pursuant to this subdivision.

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

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

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

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

begin delete

(d) If the board finds that litigation challenging the formation
of a groundwater sustainability agency prevented its formation
before July 1, 2017, pursuant to paragraph (1) of subdivision (a)
or prevented a groundwater sustainability program from being
implemented in a manner likely to achieve the sustainability goal
pursuant to paragraph (3), (4), or (5) of subdivision (a), the board
shall not designate a basin as a probationary basin for a period of
time equal to the delay caused by the litigation.

end delete begin insert

(d) If a groundwater sustainability agency or a local agency
proposing to be a groundwater sustainability agency provides
evidence to the board that the agency was unable to meet any
deadline or other requirement established by this part due to
litigation brought by another party, the board shall not designate
the basin as a probationary basin for a period of time equal to the
delay caused by the litigation plus a reasonable additional period
of time to allow for compliance with this part.

end insert

(e)  begin delete The end delete begin insert Notwithstanding any other provision of this part, the end insert
board shall exclude from probationary status any portion of a basin
for which a groundwater sustainability agency begin delete demonstrates
compliance with the sustainability goal end delete begin insert has adopted and is
implementing a groundwater sustainability plan end insert .

begin insert

begin insert SEC. 12. end insert   

end insert begin insert

The amendment of Section 10728.6 of the Water Code
made by this act does not constitute a change in, but is declaratory
of, existing law.

end insert