Amended in Assembly May 28, 2015

Amended in Assembly April 23, 2015

Amended in Assembly April 14, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 617


Introduced by Assembly Member Perea

February 24, 2015


An act to amend Sections 10720.5, 10720.8, 10721, 10723.6, 10725, 10726.8,begin delete 10727,end delete 10727.2, 10727.4, 10727.6, 10728, 10728.6,begin delete 10733.4,end delete 10735, and 10735.2 of, and to add Section 10726.5 to, 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.

This bill would revise the definition of “groundwater recharge” for the purposes of the act to permit the inclusion of in-lieu recharge through delivery of water to persons that otherwise extract groundwater, leaving groundwater in the basin.

The act 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 delete

The act authorizes a groundwater sustainability plan to be a single plan covering the entire basin developed and implemented by one or multiple groundwater sustainability agencies or multiple plans implemented by multiple groundwater sustainability agencies and coordinated pursuant to a single coordination agreement that covers the entire basin.

end delete
begin delete

This bill would eliminate the requirement that the agreement cover the entire basin and would allow coordination pursuant to a coordination agreement.

end delete

The act authorizes a groundwater sustainability agency to exercise certain powers in implementing the act, in addition to, and not as a limitation on, any existing authority, if the groundwater sustainability agency adopts and submits to the Department of Water Resources a groundwater sustainability plan or prescribed alternative documentation.

This bill would, in addition to any other authorities granted to a groundwater sustainability agency, authorize a groundwater sustainability agency to enter into written agreements and funding with private parties that assist in or facilitate the implementation of groundwater sustainability plans or elements of a groundwater sustainability plan. This bill would eliminate the condition that a groundwater sustainability agency submit its groundwater sustainability plan to the department to authorize a groundwater sustainability agency to exercise its powers to implement the act.

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.

This bill, if a groundwater sustainability agency finds that a state entity is not working cooperatively regarding implementation of a groundwater sustainability plan, would permit the groundwater sustainability agency to file notice with the board and require the board to notice proceedings to investigate the finding of the groundwater sustainability agency. This bill would authorize the board to direct the state entity to cooperate in the implementation of the groundwater sustainability plan if the board determines that the failure of the state entity to work cooperatively regarding implementation of a groundwater sustainability plan compromises the ability of the groundwater sustainability agency to implement the plan in a manner that will likely achieve the sustainability goal unless the state entity indicates its authority for not complying with the groundwater sustainability plan.

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, including litigation that prevented a groundwater sustainability plan or program from being implemented in a manner likely to achieve the sustainability goal.

The act requires a groundwater sustainability plan to include measurable objectives to achieve the sustainability goal within the basin within 20 years of the implementation of the plan. The act authorizes the Department of Water Resources to grant an extension of up to 5 years beyond the 20-year sustainability timeframe upon a showing of good cause and to grant a 2nd extension of up to 5 years upon a showing of good cause if the groundwater sustainability agency has begun implementation of a prescribed work plan.

This bill would provide that good cause includes certain litigation that prevented a groundwater sustainability plan or program from being implemented in a manner likely to achieve the sustainability goal.

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.

This bill would require the board to exclude from probationary status any portion of a basin for which a groundwater sustainability agency demonstrates that it has adopted a groundwater sustainability plan and that it is being implemented in a manner that will likely achieve the sustainability goal.

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

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

P4    1

SECTION 1.  

Section 10720.5 of the Water Code is amended
2to read:

3

10720.5.  

(a) Groundwater management pursuant to this part
4shall be consistent with Section 2 of Article X of the California
5Constitution. Nothing in this part modifies rights or priorities to
6use or store groundwater consistent with Section 2 of Article X of
7the California Constitution, except that in basins designated
8medium- or high-priority basins by the department, no extraction
9of groundwater between January 1, 2015, and the date of adoption
10of a groundwater sustainability plan pursuant to this part or any
11action to regulate groundwater extractions taken as a means of
12implementing a groundwater sustainability plan pursuant to Section
1310726.4, may be used as evidence of, or to establish or defend
14against, any claim of prescription.

15(b) Nothing in this part, or in any groundwater management
16plan adopted pursuant to this part, determines or alters surface
17water rights or groundwater rights under common law or any
18provision of law that determines or grants surface water rights.

19

SEC. 2.  

Section 10720.8 of the Water Code is amended to read:

20

10720.8.  

(a) Except as provided in subdivision (e), this part
21does not apply to the following adjudicated areas or a local agency
22that conforms to the requirements of an adjudication of water rights
23for one of the following adjudicated areas:

24(1) Beaumont Basin.

25(2) Brite Basin.

26(3) Central Basin.

27(4) Chino Basin.

28(5) Cucamonga Basin.

29(6) Cummings Basin.

30(7) Goleta Basin.

31(8) Lytle Basin.

32(9) Main San Gabriel Basin.

33(10) Mojave Basin Area.

P5    1(11) Puente Basin.

2(12) Raymond Basin.

3(13) Rialto-Colton Basin.

4(14) Riverside Basin.

5(15) San Bernardino Basin Area.

6(16) San Jacinto Basin.

7(17) Santa Margarita River Watershed.

8(18) Santa Maria Valley Basin.

9(19) Santa Paula Basin.

10(20) Scott River Stream System.

11(21) Seaside Basin.

12(22) Six Basins.

13(23) Tehachapi Basin.

14(24) Upper Los Angeles River Area.

15(25) Warren Valley Basin.

16(26) West Coast Basin.

17(b) The Antelope Valley basin at issue in the Antelope Valley
18Groundwater Cases (Judicial Council Coordination Proceeding
19Number 4408) shall be treated as an adjudicated basin pursuant to
20this section if the superior court issues a final judgment, order, or
21decree.

22(c) Any groundwater basin or portion of a groundwater basin
23in Inyo County managed pursuant to the terms of the stipulated
24judgment in City of Los Angeles v. Board of Supervisors of the
25County of Inyo, et al. (Inyo County Case No. 12908) shall be
26treated as an adjudicated area pursuant to this section.

27(d) The Los Osos Groundwater Basin at issue in Los Osos
28Community Service District v. Southern California Water Company
29[Golden State Water Company] et al. (San Luis Obispo County
30Superior Court Case No. CV 040126) shall be treated as an
31adjudicated basin pursuant to this section if the superior court
32issues a final judgment, order, or decree.

33(e) If an adjudication action has determined the rights to extract
34groundwater for only a portion of a basin, subdivisions (a), (b),
35(c), and (d) apply only within the area for which the adjudication
36action has determined those rights.

37(f) The watermaster or a local agency within a basin identified
38in subdivision (a) shall do all of the following:

P6    1(1) By April 1, 2016, submit to the department a copy of a
2governing final judgment, or other judicial order or decree, and
3any amendments entered before April 1, 2016.

4(2) Within 90 days of entry by a court, submit to the department
5a copy of any amendment made and entered by the court to the
6governing final judgment or other judicial order or decree on or
7after April 1, 2016.

8(3) By April 1, 2016, and annually thereafter, submit to the
9department a report containing the following information to the
10extent available for the portion of the basin subject to the
11adjudication:

12(A) Groundwater elevation data unless otherwise submitted
13pursuant to Section 10932.

14(B) Annual aggregated data identifying groundwater extraction
15for the preceding water year.

16(C) Surface water supply used for or available for use for
17groundwater recharge.

18(D) Total water use.

19(E) Change in groundwater storage.

20(F) The annual report submitted to the court.

21

SEC. 3.  

Section 10721 of the Water Code is amended to read:

22

10721.  

Unless the context otherwise requires, the following
23definitions govern the construction of this part:

24(a) “Adjudication action” means an action filed in the superior
25or federal district court to determine the rights to extract
26groundwater from a basin or store water within a basin, including,
27but not limited to, actions to quiet title respecting rights to extract
28or store groundwater or an action brought to impose a physical
29solution on a basin.

30(b) “Basin” means a groundwater basin or subbasin identified
31and defined in Bulletin 118 or as modified pursuant to Chapter 3
32(commencing with Section 10722).

33(c) “Bulletin 118” means the department’s report entitled
34“California’s Groundwater: Bulletin 118” updated in 2003, as it
35may be subsequently updated or revised in accordance with Section
3612924.

37(d) “Coordination agreement” means a legal agreement adopted
38between two or more groundwater sustainability agencies that
39provides the basis for coordinating multiple agencies or
P7    1groundwater sustainability plans within a basin pursuant to this
2part.

3(e) “De minimis extractor” means a person who extracts, for
4domestic purposes, two acre-feet or less per year.

5(f) “Governing body” means the legislative body of a
6groundwater sustainability agency.

7(g) “Groundwater” means water beneath the surface of the earth
8within the zone below the water table in which the soil is
9completely saturated with water, but does not include water that
10flows in known and definite channels.

11(h) “Groundwater extraction facility” means a device or method
12for extracting groundwater from within a basin.

13(i) “Groundwater recharge” means the augmentation of
14groundwater, by natural or artificial means and may include in-lieu
15recharge through delivery of water to persons that otherwise extract
16groundwater, leaving groundwater in the basin.

17(j) “Groundwater sustainability agency” means one or more
18local agencies that implement the provisions of this part. For
19purposes of imposing fees pursuant to Chapter 8 (commencing
20with Section 10730) or taking action to enforce a groundwater
21sustainability plan, “groundwater sustainability agency” also means
22each local agency comprising the groundwater sustainability
23agency if the plan authorizes separate agency action.

24(k) “Groundwater sustainability plan” or “plan” means a plan
25of a groundwater sustainability agency proposed or adopted
26pursuant to this part.

27(l) “Groundwater sustainability program” means a coordinated
28and ongoing activity undertaken to benefit a basin, pursuant to a
29groundwater sustainability plan.

30(m) “Local agency” means a local public agency that has water
31supply, water management, or land use responsibilities within a
32groundwater basin.

33(n) “Operator” means a person operating a groundwater
34extraction facility. The owner of a groundwater extraction facility
35shall be conclusively presumed to be the operator unless a
36satisfactory showing is made to the governing body of the
37groundwater sustainability agency that the groundwater extraction
38facility actually is operated by some other person.

P8    1(o) “Owner” means a person owning a groundwater extraction
2facility or an interest in a groundwater extraction facility other
3than a lien to secure the payment of a debt or other obligation.

4(p) “Personal information” has the same meaning as defined in
5Section 1798.3 of the Civil Code.

6(q) “Planning and implementation horizon” means a 50-year
7time period over which a groundwater sustainability agency
8determines that plans and measures will be implemented in a basin
9to ensure that the basin is operated within its sustainable yield.

10(r) “Public water system” has the same meaning as defined in
11Section 116275 of the Health and Safety Code.

12(s) “Recharge area” means the area that supplies water to an
13aquifer in a groundwater basin.

14(t) “Sustainability goal” means the existence and implementation
15of one or more groundwater sustainability plans that achieve
16sustainable groundwater management by identifying and causing
17the implementation of measures targeted to ensure that the
18applicable basin is operated within its sustainable yield.

19(u) “Sustainable groundwater management” means the
20management and use of groundwater in a manner that can be
21maintained during the planning and implementation horizon
22without causing undesirable results.

23(v) “Sustainable yield” means the maximum quantity of water,
24calculated over a base period representative of long-term conditions
25in the basin and including any temporary surplus, that can be
26withdrawn annually from a groundwater supply without causing
27an undesirable result.

28(w) “Undesirable result” means one or more of the following
29effects caused by groundwater conditions occurring throughout
30the basin:

31(1) Chronic lowering of groundwater levels indicating a
32significant and unreasonable depletion of supply if continued over
33the planning and implementation horizon. Overdraft during a period
34of drought is not sufficient to establish a chronic lowering of
35groundwater levels if extractions and groundwater recharge are
36managed as necessary to ensure that reductions in groundwater
37levels or storage during a period of drought are offset by increases
38in groundwater levels or storage during other periods.

39(2) Significant and unreasonable reduction of groundwater
40storage.

P9    1(3) Significant and unreasonable seawater intrusion.

2(4) Significant and unreasonable degraded water quality,
3including the migration of contaminant plumes that impair water
4supplies.

5(5) Significant and unreasonable land subsidence that
6substantially interferes with surface land uses.

7(6) Depletions of interconnected surface water that have
8significant and unreasonable adverse impacts on beneficial uses
9of the surface water.

10(x) “Water budget” means an accounting of the total
11groundwater and surface water entering and leaving a basin
12including the changes in the amount of water stored.

13(y) “Watermaster” means a watermaster appointed by a court
14or pursuant to other law.

15(z) “Water year” means the period from October 1 through the
16following September 30, inclusive.

17(aa) “Wellhead protection area” means the surface and
18subsurface area surrounding a water well or well field that supplies
19a public water system through which contaminants are reasonably
20likely to migrate toward the water well or well field.

21

SEC. 4.  

Section 10723.6 of the Water Code is amended to read:

22

10723.6.  

(a) A combination of local agencies or a combination
23of one or more local agencies and one or more mutual water
24companies may form a groundwater sustainability agency by using
25any of the following methods:

26(1) A joint powers agreement, pursuant to the Joint Exercise of
27Powers Act (Chapter 5 (commencing with Section 6500) of
28Division 7 of Title 1 of the Government Code), which may include
29a mutual water company pursuant to Section 6525 of the
30Government Code.

31(2) A memorandum of agreement or other legal agreement.

32(b) A water corporation regulated by the Public Utilities
33Commission may participate in a groundwater sustainability agency
34if the other parties in the groundwater sustainability agency
35approve.

36(c) A groundwater sustainability agency formed pursuant to a
37joint powers agreement may exercise all of the powers granted
38pursuant to this part. The signatories to a joint powers agreement
39forming a groundwater sustainability agency are deemed to hold
40in common the powers granted to a groundwater sustainability
P10   1agency pursuant to this part in order for the groundwater
2sustainability agency to exercise those powers. Nothing in this
3section shall be construed to grant any power to a mutual water
4company, water corporation, or local agency that participates in
5an agreement authorized under this section that is not otherwise
6granted to the mutual water company, water corporation, or local
7agency, pursuant to other provisions of law.

8

SEC. 5.  

Section 10725 of the Water Code is amended to read:

9

10725.  

(a) A groundwater sustainability agency may exercise
10any of the powers described in this chapter in implementing this
11part, in addition to, and not as a limitation on, any existing
12authority, if the groundwater sustainability agency adopts a
13groundwater sustainability plan or submits to the department a
14prescribed alternative in accordance with Section 10733.6.

15(b) A groundwater sustainability agency has and may use the
16powers in this chapter to provide the maximum degree of local
17control and flexibility consistent with the sustainability goals of
18this part.

19

SEC. 6.  

Section 10726.5 is added to the Water Code, to read:

20

10726.5.  

In addition to any other authority granted to a
21groundwater sustainability agency by this part or other law, a
22groundwater sustainability agency may enter into written
23agreements and funding with a private party to assist in, or facilitate
24the implementation of, a groundwater sustainability plan or any
25elements of the plan.

26

SEC. 7.  

Section 10726.8 of the Water Code is amended to read:

27

10726.8.  

(a) This part is in addition to, and not a limitation
28on, the authority granted to a local agency under any other law.
29The local agency may use the local agency’s authority under any
30other law to apply and enforce any requirements of this part,
31including, but not limited to, the collection of fees.

32(b) Nothing in this part shall be construed as authorizing a local
33agency to make a binding determination of the water rights of any
34person or entity.

35(c) Nothing in this part is a limitation on the authority of the
36board, the department, or the State Department of Public Health.

37(d) Notwithstanding Section 6103 of the Government Code, a
38 state or local agency that extracts groundwater shall be subject to
39a fee imposed under this part to the same extent as any
40nongovernmental entity.

P11   1(e) Except as provided in subdivision (d), this part does not
2authorize a local agency to impose any requirement on the state
3or any agency, department, or officer of the state. State agencies
4and departments shall work cooperatively with a local agency on
5a voluntary basis.

6(f) If a groundwater sustainability agency finds that a state entity
7is not working cooperatively regarding implementation of a
8groundwater sustainability plan, the groundwater sustainability
9agency may file notice with the board regarding its finding. The
10board shall notice proceedings to investigate the finding of the
11groundwater sustainability agency. If the board determines that
12the failure of the state entity to work cooperatively regarding
13implementation of a groundwater sustainability plan compromises
14the ability of the groundwater sustainability agency to implement
15the plan in a manner that will likely achieve the sustainability goal,
16the board may direct the state entity to cooperate in the
17implementation of the groundwater sustainability plan unless the
18state entity indicates its authority for not complying with a
19groundwater sustainability plan in the same manner as subdivision
20(f) of Section 10735.8.

21(g) Nothing in this chapter or a groundwater sustainability plan
22shall be interpreted as superseding the land use authority of cities
23and counties, including the city or county general plan, within the
24overlying basin.

begin delete
25

SEC. 8.  

Section 10727 of the Water Code is amended to read:

26

10727.  

(a) A groundwater sustainability plan shall be
27developed and implemented for each medium- or high-priority
28basin by a groundwater sustainability agency to meet the
29sustainability goal established pursuant to this part. The
30groundwater sustainability plan may incorporate, extend, or be
31based on a plan adopted pursuant to Part 2.75 (commencing with
32Section 10750).

33(b) A groundwater sustainability plan may be any of the
34following:

35(1) A single plan covering the entire basin developed and
36implemented by one groundwater sustainability agency.

37(2) A single plan covering the entire basin developed and
38implemented by multiple groundwater sustainability agencies.

P12   1(3) Subject to Section 10727.6, multiple plans implemented by
2multiple groundwater sustainability agencies and coordinated
3pursuant to a coordination agreement.

end delete
4

begin deleteSEC. 9.end delete
5begin insertSEC. 8.end insert  

Section 10727.2 of the Water Code is amended to read:

6

10727.2.  

A groundwater sustainability plan shall include all
7of the following:

8(a) A description of the physical setting and characteristics of
9the aquifer system underlying the basin that includes the following:

10(1) Historical data, to the extent available.

11(2) Groundwater levels, groundwater quality, subsidence, and
12groundwater-surface water interaction.

13(3) A general discussion of historical and projected water
14demands and supplies.

15(4) A map that details the area of the basin and the boundaries
16of the groundwater sustainability agencies that overlie the basin
17that have or are developing groundwater sustainability plans.

18(5) A map identifying existing and potential recharge areas for
19the basin. The map or maps shall identify the existing recharge
20areas that substantially contribute to the replenishment of the
21groundwater basin. The map or maps shall be provided to the
22appropriate local planning agencies after adoption of the
23groundwater sustainability plan.

24(b) (1) Measurable objectives, as well as interim milestones in
25increments of five years, to achieve the sustainability goal in the
26basin within 20 years of the implementation of the plan.

27(2) A description of how the plan helps meet each objective and
28how each objective is intended to achieve the sustainability goal
29for the basin for long-term beneficial uses of groundwater.

30(3) (A) Notwithstanding paragraph (1), at the request of the
31groundwater sustainability agency, the department may grant an
32extension of up tobegin delete 5end deletebegin insert fiveend insert years beyond the 20-year sustainability
33timeframe upon a showing of good cause. The department may
34grant a second extension of up to five years upon a showing of
35good cause if the groundwater sustainability agency has begun
36implementation of the work plan described in clause (iii) of
37subparagraph (B). For purposes of this paragraph, “good cause”
38includes litigation that prevented a groundwater sustainability plan
39or program from being implemented in a manner likely to achieve
P13   1the sustainability goal as described in subdivision (d) of Section
210735.2.

3(B) The department may grant an extension pursuant to this
4paragraph if the groundwater sustainability agency does all of the
5following:

6(i) Demonstrates a need for an extension.

7(ii) Has made progress toward meeting the sustainability goal
8as demonstrated by its progress at achieving the milestones
9identified in its groundwater sustainability plan.

10(iii) Adopts a feasible work plan for meeting the sustainability
11goal during the extension period.

12(4) The plan may, but is not required to, address undesirable
13results that occurred before, and have not been corrected by,
14January 1, 2015. Notwithstanding paragraphs (1) to (3), inclusive,
15a groundwater sustainability agency has discretion as to whether
16to set measurable objectives and the timeframes for achieving any
17objectives for undesirable results that occurred before, and have
18not been corrected by, January 1, 2015.

19(c) A planning and implementation horizon.

20(d) Components relating to the following, as applicable to the
21basin:

22(1) The monitoring and management of groundwater levels
23within the basin.

24(2) The monitoring and management of groundwater quality,
25groundwater quality degradation, inelastic land surface subsidence,
26and changes in surface flow and surface water quality that directly
27affect groundwater levels or quality or are caused by groundwater
28extraction in the basin.

29(3) Mitigation of overdraft.

30(4) How recharge areas identified in the plan substantially
31contribute to the replenishment of the basin.

32(5) A description of surface water supply used or available for
33use for groundwater recharge.

34(e) A summary of the type of monitoring sites, type of
35measurements, and the frequency of monitoring for each location
36monitoring groundwater levels, groundwater quality, subsidence,
37streamflow, precipitation, evaporation, and tidal influence. The
38plan shall include a summary of monitoring information such as
39well depth, screened intervals, and aquifer zones monitored, and
40a summary of the type of well relied on for the information,
P14   1including public, irrigation, domestic, industrial, and monitoring
2wells.

3(f) Monitoring protocols that are designed to detect changes in
4groundwater levels, groundwater quality, inelastic surface
5subsidence for basins for which subsidence has been identified as
6a potential problem, and flow and quality of surface water that
7directly affect groundwater levels or quality or are caused by
8groundwater extraction in the basin. The monitoring protocols
9shall be designed to generate information that promotes efficient
10and effective groundwater management.

11(g) A description of the consideration given to the applicable
12county and city general plans and a description of the various
13adopted water resources-related plans and programs within the
14basin and an assessment of how the groundwater sustainability
15plan may affect those plans.

16

begin deleteSEC. 10.end delete
17begin insertSEC. 9.end insert  

Section 10727.4 of the Water Code is amended to read:

18

10727.4.  

In addition to the requirements of Section 10727.2,
19a groundwater sustainability plan shall include, where appropriate
20and in collaboration with the appropriate local agencies, all of the
21following:

22(a) Control of saline water intrusion.

23(b) Wellhead protection areas and recharge areas.

24(c) Migration of contaminated groundwater.

25(d) A well abandonment and well destruction program.

26(e) Replenishment of groundwater extractions.

27(f) Activities implementing, opportunities for, and removing
28impediments to, conjunctive use or underground storage.

29(g) Well construction policies.

30(h) Measures addressing groundwater contamination cleanup,
31 groundwater recharge, diversions to storage, conservation, water
32recycling, conveyance, and extraction projects.

33(i) Efficient water management practices, as defined in Section
3410902, for the delivery of water and water conservation methods
35to improve the efficiency of water use.

36(j) Efforts to develop relationships with state and federal
37regulatory agencies.

38(k) Processes to review land use plans and efforts to coordinate
39with land use planning agencies to assess activities that potentially
40create risks to groundwater quality or quantity.

P15   1(l) Impacts on groundwater dependent ecosystems.

2

begin deleteSEC. 11.end delete
3begin insertSEC. 10.end insert  

Section 10727.6 of the Water Code is amended to
4read:

5

10727.6.  

Groundwater sustainability agencies intending to
6develop and implement multiple groundwater sustainability plans
7pursuant to paragraph (3) of subdivision (b) of Section 10727 shall
8coordinate with other agencies preparing a groundwater
9sustainability plan within the basin to ensure that the plans utilize
10consistent data and methodologies for the following assumptions
11in developing the plans:

12(a) Groundwater elevation data.

13(b) Groundwater extraction data.

14(c) Surface water supply.

15(d) Total water use.

16(e) Change in groundwater storage.

17(f) Water budget.

18(g) Sustainable yield.

19

begin deleteSEC. 12.end delete
20begin insertSEC. 11.end insert  

Section 10728 of the Water Code is amended to read:

21

10728.  

On the April 1 following the adoption of a groundwater
22sustainability plan and annually thereafter, a groundwater
23sustainability agency shall submit a report to the department
24containing the following information about the basin managed in
25the groundwater sustainability plan:

26(a) Groundwater elevation data.

27(b) Annual aggregated data identifying groundwater extraction
28for the preceding water year.

29(c) Surface water supply used for or available for use for
30groundwater recharge.

31(d) Total water use.

32(e) Change in groundwater storage.

33

begin deleteSEC. 13.end delete
34begin insertSEC. 12.end insert  

Section 10728.6 of the Water Code is amended to
35read:

36

10728.6.  

Division 13 (commencing with Section 21000) of the
37Public Resources Code does not apply to the preparation and
38adoption of plans pursuant to this chapter. The formation of or
39election to become a groundwater sustainability agency is not
40subject to the requirements of Division 13 (commencing with
P16   1Section 21000) of the Public Resources Code. Nothing in this part
2shall be interpreted as exempting from Division 13 (commencing
3with Section 21000) of the Public Resources Code a project that
4would implement actions taken pursuant to a plan adopted pursuant
5to this chapter.

begin delete
6

SEC. 14.  

Section 10733.4 of the Water Code is amended to
7read:

8

10733.4.  

(a) Upon adoption of a groundwater sustainability
9plan pursuant to either paragraph (1) or (2) of subdivision (b) of
10Section 10727, a groundwater sustainability agency shall submit
11the groundwater sustainability plan to the department for review
12pursuant to this chapter.

13(b) If groundwater sustainability agencies develop multiple
14groundwater sustainability plans for a basin, the submission
15required by subdivision (a) shall include both of the following:

16(1) An explanation of how the agency’s groundwater
17sustainability plan will be implemented together with other plans
18to satisfy Sections 10727.2, 10727.4, and 10727.6 for the entire
19basin.

20(2) A copy of the coordination agreement between the
21groundwater sustainability agencies to ensure the coordinated
22implementation of the groundwater sustainability plans.

23(c) Upon receipt of a groundwater sustainability plan, the
24department shall post the plan on the department’s Internet Web
25site and provide 60 days for persons to submit comments to the
26department about the plan.

27(d) The department shall evaluate the groundwater sustainability
28plan within two years of its submission by a groundwater
29sustainability agency and issue an assessment of the plan. The
30assessment may include recommended corrective actions to address
31any deficiencies identified by the department.

32(e) Nothing in this section shall be construed to prohibit a
33groundwater sustainability agency from developing, adopting, and
34implementing a groundwater sustainability plan pursuant to this
35part.

end delete
36

begin deleteSEC. 15.end delete
37begin insertSEC. 13.end insert  

Section 10735 of the Water Code is amended to read:

38

10735.  

As used in this chapter, the following terms have the
39following meanings:

P17   1(a) “Condition of long-term overdraft” means the condition of
2a groundwater basin where the average annual amount of water
3extracted for a long-term period, generally 10 years or more,
4exceeds the long-term average annual supply of water to the basin,
5plus any temporary surplus. Overdraft during a period of drought
6is not sufficient to establish a condition of long-term overdraft if
7extractions and groundwater recharge are managed as necessary
8to ensure that reductions in groundwater levels or storage during
9a period of drought are offset by increases in groundwater levels
10or storage during other periods.

11(b) “Person” means any person, firm, association, organization,
12partnership, business, trust, corporation, limited liability company,
13or public agency, including any city, county, city and county,
14district, joint powers authority, state, or any agency or department
15of those entities. “Person” includes, to the extent authorized by
16federal or tribal law and subject to the limitations described in
17subdivisions (c) and (d) of Section 10720.3, the United States, a
18department,begin delete agencyend deletebegin insert agency,end insert or instrumentality of the federal
19government, an Indian tribe, an authorized Indian tribal
20organization, or interstate body.

21(c) “Probationary basin” means a basin for which the board has
22issued a determination under Section 10735.2.

23(d) “Significant depletions of interconnected surface waters”
24means reductions in flow or levels of surface water that is
25hydrologically connected to the basin such that the reduced surface
26water flow or levels have a significant and unreasonable adverse
27impact on beneficial uses of the surface water.

28

begin deleteSEC. 16.end delete
29begin insertSEC. 14.end insert  

Section 10735.2 of the Water Code is amended to
30read:

31

10735.2.  

(a) The board, after notice and a public hearing, may
32designate a basin as a probationary basin, if the board finds one
33or more of the following applies to the basin:

34(1) After June 30, 2017, none of the following have occurred:

35(A)  A local agency has elected to be a groundwater
36sustainability agency that intends to develop a groundwater
37sustainability plan for the entire basin.

38(B)  A collection of local agencies has formed a groundwater
39sustainability agency or prepared agreements to develop one or
P18   1more groundwater sustainability plans that will collectively serve
2as a groundwater sustainability plan for the entire basin.

3(C)  A local agency has submitted an alternative that has been
4approved or is pending approval pursuant to Section 10733.6. If
5the department disapproves an alternative pursuant to Section
610733.6, the board shall not act under this paragraph until at least
7180 days after the department disapproved the alternative.

8(2)  The basin is subject to paragraph (1) of subdivision (a) of
9Section 10720.7, and after January 31, 2020, none of the following
10have occurred:

11(A)  A groundwater sustainability agency has adopted a
12groundwater sustainability plan for the entire basin.

13(B)  A collection of local agencies has adopted groundwater
14sustainability plans that collectively serve as a groundwater
15sustainability plan for the entire basin.

16(C) The department has approved an alternative pursuant to
17Section 10733.6.

18(3) The basin is subject to paragraph (1) of subdivision (a) of
19Section 10720.7 and after January 31, 2020, the department, in
20consultation with the board, determines that a groundwater
21sustainability plan is inadequate or that the groundwater
22sustainability program is not being implemented in a manner that
23will likely achieve the sustainability goal.

24(4) The basin is subject to paragraph (2) of subdivision (a) of
25Section 10720.7, and after January 31, 2022, none of the following
26have occurred:

27(A) A groundwater sustainability agency has adopted a
28groundwater sustainability plan for the entire basin.

29(B) A collection of local agencies has adopted groundwater
30sustainability plans that collectively serve as a groundwater
31sustainability plan for the entire basin.

32(C) The department has approved an alternative pursuant to
33Section 10733.6.

34(5) The basin is subject to paragraph (2) of subdivision (a) of
35Section 10720.7, and either of the following have occurred:

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

37(i) The department, in consultation with the board, determines
38that a groundwater sustainability plan is inadequate or that the
39groundwater sustainability plan is not being implemented in a
40manner that will likely achieve the sustainability goal.

P19   1(ii) The board determines that the basin is in a condition of
2long-term overdraft.

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

4(i) The department, in consultation with the board, determines
5that a groundwater sustainability plan is inadequate or that the
6groundwater sustainability plan is not being implemented in a
7manner that will likely achieve the sustainability goal.

8(ii) The board determines that the basin is in a condition where
9groundwater extractions result in significant depletions of
10interconnected surface waters.

11(b) In making the findings associated with paragraph (3) or (5)
12of subdivision (a), the department and board may rely on periodic
13assessments the department has prepared pursuant to Chapter 10
14(commencing with Section 10733). The board may request that
15the department conduct additional assessments utilizing the
16regulations developed pursuant to Chapter 10 (commencing with
17Section 10733) and make determinations pursuant to this section.
18The board shall post on its Internet Web site and provide at least
1930 days for the public to comment on any determinations provided
20by the department pursuant to this subdivision.

21(c) (1)   The determination may exclude a class or category of
22extractions from the requirement for reporting pursuant to Part 5.2
23(commencing with Section 5200) of Division 2 if those extractions
24are subject to a local plan or program that adequately manages
25groundwater within the portion of the basin to which that plan or
26program applies, or if those extractions are likely to have a minimal
27impact on basin withdrawals.

28(2) The determination may require reporting of a class or
29category of extractions that would otherwise be exempt from
30reporting pursuant to paragraph (1) of subdivision (c) of Section
315202 if those extractions are likely to have a substantial impact on
32basin withdrawals or requiring reporting of those extractions is
33reasonably necessary to obtain information for purposes of this
34chapter.

35(3) The determination may establish requirements for
36information required to be included in reports of groundwater
37extraction, for installation of measuring devices, or for use of a
38methodology, measuring device, or both, pursuant to Part 5.2
39(commencing with Section 5200) of Division 2.

P20   1(4) The determination may modify the water year or reporting
2date for a report of groundwater extraction pursuant to Section
35202.

4(d) If the board finds that litigation challenging the formation
5of a groundwater sustainability agency prevented its formation
6before July 1, 2017, pursuant to paragraph (1) of subdivision (a)
7or prevented a groundwater sustainability program from being
8implemented in a manner likely to achieve the sustainability goal
9pursuant to paragraph (3), (4), or (5) of subdivision (a), the board
10shall not designate a basin as a probationary basin for a period of
11time equal to the delay caused by the litigation.

12(e) The board shall exclude from probationary status any portion
13of a basin for which a groundwater sustainability agency
14 demonstrates that it has adopted a groundwater sustainability plan
15and that it is being implemented in a manner that will likely achieve
16the sustainability goal.

17

begin deleteSEC. 17.end delete
18begin insertSEC. 15.end insert  

The amendment of Section 10728.6 of the Water
19Code made by this act does not constitute a change in, but is
20declaratory of, existing law.



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