Amended in Senate July 16, 2015

Amended in Senate June 29, 2015

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 10540, 10720.5,begin delete 10720.8,end delete 10721,begin delete 10723.6, 10723.8, 10724, 10725, 10726.8, 10727, 10727.2,end delete 10727.4, 10727.6,begin delete 10728, 10728.6, 10733.4, 10735, 10735.2, and 10735.4end deletebegin insert and 10733.4end insert of, and to addbegin delete Section 10726.5end deletebegin insert Sections 10726.5 and 10732.2end insert 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 wouldbegin delete 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.end deletebegin insert define “in-lieu use” for the purposes of the act and would provide that, where appropriate, measures addressing in-lieu use shall be included in a groundwater sustainability plan.end insert

begin delete

The act requires a groundwater sustainability agency to inform the department, as prescribed, of its election or formation and its intent to undertake sustainable groundwater management within 30 days of electing to be or forming a groundwater sustainability agency.

end delete
begin delete

This bill would require the department to evaluate the proposed boundaries of the basin or portion of the basin that a local agency or combination of local agencies intends to manage and determine whether there is an area within the basin that is not within the management area of a groundwater sustainability agency. This bill would require the department, in the event that there is an area within a basin that is not within the management area of a groundwater sustainability agency, to notify the county within which that unmanaged area lies that the county will be presumed to be the groundwater sustainability agency for that area.

end delete
begin delete

The act requires a county within which an unmanaged area lies, that will be presumed to be the groundwater sustainability agency for that area, to provide notification to the department of its intent to undertake sustainable groundwater management, unless the county notifies the department that it will not be the groundwater sustainability agency for the area.

end delete
begin delete

This bill would require the department to notify the State Water Resources Control Board when a county provides the above-described notice to the department.

end delete
begin delete

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.

end delete
begin delete

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.

end delete
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 authorize, if the basin has been designated as a probationary basin by the board, the groundwater sustainability plans covering portions of a basin that have been excluded from probationary status by the board to be submitted to the department.

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.begin delete 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.end delete

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.

begin delete

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.

end delete
begin delete

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.

end delete
begin delete

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.

end delete
begin delete

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 delete
begin delete

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. This bill would require the board to notify the department if it will develop an interim plan for the probationary basin and to identify that portion of a basin that has been excluded.

end delete

Existing law, the Integrated Regional Water Management Planning Act, authorizes a regional water management group to prepare and adopt an integrated regional water management plan with specified components relating to water supply and water quality. Existing law authorizes a regional water management group to coordinate its planning activities to address or incorporate all or part of certain actions of its members into its plan, including groundwater management planning.

This bill would specify that groundwater sustainability planning is an action of regional water management group members that may be addressed or incorporated into a regional water management plan.

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

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

P5    1

SECTION 1.  

Section 10540 of the Water Code is amended to
2read:

3

10540.  

(a) A regional water management group may prepare
4and adopt an integrated regional water management plan in
5accordance with this part.

6(b) A regional water management group may coordinate its
7planning activities to address or incorporate all or part of any of
8the following actions of its members into its plan:

9(1) Groundwater management planning pursuant to Part 2.75
10(commencing with Section 10750), groundwater sustainability
11planning pursuant to Part 2.74 (commencing with Section 10720),
12or other specific groundwater management authority.

13(2) Urban water management planning pursuant to Part 2.6
14(commencing with Section 10610).

15(3) The preparation of a water supply assessment required
16pursuant to Part 2.10 (commencing with Section 10910).

17(4) Agricultural water management planning pursuant to Part
182.8 (commencing with Section 10800).

19(5) City and county general planning pursuant to Section 65350
20of the Government Code.

21(6) Stormwater resource planning that is undertaken pursuant
22to Part 2.3 (commencing with Section 10560).

23(7) Other water resource management planning, including flood
24protection, watershed management planning, and multipurpose
25program planning.

26(c) At a minimum, all plans shall address all of the following:

27(1) Protection and improvement of water supply reliability,
28including identification of feasible agricultural and urban water
29use efficiency strategies.

P6    1(2) Identification and consideration of the drinking water quality
2of communities within the area of the plan.

3(3) Protection and improvement of water quality within the area
4of the plan, consistent with the relevant basin plan.

5(4) Identification of any significant threats to groundwater
6resources from overdrafting.

7(5) Protection, restoration, and improvement of stewardship of
8aquatic, riparian, and watershed resources within the region.

9(6) Protection of groundwater resources from contamination.

10(7) Identification and consideration of the water-related needs
11of disadvantaged communities in the area within the boundaries
12of the plan.

13(d) This section does not obligate a local agency to fund the
14implementation of any project or program.

15

SEC. 2.  

Section 10720.5 of the Water Code is amended to read:

16

10720.5.  

(a) Groundwater management pursuant to this part
17shall be consistent with Section 2 of Article X of the California
18Constitution. Nothing in this part modifies rights or priorities to
19use or store groundwater consistent with Section 2 of Article X of
20the California Constitution, except that in basins designated
21medium- or high-priority basins by the department, no extraction
22of groundwater between January 1, 2015, and the date of adoption
23of a groundwater sustainability plan pursuant to this part or any
24action to regulate groundwater extractions taken as a means of
25implementing a groundwater sustainability plan pursuant to Section
2610726.4, may be used as evidence of, or to establish or defend
27against, any claim of prescription.

28(b) Nothing in this part, or in any groundwater management
29plan adopted pursuant to this part, determines or alters surface
30water rights or groundwater rights under common law or any
31provision of law that determines or grants surface water rights.

begin delete
32

SEC. 3.  

Section 10720.8 of the Water Code is amended to read:

33

10720.8.  

(a) Except as provided in subdivision (e), this part
34does not apply to the following adjudicated areas or a local agency
35that conforms to the requirements of an adjudication of water rights
36for one of the following adjudicated areas:

37(1) Beaumont Basin.

38(2) Brite Basin.

39(3) Central Basin.

40(4) Chino Basin.

P7    1(5) Cucamonga Basin.

2(6) Cummings Basin.

3(7) Goleta Basin.

4(8) Lytle Basin.

5(9) Main San Gabriel Basin.

6(10) Mojave Basin Area.

7(11) Puente Basin.

8(12) Raymond Basin.

9(13) Rialto-Colton Basin.

10(14) Riverside Basin.

11(15) San Bernardino Basin Area.

12(16) San Jacinto Basin.

13(17) Santa Margarita River Watershed.

14(18) Santa Maria Valley Basin.

15(19) Santa Paula Basin.

16(20) Scott River Stream System.

17(21) Seaside Basin.

18(22) Six Basins.

19(23) Tehachapi Basin.

20(24) Upper Los Angeles River Area.

21(25) Warren Valley Basin.

22(26) West Coast Basin.

23(b) The Antelope Valley basin at issue in the Antelope Valley
24Groundwater Cases (Judicial Council Coordination Proceeding
25Number 4408) shall be treated as an adjudicated basin pursuant to
26this section if the superior court issues a final judgment, order, or
27decree.

28(c) Any groundwater basin or portion of a groundwater basin
29in Inyo County managed pursuant to the terms of the stipulated
30judgment in City of Los Angeles v. Board of Supervisors of the
31County of Inyo, et al. (Inyo County Case No. 12908) shall be
32treated as an adjudicated area pursuant to this section.

33(d) The Los Osos Groundwater Basin at issue in Los Osos
34Community Service District v. Southern California Water Company
35[Golden State Water Company] et al. (San Luis Obispo County
36Superior Court Case No. CV 040126) shall be treated as an
37adjudicated basin pursuant to this section if the superior court
38issues a final judgment, order, or decree.

39(e) If an adjudication action has determined the rights to extract
40groundwater for only a portion of a basin, subdivisions (a), (b),
P8    1(c), and (d) apply only within the area for which the adjudication
2action has determined those rights.

3(f) The watermaster or a local agency within a basin identified
4in subdivision (a) shall do all of the following:

5(1) By April 1, 2016, submit to the department a copy of a
6governing final judgment, or other judicial order or decree, and
7any amendments entered before April 1, 2016.

8(2) Within 90 days of entry by a court, submit to the department
9a copy of any amendment made and entered by the court to the
10governing final judgment or other judicial order or decree on or
11after April 1, 2016.

12(3) By April 1, 2016, and annually thereafter, submit to the
13department a report containing the following information to the
14extent available for the portion of the basin subject to the
15adjudication:

16(A) Groundwater elevation data unless otherwise submitted
17pursuant to Section 10932.

18(B) Annual aggregated data identifying groundwater extraction
19for the preceding water year.

20(C) Surface water supply used for or available for use for
21groundwater recharge.

22(D) Total water use.

23(E) Change in groundwater storage.

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

end delete
25

begin deleteSEC. 4.end delete
26begin insertSEC. 3.end insert  

Section 10721 of the Water Code is amended to read:

27

10721.  

Unless the context otherwise requires, the following
28definitions govern the construction of this part:

29(a) “Adjudication action” means an action filed in the superior
30or federal district court to determine the rights to extract
31groundwater from a basin or store water within a basin, including,
32but not limited to, actions to quiet title respecting rights to extract
33or store groundwater or an action brought to impose a physical
34solution on a basin.

35(b) “Basin” means a groundwater basin or subbasin identified
36and defined in Bulletin 118 or as modified pursuant to Chapter 3
37(commencing with Section 10722).

38(c) “Bulletin 118” means the department’s report entitled
39“California’s Groundwater: Bulletin 118” updated in 2003, as it
P9    1may be subsequently updated or revised in accordance with Section
212924.

3(d) “Coordination agreement” means a legal agreement adopted
4between two or more groundwater sustainability agencies that
5provides the basis for coordinating multiple agencies or
6groundwater sustainability plans within a basin pursuant to this
7part.

8(e) “De minimis extractor” means a person who extracts, for
9domestic purposes, two acre-feet or less per year.

10(f) “Governing body” means the legislative body of a
11groundwater sustainability agency.

12(g) “Groundwater” means water beneath the surface of the earth
13within the zone below the water table in which the soil is
14completely saturated with water, but does not include water that
15flows in known and definite channels.

16(h) “Groundwater extraction facility” means a device or method
17for extracting groundwater from within a basin.

18(i) “Groundwater recharge”begin insert or “recharge”end insert means the
19augmentation of groundwater, by natural or artificialbegin delete means and
20may include in-lieu recharge through delivery of water to persons
21that otherwise extract groundwater, leaving groundwater in the
22basin.end delete
begin insert means.end insert

23(j) “Groundwater sustainability agency” means one or more
24local agencies that implement the provisions of this part. For
25purposes of imposing fees pursuant to Chapter 8 (commencing
26with Section 10730) or taking action to enforce a groundwater
27sustainability plan, “groundwater sustainability agency” also means
28each local agency comprising the groundwater sustainability
29agency if the plan authorizes separate agency action.

30(k) “Groundwater sustainability plan” or “plan” means a plan
31of a groundwater sustainability agency proposed or adopted
32pursuant to this part.

33(l) “Groundwater sustainability program” means a coordinated
34and ongoing activity undertaken to benefit a basin, pursuant to a
35groundwater sustainability plan.

begin insert

36(m) “In-lieu use” means the use of surface water by persons
37that could otherwise extract groundwater in order to leave
38groundwater in the basin.

end insert
begin delete

39(m)

end delete

P10   1begin insert(n)end insert “Local agency” means a local public agency that has water
2supply, water management, or land use responsibilities within a
3groundwater basin.

begin delete

4(n)

end delete

5begin insert(o)end insert “Operator” means a person operating a groundwater
6extraction facility. The owner of a groundwater extraction facility
7shall be conclusively presumed to be the operator unless a
8satisfactory showing is made to the governing body of the
9groundwater sustainability agency that the groundwater extraction
10facility actually is operated by some other person.

begin delete

11(o)

end delete

12begin insert(p)end insert “Owner” means a person owning a groundwater extraction
13facility or an interest in a groundwater extraction facility other
14than a lien to secure the payment of a debt or other obligation.

begin delete

15(p)

end delete

16begin insert(q)end insert “Personal information” has the same meaning as defined in
17Section 1798.3 of the Civil Code.

begin delete

18(q)

end delete

19begin insert(r)end insert “Planning and implementation horizon” means a 50-year
20time period over which a groundwater sustainability agency
21determines that plans and measures will be implemented in a basin
22to ensure that the basin is operated within its sustainable yield.

begin delete

23(r)

end delete

24begin insert(s)end insert “Public water system” has the same meaning as defined in
25Section 116275 of the Health and Safety Code.

begin delete

26(s)

end delete

27begin insert(t)end insert “Recharge area” means the area that supplies water to an
28aquifer in a groundwater basin.

begin delete

29(t)

end delete

30begin insert(u)end insert “Sustainability goal” means the existence and
31implementation of one or more groundwater sustainability plans
32that achieve sustainable groundwater management by identifying
33and causing the implementation of measures targeted to ensure
34that the applicable basin is operated within its sustainable yield.

begin delete

35(u)

end delete

36begin insert(v)end insert “Sustainable groundwater management” means the
37management and use of groundwater in a manner that can be
38maintained during the planning and implementation horizon
39without causing undesirable results.

begin delete

40(v)

end delete

P11   1begin insert(w)end insert “Sustainable yield” means the maximum quantity of water,
2calculated over a base period representative of long-term conditions
3in the basin and including any temporary surplus, that can be
4withdrawn annually from a groundwater supply without causing
5an undesirable result.

begin delete

6(w)

end delete

7begin insert(x)end insert “Undesirable result” means one or more of the following
8effects caused by groundwater conditions occurring throughout
9the basin:

10(1) Chronic lowering of groundwater levels indicating a
11significant and unreasonable depletion of supply if continued over
12the planning and implementation horizon. Overdraft during a period
13of drought is not sufficient to establish a chronic lowering of
14groundwater levels if extractions and groundwater recharge are
15managed as necessary to ensure that reductions in groundwater
16levels or storage during a period of drought are offset by increases
17in groundwater levels or storage during other periods.

18(2) Significant and unreasonable reduction of groundwater
19storage.

20(3) Significant and unreasonable seawater intrusion.

21(4) Significant and unreasonable degraded water quality,
22including the migration of contaminant plumes that impair water
23supplies.

24(5) Significant and unreasonable land subsidence that
25substantially interferes with surface land uses.

26(6) Depletions of interconnected surface water that have
27significant and unreasonable adverse impacts on beneficial uses
28of the surface water.

begin delete

29(x)

end delete

30begin insert(y)end insert “Water budget” means an accounting of the total
31groundwater and surface water entering and leaving a basin
32including the changes in the amount of water stored.

begin delete

33(y)

end delete

34begin insert(z)end insert “Watermaster” means a watermaster appointed by a court
35or pursuant to other law.

begin delete

36(z)

end delete

37begin insert(aa)end insert “Water year” means the period from October 1 through
38the following September 30, inclusive.

begin delete

39(aa)

end delete

P12   1begin insert(ab)end insert “Wellhead protection area” means the surface and
2subsurface area surrounding a water well or well field that supplies
3a public water system through which contaminants are reasonably
4likely to migrate toward the water well or well field.

begin delete
5

SEC. 5.  

Section 10723.6 of the Water Code is amended to read:

6

10723.6.  

(a) A combination of local agencies or a combination
7of one or more local agencies and one or more mutual water
8companies may form a groundwater sustainability agency by using
9any of the following methods:

10(1) A joint powers agreement, pursuant to the Joint Exercise of
11Powers Act (Chapter 5 (commencing with Section 6500) of
12Division 7 of Title 1 of the Government Code), which may include
13a mutual water company pursuant to Section 6525 of the
14Government Code.

15(2) A memorandum of agreement or other legal agreement.

16(b) A water corporation regulated by the Public Utilities
17Commission may participate in a groundwater sustainability agency
18if the other parties in the groundwater sustainability agency
19approve.

20(c) A groundwater sustainability agency formed pursuant to a
21joint powers agreement may exercise all of the powers granted
22pursuant to this part. The signatories to a joint powers agreement
23forming a groundwater sustainability agency are deemed to hold
24in common the powers granted to a groundwater sustainability
25agency pursuant to this part in order for the groundwater
26sustainability agency to exercise those powers. Nothing in this
27section shall be construed to grant any power to a mutual water
28company, water corporation, or local agency that participates in
29an agreement authorized under this section that is not otherwise
30granted to the mutual water company, water corporation, or local
31agency, pursuant to other provisions of law.

32

SEC. 6.  

Section 10723.8 of the Water Code is amended to read:

33

10723.8.  

(a) Within 30 days of electing to be or forming a
34groundwater sustainability agency, the groundwater sustainability
35agency shall inform the department of its election or formation
36and its intent to undertake sustainable groundwater management.
37The notification shall include the following information, as
38applicable:

P13   1(1) The service area boundaries, the basin the agency is
2managing, and the other groundwater sustainability agencies
3operating within the basin.

4(2) A copy of the resolution forming the new agency.

5(3) A copy of any new bylaws, ordinances, or new authorities
6adopted by the local agency.

7(4) A list of interested parties developed pursuant to Section
810723.2 and an explanation of how their interests will be
9considered in the development and operation of the groundwater
10sustainability agency and the development and implementation of
11the agency’s sustainability plan.

12(b) Except as provided in subdivision (d), 90 days following
13the posting of the notice pursuant to this section, the groundwater
14sustainability agency shall be presumed the exclusive groundwater
15sustainability agency within the area of the basin the agency is
16managing as described in the notice, provided that no other notice
17was submitted.

18(c) A groundwater sustainability agency may withdraw from
19managing a basin by notifying the department in writing of its
20intent to withdraw.

21(d) This section does not preclude the board from taking an
22action pursuant to Section 10735.6.

23(e) The department shall post all notices received under this
24section in accordance with Section 10733.3.

25(f) The department shall evaluate the proposed boundaries of
26the basin or portion of the basin that a local agency or combination
27of local agencies intends to manage, based on notices submitted
28pursuant to subdivision (d) of Section 10723, and determine
29whether there is an area within the basin that is not within the
30management area of a groundwater sustainability agency.

31

SEC. 7.  

Section 10724 of the Water Code is amended to read:

32

10724.  

(a) In the event that there is an area within a basin that
33is not within the management area of a groundwater sustainability
34agency, the department shall notify the county within which that
35unmanaged area lies that the county will be presumed to be the
36groundwater sustainability agency for that area.

37(b) A county described in subdivision (a) shall provide
38notification to the department pursuant to Section 10723.8 unless
39the county notifies the department that it will not be the
40groundwater sustainability agency for the area. Extractions of
P14   1 groundwater made on or after July 1, 2017, in that area shall be
2subject to reporting in accordance with Part 5.2 (commencing with
3Section 5200) of Division 2 if the county does either of the
4following:

5(1) Notifies the department that it will not be the groundwater
6sustainability agency for an area.

7(2) Fails to provide notification to the department pursuant to
8Section 10723.8 for an area on or before June 30, 2017.

9(c) The department shall notify the board when a county notifies
10the department that it will not be the groundwater sustainability
11agency for an area within a basin that is not within the management
12area of a groundwater sustainability agency or fails to provide
13notification pursuant to paragraph (2) of subdivision (b).

14

SEC. 8.  

Section 10725 of the Water Code is amended to read:

15

10725.  

(a) A groundwater sustainability agency may exercise
16any of the powers described in this chapter in implementing this
17part, in addition to, and not as a limitation on, any existing
18authority, if the groundwater sustainability agency adopts a
19groundwater sustainability plan or submits to the department a
20prescribed alternative in accordance with Section 10733.6.

21(b) A groundwater sustainability agency has and may use the
22powers in this chapter to provide the maximum degree of local
23control and flexibility consistent with the sustainability goals of
24this part.

end delete
25

begin deleteSEC. 9.end delete
26begin insertSEC. 4.end insert  

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

27

10726.5.  

In addition to any other authority granted to a
28groundwater sustainability agency by this part or other law, a
29groundwater sustainability agency may enter into written
30agreements and funding with a private party to assist in, or facilitate
31the implementation of, a groundwater sustainability plan or any
32elements of the plan.

begin delete
33

SEC. 10.  

Section 10726.8 of the Water Code is amended to
34read:

35

10726.8.  

(a) This part is in addition to, and not a limitation
36on, the authority granted to a local agency under any other law.
37The local agency may use the local agency’s authority under any
38other law to apply and enforce any requirements of this part,
39including, but not limited to, the collection of fees.

P15   1(b) Nothing in this part shall be construed as authorizing a local
2agency to make a binding determination of the water rights of any
3person or entity.

4(c) Nothing in this part is a limitation on the authority of the
5board, the department, or the State Department of Public Health.

6(d) Notwithstanding Section 6103 of the Government Code, a
7 state or local agency that extracts groundwater shall be subject to
8a fee imposed under this part to the same extent as any
9nongovernmental entity.

10(e) Except as provided in subdivision (d), this part does not
11authorize a local agency to impose any requirement on the state
12or any agency, department, or officer of the state. State agencies
13and departments shall work cooperatively with a local agency on
14a voluntary basis.

15(f) If a groundwater sustainability agency finds that a state entity
16is not working cooperatively regarding implementation of a
17groundwater sustainability plan, the groundwater sustainability
18agency may file notice with the board regarding its finding. The
19board shall notice proceedings to investigate the finding of the
20groundwater sustainability agency. If the board determines that
21the failure of the state entity to work cooperatively regarding
22implementation of a groundwater sustainability plan compromises
23the ability of the groundwater sustainability agency to implement
24the plan in a manner that will likely achieve the sustainability goal,
25the board may direct the state entity to cooperate in the
26implementation of the groundwater sustainability plan unless the
27state entity indicates its authority for not complying with a
28groundwater sustainability plan in the same manner as subdivision
29(f) of Section 10735.8.

30(g) Nothing in this chapter or a groundwater sustainability plan
31shall be interpreted as superseding the land use authority of cities
32and counties, including the city or county general plan, within the
33overlying basin.

34

SEC. 11.  

Section 10727 of the Water Code is amended to read:

35

10727.  

(a) A groundwater sustainability plan shall be
36developed and implemented for each medium- or high-priority
37basin by a groundwater sustainability agency to meet the
38sustainability goal established pursuant to this part. The
39groundwater sustainability plan may incorporate, extend, or be
P16   1based on a plan adopted pursuant to Part 2.75 (commencing with
2Section 10750).

3(b) A groundwater sustainability plan may be any of the
4following:

5(1) A single plan covering the entire basin developed and
6implemented by one groundwater sustainability agency.

7(2) A single plan covering the entire basin developed and
8implemented by multiple groundwater sustainability agencies.

9(3) Subject to Section 10727.6 and subdivision (d) of Section
1010735.4, multiple plans implemented by multiple groundwater
11sustainability agencies and coordinated pursuant to a single
12coordination agreement that covers the entire basin.

13

SEC. 12.  

Section 10727.2 of the Water Code is amended to
14read:

15

10727.2.  

A groundwater sustainability plan shall include all
16of the following:

17(a) A description of the physical setting and characteristics of
18the aquifer system underlying the basin that includes the following:

19(1) Historical data, to the extent available.

20(2) Groundwater levels, groundwater quality, subsidence, and
21groundwater-surface water interaction.

22(3) A general discussion of historical and projected water
23demands and supplies.

24(4) A map that details the area of the basin and the boundaries
25of the groundwater sustainability agencies that overlie the basin
26that have or are developing groundwater sustainability plans.

27(5) A map identifying existing and potential recharge areas for
28the basin. The map or maps shall identify the existing recharge
29areas that substantially contribute to the replenishment of the
30groundwater basin. The map or maps shall be provided to the
31appropriate local planning agencies after adoption of the
32groundwater sustainability plan.

33(b) (1) Measurable objectives, as well as interim milestones in
34increments of five years, to achieve the sustainability goal in the
35basin within 20 years of the implementation of the plan.

36(2) A description of how the plan helps meet each objective and
37how each objective is intended to achieve the sustainability goal
38for the basin for long-term beneficial uses of groundwater.

39(3) (A) Notwithstanding paragraph (1), at the request of the
40groundwater sustainability agency, the department may grant an
P17   1extension of up to five years beyond the 20-year sustainability
2timeframe upon a showing of good cause. The department may
3grant a second extension of up to five years upon a showing of
4good cause if the groundwater sustainability agency has begun
5implementation of the work plan described in clause (iii) of
6subparagraph (B). For purposes of this paragraph, “good cause”
7includes litigation that prevented a groundwater sustainability plan
8or program from being implemented in a manner likely to achieve
9the sustainability goal as described in subdivision (d) of Section
1010735.2.

11(B) The department may grant an extension pursuant to this
12paragraph if the groundwater sustainability agency does all of the
13following:

14(i) Demonstrates a need for an extension.

15(ii) Has made progress toward meeting the sustainability goal
16as demonstrated by its progress at achieving the milestones
17identified in its groundwater sustainability plan.

18(iii) Adopts a feasible work plan for meeting the sustainability
19goal during the extension period.

20(4) The plan may, but is not required to, address undesirable
21results that occurred before, and have not been corrected by,
22January 1, 2015. Notwithstanding paragraphs (1) to (3), inclusive,
23a groundwater sustainability agency has discretion as to whether
24to set measurable objectives and the timeframes for achieving any
25objectives for undesirable results that occurred before, and have
26not been corrected by, January 1, 2015.

27(c) A planning and implementation horizon.

28(d) Components relating to the following, as applicable to the
29basin:

30(1) The monitoring and management of groundwater levels
31within the basin.

32(2) The monitoring and management of groundwater quality,
33groundwater quality degradation, inelastic land surface subsidence,
34and changes in surface flow and surface water quality that directly
35affect groundwater levels or quality or are caused by groundwater
36extraction in the basin.

37(3) Mitigation of overdraft.

38(4) How recharge areas identified in the plan substantially
39contribute to the replenishment of the basin.

P18   1(5) A description of surface water supply used or available for
2use for groundwater recharge.

3(e) A summary of the type of monitoring sites, type of
4measurements, and the frequency of monitoring for each location
5monitoring groundwater levels, groundwater quality, subsidence,
6streamflow, precipitation, evaporation, and tidal influence. The
7plan shall include a summary of monitoring information such as
8well depth, screened intervals, and aquifer zones monitored, and
9a summary of the type of well relied on for the information,
10including public, irrigation, domestic, industrial, and monitoring
11wells.

12(f) Monitoring protocols that are designed to detect changes in
13groundwater levels, groundwater quality, inelastic surface
14subsidence for basins for which subsidence has been identified as
15a potential problem, and flow and quality of surface water that
16directly affect groundwater levels or quality or are caused by
17groundwater extraction in the basin. The monitoring protocols
18shall be designed to generate information that promotes efficient
19and effective groundwater management.

20(g) A description of the consideration given to the applicable
21county and city general plans and a description of the various
22adopted water resources-related plans and programs within the
23basin and an assessment of how the groundwater sustainability
24plan may affect those plans.

end delete
25

begin deleteSEC. 13.end delete
26begin insertSEC. 5.end insert  

Section 10727.4 of the Water Code is amended to read:

27

10727.4.  

In addition to the requirements of Section 10727.2,
28a groundwater sustainability plan shall include, where appropriate
29and in collaboration with the appropriate local agencies, all of the
30following:

31(a) Control of saline water intrusion.

32(b) Wellhead protection areas and recharge areas.

33(c) Migration of contaminated groundwater.

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

35(e) Replenishment of groundwater extractions.

36(f) Activities implementing, opportunities for, and removing
37impediments to, conjunctive use or underground storage.

38(g) Well construction policies.

P19   1(h) Measures addressing groundwater contamination cleanup,
2 groundwater recharge,begin insert in-lieu use,end insert diversions to storage,
3conservation, water recycling, conveyance, and extraction projects.

4(i) Efficient water management practices, as defined in Section
510902, for the delivery of water and water conservation methods
6to improve the efficiency of water use.

7(j) Efforts to develop relationships with state and federal
8regulatory agencies.

9(k) Processes to review land use plans and efforts to coordinate
10with land use planning agencies to assess activities that potentially
11create risks to groundwater quality or quantity.

12(l) Impacts on groundwater dependent ecosystems.

13

begin deleteSEC. 14.end delete
14begin insertSEC. 6.end insert  

Section 10727.6 of the Water Code is amended to read:

15

10727.6.  

Groundwater sustainability agencies intending to
16develop and implement multiple groundwater sustainability plans
17pursuant to paragraph (3) of subdivision (b) of Section 10727 shall
18coordinate with other agencies preparing a groundwater
19sustainability plan within the basin to ensure that the plans utilize
20consistent data and methodologies for the following assumptions
21in developing the plans:

22(a) Groundwater elevation data.

23(b) Groundwater extraction data.

24(c) Surface water supply.

25(d) Total water use.

26(e) Change in groundwater storage.

27(f) Water budget.

28(g) Sustainable yield.

begin delete29

SEC. 15.  

Section 10728 of the Water Code is amended to read:

30

10728.  

On the April 1 following the adoption of a groundwater
31sustainability plan and annually thereafter, a groundwater
32sustainability agency shall submit a report to the department
33containing the following information about the basin managed in
34the groundwater sustainability plan:

35(a) Groundwater elevation data.

36(b) Annual aggregated data identifying groundwater extraction
37for the preceding water year.

38(c) Surface water supply used for or available for use for
39groundwater recharge.

40(d) Total water use.

P20   1(e) Change in groundwater storage.

end delete
begin delete2

SEC. 16.  

Section 10728.6 of the Water Code is amended to
3read:

4

10728.6.  

Division 13 (commencing with Section 21000) of the
5Public Resources Code does not apply to the preparation and
6adoption of plans pursuant to this chapter. The formation of or
7election to become a groundwater sustainability agency is not
8subject to the requirements of Division 13 (commencing with
9Section 21000) of the Public Resources Code. Nothing in this part
10shall be interpreted as exempting from Division 13 (commencing
11with Section 21000) of the Public Resources Code a project that
12would implement actions taken pursuant to a plan adopted pursuant
13to this chapter.

end delete
14begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 10732.2 is added to the end insertbegin insertWater Codeend insertbegin insert, to read:end insert

begin insert
15

begin insert10732.2.end insert  

If a groundwater sustainability agency finds that a
16state entity is not working cooperatively regarding implementation
17of a groundwater sustainability plan, the groundwater
18sustainability agency may file notice with the board regarding its
19finding. The board shall notice proceedings to investigate the
20finding of the groundwater sustainability agency. If the board
21determines that the failure of the state entity to work cooperatively
22regarding implementation of a groundwater sustainability plan
23compromises the ability of the groundwater sustainability agency
24to implement the plan in a manner that will likely achieve the
25sustainability goal, the board may direct the state entity to
26cooperate in the implementation of the groundwater sustainability
27plan unless the state entity indicates its authority for not complying
28with a groundwater sustainability plan in the same manner as
29subdivision (f) of Section 10735.8.

end insert
30

begin deleteSEC. 17.end delete
31begin insertSEC. 8.end insert  

Section 10733.4 of the Water Code is amended to read:

32

10733.4.  

(a) Upon adoption of a groundwater sustainability
33plan, a groundwater sustainability agency shall submit the
34groundwater sustainability plan to the department for review
35pursuant to this chapter.

36(b) If groundwater sustainability agencies develop multiple
37groundwater sustainability plans for a basin, the submission
38required by subdivision (a) shall not occur until the entire basin is
39covered by groundwater sustainabilitybegin delete plans, except if the basin
40has been designated as a probationary basin by the board, then
P21   1groundwater sustainability plans covering portions of a basin that
2have been excluded from probationary status by the board may be
3submitted to the department. Theend delete
begin insert plans. When the entire basin is
4covered by groundwater sustainability plans, theend insert
groundwater
5sustainability agencies shall jointly submit to the department all
6of the following:

7(1) The groundwater sustainability plans.

8(2) An explanation of how the groundwater sustainability plans
9implemented together satisfy Sections 10727.2, 10727.4, and
1010727.6 for the entire basin.

11(3) A copy of the coordination agreement between the
12groundwater sustainability agencies to ensure the coordinated
13implementation of the groundwater sustainability plans for the
14entire basin.

15(c) Upon receipt of a groundwater sustainability plan, the
16department shall post the plan on the department’s Internet Web
17site and provide 60 days for persons to submit comments to the
18department about the plan.

19(d) The department shall evaluate the groundwater sustainability
20plan within two years of its submission by a groundwater
21sustainability agency and issue an assessment of the plan. The
22assessment may include recommended corrective actions to address
23any deficiencies identified by the department.

24(e) Nothing in this section shall be construed to prohibit a
25groundwater sustainability agency from implementing a
26groundwater sustainability plan prior to evaluation and assessment
27of the groundwater sustainability plan by the department.

begin delete
28

SEC. 18.  

Section 10735 of the Water Code is amended to read:

29

10735.  

As used in this chapter, the following terms have the
30following meanings:

31(a) “Condition of long-term overdraft” means the condition of
32a groundwater basin where the average annual amount of water
33extracted for a long-term period, generally 10 years or more,
34exceeds the long-term average annual supply of water to the basin,
35plus any temporary surplus. Overdraft during a period of drought
36is not sufficient to establish a condition of long-term overdraft if
37extractions and groundwater recharge are managed as necessary
38to ensure that reductions in groundwater levels or storage during
39a period of drought are offset by increases in groundwater levels
40or storage during other periods.

P22   1(b) “Person” means any person, firm, association, organization,
2partnership, business, trust, corporation, limited liability company,
3or public agency, including any city, county, city and county,
4district, joint powers authority, state, or any agency or department
5of those entities. “Person” includes, to the extent authorized by
6federal or tribal law and subject to the limitations described in
7subdivisions (c) and (d) of Section 10720.3, the United States, a
8department, agency, or instrumentality of the federal government,
9an Indian tribe, an authorized Indian tribal organization, or
10interstate body.

11(c) “Probationary basin” means a basin for which the board has
12issued a determination under Section 10735.2.

13(d) “Significant depletions of interconnected surface waters”
14means reductions in flow or levels of surface water that is
15hydrologically connected to the basin such that the reduced surface
16water flow or levels have a significant and unreasonable adverse
17impact on beneficial uses of the surface water.

18

SEC. 19.  

Section 10735.2 of the Water Code is amended to
19read:

20

10735.2.  

(a) The board, after notice and a public hearing, may
21designate a basin as a probationary basin, if the board finds one
22or more of the following applies to the basin:

23(1) After June 30, 2017, none of the following have occurred:

24(A)  A local agency has elected to be a groundwater
25sustainability agency that intends to develop a groundwater
26sustainability plan for the entire basin.

27(B)  A collection of local agencies has formed a groundwater
28sustainability agency or prepared agreements to develop one or
29more groundwater sustainability plans that will collectively serve
30as a groundwater sustainability plan for the entire basin.

31(C)  A local agency has submitted an alternative that has been
32approved or is pending approval pursuant to Section 10733.6. If
33the department disapproves an alternative pursuant to Section
3410733.6, the board shall not act under this paragraph until at least
35180 days after the department disapproved the alternative.

36(2)  The basin is subject to paragraph (1) of subdivision (a) of
37Section 10720.7, and after January 31, 2020, none of the following
38have occurred:

39(A)  A groundwater sustainability agency has adopted a
40groundwater sustainability plan for the entire basin.

P23   1(B)  A collection of local agencies has adopted groundwater
2sustainability plans that collectively serve as a groundwater
3sustainability plan for the entire basin.

4(C) The department has approved an alternative pursuant to
5Section 10733.6.

6(3) The basin is subject to paragraph (1) of subdivision (a) of
7Section 10720.7 and after January 31, 2020, the department, in
8consultation with the board, determines that a groundwater
9sustainability plan is inadequate or that the groundwater
10sustainability program is not being implemented in a manner that
11will likely achieve the sustainability goal.

12(4) The basin is subject to paragraph (2) of subdivision (a) of
13Section 10720.7, and after January 31, 2022, none of the following
14have occurred:

15(A) A groundwater sustainability agency has adopted a
16groundwater sustainability plan for the entire basin.

17(B) A collection of local agencies has adopted groundwater
18sustainability plans that collectively serve as a groundwater
19sustainability plan for the entire basin.

20(C) The department has approved an alternative pursuant to
21Section 10733.6.

22(5) The basin is subject to paragraph (2) of subdivision (a) of
23Section 10720.7, and either of the following have occurred:

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

25(i) The department, in consultation with the board, determines
26that a groundwater sustainability plan is inadequate or that the
27groundwater sustainability plan is not being implemented in a
28manner that will likely achieve the sustainability goal.

29(ii) The board determines that the basin is in a condition of
30long-term overdraft.

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

32(i) The department, in consultation with the board, determines
33that a groundwater sustainability plan is inadequate or that the
34groundwater sustainability plan is not being implemented in a
35manner that will likely achieve the sustainability goal.

36(ii) The board determines that the basin is in a condition where
37groundwater extractions result in significant depletions of
38interconnected surface waters.

39(b) In making the findings associated with paragraph (3) or (5)
40of subdivision (a), the department and board may rely on periodic
P24   1assessments the department has prepared pursuant to Chapter 10
2(commencing with Section 10733). The board may request that
3the department conduct additional assessments utilizing the
4regulations developed pursuant to Chapter 10 (commencing with
5Section 10733) and make determinations pursuant to this section.
6The board shall post on its Internet Web site and provide at least
730 days for the public to comment on any determinations provided
8by the department pursuant to this subdivision.

9(c) (1)   The determination may exclude a class or category of
10extractions from the requirement for reporting pursuant to Part 5.2
11(commencing with Section 5200) of Division 2 if those extractions
12are subject to a local plan or program that adequately manages
13groundwater within the portion of the basin to which that plan or
14program applies, or if those extractions are likely to have a minimal
15impact on basin withdrawals.

16(2) The determination may require reporting of a class or
17category of extractions that would otherwise be exempt from
18reporting pursuant to paragraph (1) of subdivision (c) of Section
195202 if those extractions are likely to have a substantial impact on
20basin withdrawals or requiring reporting of those extractions is
21reasonably necessary to obtain information for purposes of this
22chapter.

23(3) The determination may establish requirements for
24information required to be included in reports of groundwater
25extraction, for installation of measuring devices, or for use of a
26methodology, measuring device, or both, pursuant to Part 5.2
27(commencing with Section 5200) of Division 2.

28(4) The determination may modify the water year or reporting
29date for a report of groundwater extraction pursuant to Section
305202.

31(d) If the board finds that litigation challenging the formation
32of a groundwater sustainability agency prevented its formation
33before July 1, 2017, pursuant to paragraph (1) of subdivision (a)
34or prevented a groundwater sustainability program from being
35implemented in a manner likely to achieve the sustainability goal
36pursuant to paragraph (3), (4), or (5) of subdivision (a), the board
37shall not designate a basin as a probationary basin for a period of
38time equal to the delay caused by the litigation.

39(e) The board shall exclude from probationary status any portion
40of a basin for which a groundwater sustainability agency
P25   1 demonstrates that it has adopted a groundwater sustainability plan
2and that it is being implemented in a manner that will likely achieve
3the sustainability goal.

4

SEC. 20.  

Section 10735.4 of the Water Code is amended to
5read:

6

10735.4.  

(a) If the board designates a basin as a probationary
7basin pursuant to paragraph (1) or (2) of subdivision (a) of Section
810735.2, a local agency or groundwater sustainability agency shall
9have 180 days to remedy the deficiency. The board may appoint
10a mediator or other facilitator, after consultation with affected local
11agencies, to assist in resolving disputes, and identifying and
12implementing actions that will remedy the deficiency.

13(b) After the 180-day period provided by subdivision (a), the
14board may provide additional time to remedy the deficiency if it
15finds that a local agency is making substantial progress toward
16remedying the deficiency.

17(c) The board may develop an interim plan pursuant to Section
1810735.8 for the probationary basin at the end of the period provided
19by subdivision (a) or any extension provided pursuant to
20subdivision (b), if the board, in consultation with the department,
21determines that a local agency has not remedied the deficiency
22that resulted in designating the basin as a probationary basin.

23(d) The board shall notify the department if it will develop an
24interim plan for the probationary basin and shall identify that
25portion of a basin that has been excluded pursuant to subdivision
26(e) of Section 10735.2.

27

SEC. 21.  

The amendment of Section 10728.6 of the Water
28Code made by this act does not constitute a change in, but is
29declaratory of, existing law.

end delete


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