Bill Text: CA AB938 | 2015-2016 | Regular Session | Amended
Bill Title: Sustainable Groundwater Management Act: adjudicated basins.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB938 Detail]
Download: California-2015-AB938-Amended.html
BILL NUMBER: AB 938 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 9, 2016
AMENDED IN SENATE FEBRUARY 11, 2016
INTRODUCED BY Assembly Member Rodriguez
FEBRUARY 26, 2015
An act to amend Section 10722.4 of the Water Code,
relating to groundwater. An act to amend Section
10720.8 of the Water Code, relating to groundwater , and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 938, as amended, Rodriguez. Groundwater: basin
reprioritization: establishment of groundwater sustainability agency.
Sustainable Groundwater Management Act: adjudicated
basins.
Existing law specifies the jurisdiction of the courts. Under
existing law, courts may adjudicate rights to produce groundwater and
exercise other powers relating to the supervision of a groundwater
basin.
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 overdraft to be managed under a groundwater
sustainability plan or coordinated groundwater sustainability plans
by January 31, 2020, and requires all other 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. Under existing law, the
provisions of the act do not apply to an adjudicated groundwater
basin, as specified, or to a local agency that conforms to the
requirements of an adjudication of water rights for an adjudicated
groundwater basin.
This bill would authorize the watermaster or local agency
administering an adjudicated basin to elect that the adjudicated
basin be subject to the provisions of the act. The bill would
authorize the court with jurisdiction over the adjudicated basin to
issue an order setting a hearing to determine whether the adjudicated
basin shall be subject to the act, as prescribed. The bill would
require the watermaster or local agency to provide written notice to
the department that the adjudicated basin is subject to the act, and
would require the department to post that notice to its Internet Web
site within 15 days.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law requires the Department of Water Resources to
identify the extent of monitoring of groundwater elevations that is
being undertaken within each groundwater basin or subbasin and to
prioritize basins or subbasins as high, medium, low, or very low
priority and requires the initial priority for each basin to be
established no later than January 31, 2015. Existing law, the
Sustainable Groundwater Management Act, requires all groundwater
basins designated as high- or medium-priority basins by the
department 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. The
act requires, any time the department changes these basin priorities
and elevates a basin to a medium- or high-priority basin after
January 31, 2015, a local agency or combination of local agencies
overlying a groundwater basin to either establish a groundwater
sustainability agency within 2 years of reprioritization and adopt a
groundwater sustainability plan within 5 years of reprioritization,
or to submit an alternative to the department that the local agency
believes satisfies the objectives of these provisions within 2 years
of reprioritization.
This bill would make nonsubstantive changes to these groundwater
basin provisions.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10720.8 of the Water
Code is amended to read:
10720.8. (a) Except as provided in subdivision (e), this part
does not apply to the following adjudicated areas or a local agency
that conforms to the requirements of an adjudication of water rights
for one of the following adjudicated areas:
(1) Beaumont Basin.
(2) Brite Basin.
(3) Central Basin.
(4) Chino Basin.
(5) Cucamonga Basin.
(6) Cummings Basin.
(7) Goleta Basin.
(8) Lytle Basin.
(9) Main San Gabriel Basin.
(10) Mojave Basin Area.
(11) Puente Basin.
(12) Raymond Basin.
(13) Rialto-Colton Basin.
(14) Riverside Basin.
(15) San Bernardino Basin Area.
(16) San Jacinto Basin.
(17) Santa Margarita River Watershed.
(18) Santa Maria Valley Basin.
(19) Santa Paula Basin.
(20) Scott River Stream System.
(21) Seaside Basin.
(22) Six Basins.
(23) Tehachapi Basin.
(24) Upper Los Angeles River Area.
(25) Warren Valley Basin.
(26) West Coast Basin.
(b) The Antelope Valley basin at issue in the Antelope Valley
Groundwater Cases (Judicial Council Coordination Proceeding Number
4408) shall be treated as an adjudicated basin pursuant to this
section if the superior court issues a final judgment, order, or
decree.
(c) Any groundwater basin or portion of a groundwater basin in
Inyo County managed pursuant to the terms of the stipulated judgment
in City of Los Angeles v. Board of Supervisors of the County of Inyo,
et al. (Inyo County Case No. 12908) shall be treated as an
adjudicated area pursuant to this section.
(d) The Los Osos Groundwater Basin at issue in Los Osos Community
Service District v. Southern California Water Company Golden
State Water Company] et al. (San Luis Obispo County Superior Court
Case No. CV 040126) shall be treated as an adjudicated basin pursuant
to this section if the superior court issues a final judgment,
order, or decree.
(e) If an adjudication action has determined the rights to extract
groundwater for only a portion of a basin, subdivisions (a), (b),
(c), and (d) apply only within the area for which the adjudication
action has determined those rights.
(f) A watermaster or local agency administering an adjudicated
basin may elect that the adjudicated basin be subject to the
provisions of this part as follows:
(1) The watermaster or local agency shall provide written notice
of the proposed election to the court with jurisdiction over the
adjudicated basin and to all parties over which the court has
continuing jurisdiction in connection with the adjudication decree
adopted by the court for that adjudicated basin.
(2) The court with jurisdiction over the adjudicated basin may
order a hearing to determine whether the adjudicated basin shall be
subject to this part. If, on its own motion, the court determines
that a hearing on the request is appropriate, the court shall issue
an order setting a hearing within 60 days of the date on which the
court receives notice pursuant to paragraph (1). If a party that
receives notice pursuant to paragraph (1) wishes the court to hold a
hearing on the request, the party shall file a motion with the court
requesting a hearing within 30 days of the date of the notice and the
court may issue an order either setting a hearing or denying the
request for a hearing within 60 days of the date of the notice.
(3) After a hearing held pursuant to paragraph (2), the court
shall issue an order that states whether the adjudicated basin shall
be subject to this part.
(4) If the court does not issue an order setting a hearing within
the time limits described in paragraph (2), the adjudicated basin
shall be subject to this part.
(5) The court shall maintain continuing jurisdiction over the
watermaster's or local agency's administration of the adjudicated
basin.
(6) If the adjudicated basin is determined to be subject to the
requirements of this part pursuant to paragraph (3) or (4), the
watermaster or local agency administering the adjudicated basin shall
provide written notice to the department that the adjudicated basin
is subject to this part. The department shall post all notices it
receives pursuant to this paragraph on its Internet Web site within
15 days.
(7) Nothing in this part shall be construed in a manner that would
do either of the following:
(A) Require the watermaster or local agency that administers an
adjudicated basin to violate the adjudication decree.
(B) Deprive a court with jurisdiction over an adjudicated basin of
its authority to enforce compliance with the adjudication decree.
(f)
(g) The watermaster or a local agency within a basin
identified in subdivision (a) shall do all of the following:
(1) By April 1, 2016, submit to the department a copy of a
governing final judgment, or other judicial order or decree, and any
amendments entered before April 1, 2016.
(2) Within 90 days of entry by a court, submit to the department a
copy of any amendment made and entered by the court to the governing
final judgment or other judicial order or decree on or after April
1, 2016.
(3) By April 1, 2016, and annually thereafter, submit to the
department a report containing the following information to the
extent available for the portion of the basin subject to the
adjudication:
(A) Groundwater elevation data unless otherwise submitted pursuant
to Section 10932.
(B) Annual aggregated data identifying groundwater extraction for
the preceding water year.
(C) Surface water supply used for or available for use for
groundwater recharge or in-lieu use.
(D) Total water use.
(E) Change in groundwater storage.
(F) The annual report submitted to the court.
SEC. 2. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to permit groundwater sustainability agencies to include
entities representing adjudicated basins to meet organizational
deadlines of the act and to respond to emergency conditions caused by
declining groundwater tables caused by the prolonged drought, it is
necessary that the act take effect immediately.
SECTION 1. Section 10722.4 of the Water Code is
amended to read:
10722.4. (a) Pursuant to Section 10933, for purposes of this
part, the department shall categorize each basin as one of the
following priorities:
(1) High priority.
(2) Medium priority.
(3) Low priority.
(4) Very low priority.
(b) The initial priority for each basin shall be established by
the department pursuant to Section 10933 no later than January 31,
2015.
(c) Any time the department updates Bulletin 118 boundaries
pursuant to subdivision (b) of Section 12924, the department shall
reassess the prioritization pursuant to Section 10933.
(d) If the department changes priorities pursuant to Section 10933
to elevate a basin from a low- or very low priority basin to a
medium- or high-priority basin after January 31, 2015, the agency
formation and planning deadlines of this part shall be extended as
follows:
(1) A local agency, or combination of local agencies overlying a
groundwater basin, shall have two years from the date of
reprioritization to either establish a groundwater sustainability
agency pursuant to Chapter 4 (commencing with Section 10723) or two
years to satisfy the requirements of Section 10733.6.
(2) A groundwater sustainability agency shall have five years from
the date of reprioritization to meet the requirements of subdivision
(a) of Section 10720.7, except that if the reprioritization occurs
before January 31, 2017, a groundwater sustainability agency subject
to paragraph (2) of subdivision (a) of Section 10720.7 shall have
until January 31, 2022.
