Bill Text: CA SB226 | 2015-2016 | Regular Session | Chaptered
Bill Title: Sustainable Groundwater Management Act: groundwater adjudication.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-10-09 - Chaptered by Secretary of State. Chapter 676, Statutes of 2015. [SB226 Detail]
Download: California-2015-SB226-Chaptered.html
BILL NUMBER: SB 226 CHAPTERED
BILL TEXT
CHAPTER 676
FILED WITH SECRETARY OF STATE OCTOBER 9, 2015
APPROVED BY GOVERNOR OCTOBER 9, 2015
PASSED THE SENATE SEPTEMBER 11, 2015
PASSED THE ASSEMBLY SEPTEMBER 10, 2015
AMENDED IN ASSEMBLY SEPTEMBER 3, 2015
AMENDED IN ASSEMBLY SEPTEMBER 1, 2015
AMENDED IN ASSEMBLY AUGUST 17, 2015
AMENDED IN SENATE MAY 5, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Pavley
(Principal coauthor: Assembly Member Alejo)
FEBRUARY 13, 2015
An act to add Section 837.5 to the Code of Civil Procedure, and to
amend Sections 10720.1, 10720.5, and 10722.2 of, and to add Chapter
12 (commencing with Section 10737) to Part 2.74 of Division 6 of, the
Water Code, relating to groundwater.
LEGISLATIVE COUNSEL'S DIGEST
SB 226, Pavley. Sustainable Groundwater Management Act:
groundwater adjudication.
The California Constitution requires that the water resources of
the state be put to beneficial use to the fullest extent of which
they are capable. 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 authorizes a court to order a
reference to the State Water Resources Control Board, as referee, of
any and all issues involved in a suit brought in any court of
competent jurisdiction in this state for determination of rights to
water.
This bill would authorize the state to intervene in a
comprehensive adjudication conducted as specified in AB 1390 of the
2015-16 Regular Session.
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. The act authorizes a local agency to request that the
department revise the boundaries of a basin.
This bill, in an adjudication action to determine rights to
groundwater in a basin that is required to have a groundwater
sustainability plan under the act, would require the court to manage
the proceedings in a manner that minimizes interference with the
timely completion and implementation of a groundwater sustainability
plan, avoids redundancy and unnecessary costs in the development of
technical information and a physical solution, and is consistent with
the attainment of sustainable groundwater management within the
timeframes established by the act. The bill would authorize an entity
that is directed by the court in an adjudication action to file the
request that the department revise the boundaries of a basin.
The act authorizes the state board to designate certain high- and
medium-priority basins as a probationary basin if prescribed criteria
are met. The act authorizes the state board to develop an interim
plan for a probationary basin if the state 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 also requires the
department, at least every 5 years after initial submission, to
review any available groundwater sustainability plan or alternative
and the implementation of the corresponding groundwater
sustainability program for consistency with the act, including
achieving the sustainability goal. The act requires the department to
issue an assessment for each basin for which a plan or alternative
has been submitted that may include recommended corrective actions to
address any deficiencies identified by the department.
The bill would prohibit the provisions relating to probationary
basins and interim plans from applying to a judgment approved by the
court if the judgment is submitted to the department for evaluation
and assessment and the department determines that the judgment
satisfies the objectives of the act for the basin. The bill would
require the department to submit to the court assessments and any
recommended corrective actions for these judgments and would require
the court, after notice and, if necessary, an evidentiary hearing, to
determine whether to amend the judgment to adopt the department's
recommended corrective actions. This bill would prohibit a court from
approving entry of judgment in an adjudication action for a basin
required to have a groundwater sustainability plan under the act
unless the court finds that the judgment will not substantially
impair the ability of a groundwater sustainability agency, the board,
or the department to comply with the act and to achieve sustainable
groundwater management.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 837.5 is added to the Code of Civil Procedure,
immediately following Section 837, to read:
837.5. (a) The state may intervene in a comprehensive
adjudication conducted pursuant to this chapter.
(b) This section does not affect substantive law.
SEC. 2. Section 10720.1 of the Water Code is amended to read:
10720.1. In enacting this part, it is the intent of the
Legislature to do all of the following:
(a) To provide for the sustainable management of groundwater
basins.
(b) To enhance local management of groundwater consistent with
rights to use or store groundwater and Section 2 of Article X of the
California Constitution. It is the intent of the Legislature to
preserve the security of water rights in the state to the greatest
extent possible consistent with the sustainable management of
groundwater.
(c) To establish minimum standards for sustainable groundwater
management.
(d) To provide local groundwater agencies with the authority and
the technical and financial assistance necessary to sustainably
manage groundwater.
(e) To avoid or minimize subsidence.
(f) To improve data collection and understanding about
groundwater.
(g) To increase groundwater storage and remove impediments to
recharge.
(h) To manage groundwater basins through the actions of local
governmental agencies to the greatest extent feasible, while
minimizing state intervention to only when necessary to ensure that
local agencies manage groundwater in a sustainable manner.
(i) To provide a more efficient and cost-effective groundwater
adjudication process that protects water rights, ensures due process,
prevents unnecessary delay, and furthers the objectives of this
part.
SEC. 3. Section 10720.5 of the Water Code is amended to read:
10720.5. (a) Groundwater management pursuant to this part shall
be consistent with Section 2 of Article X of the California
Constitution. Nothing in this part modifies rights or priorities to
use or store groundwater consistent with Section 2 of Article X of
the California Constitution, except that in basins designated medium-
or high-priority basins by the department, no extraction of
groundwater between January 1, 2015, and the date of adoption of a
groundwater sustainability plan pursuant to this part or the approval
by the department of an alternative submitted under Section 10733.6,
whichever is sooner, may be used as evidence of, or to establish or
defend against, any claim of prescription.
(b) Nothing in this part, or in any groundwater management plan
adopted pursuant to this part, determines or alters surface water
rights or groundwater rights under common law or any provision of law
that determines or grants surface water rights.
(c) Water rights may be determined in an adjudication action
pursuant to Chapter 7 (commencing with Section 830) of Title 10 of
Part 2 of the Code of Civil Procedure.
SEC. 4. Section 10722.2 of the Water Code is amended to read:
10722.2. (a) A local agency or an entity directed by the court in
an adjudication action to file the request may request that the
department revise the boundaries of a basin, including the
establishment of new subbasins. A request shall be supported by the
following information:
(1) Information demonstrating that the proposed adjusted basin can
be the subject of sustainable groundwater management.
(2) Technical information regarding the boundaries of, and
conditions in, the proposed adjusted basin.
(3) Information demonstrating that the entity proposing the basin
boundary adjustment consulted with interested local agencies and
public water systems in the affected basins before filing the
proposal with the department.
(4) Other information the department deems necessary to justify
revision of the basin's boundary.
(b) By January 1, 2016, the department shall adopt regulations
regarding the information required to comply with subdivision (a),
including the methodology and criteria to be used to evaluate the
proposed revision. The department shall adopt the regulations,
including any amendments thereto, authorized by this section as
emergency regulations in accordance with the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code). The adoption of these
regulations is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health and safety, or general welfare. Notwithstanding
the Administrative Procedure Act, emergency regulations adopted by
the department pursuant to this section shall not be subject to
review by the Office of Administrative Law and shall remain in effect
until revised by the department.
(c) Methodology and criteria established pursuant to subdivision
(b) shall address all of the following:
(1) How to assess the likelihood that the proposed basin can be
sustainably managed.
(2) How to assess whether the proposed basin would limit the
sustainable management of adjacent basins.
(3) How to assess whether there is a history of sustainable
management of groundwater levels in the proposed basin.
(d) Prior to adopting the regulations pursuant to subdivision (b),
the department shall conduct three public meetings to consider
public comments. The department shall publish the draft regulations
on its Internet Web site at least 30 days before the public meetings.
One meeting shall be conducted at a location in northern California,
one meeting shall be conducted at a location in the central valley
of California, and one meeting shall be conducted at a location in
southern California.
(e) The department shall provide a copy of its draft revision of a
basin's boundaries to the California Water Commission. The
California Water Commission shall hear and comment on the draft
revision within 60 days after the department provides the draft
revision to the commission.
SEC. 5. Chapter 12 (commencing with Section 10737) is added to
Part 2.74 of Division 6 of the Water Code, to read:
CHAPTER 12. DETERMINATION OF RIGHTS TO GROUNDWATER
10737. Except as provided in this chapter, an adjudication action
to determine rights to groundwater in a basin shall be conducted in
accordance with the Code of Civil Procedure, including pursuant to
Chapter 7 (commencing with Section 830) of Title 10 of Part 2 of that
code.
10737.2. In an adjudication action for a basin required to have a
groundwater sustainability plan under this part, the court shall
manage the proceedings in a manner that minimizes interference with
the timely completion and implementation of a groundwater
sustainability plan, avoids redundancy and unnecessary costs in the
development of technical information and a physical solution, and is
consistent with the attainment of sustainable groundwater management
within the timeframes established by this part.
10737.4. (a) Chapter 11 (commencing with Section 10735) shall not
apply to a judgment approved by the court pursuant to Section 850 of
the Code of Civil Procedure if both of the following apply:
(1) A local agency or a party directed by the court to file the
submission submits the judgment to the department for evaluation and
assessment pursuant to paragraph (2) of subdivision (b) of Section
10733.6.
(2) The department determines that the judgment satisfies the
objectives of this part for the basin.
(b) A party or group of parties proposing a stipulated judgment
pursuant to subdivision (b) of Section 850 of the Code of Civil
Procedure may submit the proposed stipulated judgment to the
department for evaluation and assessment pursuant to paragraph (2) of
subdivision (b) of Section 10733.6.
(c) Notwithstanding subdivision (c) of Section 10733.6, a judgment
or proposed stipulated judgment pursuant to this section may be
submitted to the department after January 1, 2017.
(d) A determination of the department on a submission pursuant to
this section is subject to judicial review pursuant to Section 1085
of the Code of Civil Procedure. Venue shall be in the court with
jurisdiction over the adjudication action and the case shall be
coordinated with the adjudication action.
10737.6. If the department determines that a judgment satisfies
the objectives of this part in accordance with paragraph (2) of
subdivision (a) of Section 10737.4, the department shall submit to
the court the assessments and any recommended corrective actions that
the department issues pursuant to Section 10733.8. The court, after
notice and, if necessary, an evidentiary hearing, shall determine
whether to amend the judgment pursuant to Section 852 of the Code of
Civil Procedure to adopt the department's recommended corrective
actions.
10737.8. In addition to making any findings required by
subdivision (a) of Section 850 of the Code of Civil Procedure or any
other law, the court shall not approve entry of judgment in an
adjudication action for a basin required to have a groundwater
sustainability plan under this part unless the court finds that the
judgment will not substantially impair the ability of a groundwater
sustainability agency, the board, or the department to comply with
this part and to achieve sustainable groundwater management.
SEC. 6. This act shall only become operative if Assembly Bill 1390
of the 2015-16 Regular Session is enacted and becomes effective.
