Frequently Asked Questions

Information is available from the following resources:

• California Department of Water Resources Groundwater Information Center
• ACWA's Recommendations for Achieving Groundwater Sustainability
• California Water Foundation Information / Recommendations on Groundwater Sustainability

This Act sets the framework for local authorities to manage sustainable groundwater. The comprehensive three-bill package requires groundwater sustainability agencies to assess local basin conditions and adopt sustainable management plans. The Modesto Subbasin’s sustainability plan will be implemented in 2022.

State intervention is limited to allow for maximum local control over our groundwater resources. Only when a groundwater sustainability agency is not formed and/or fails to create and implement a 20-year sustainability plan will the State take

Groundwater sustainability agencies are empowered to use a number of new management tools to achieve sustainability. This may include:

• Registering groundwater wells,
• Mandating annual extraction reports from individual wells,
• Imposing limits on extractions,
• Requesting a revision of the groundwater basin boundary, including establishing new subbasins, and
• Assessing fees to support the creation and adoption of a sustainability plan.
  
  

Proposition 1, the Water Quality, Supply and Infrastructure Improvement Act of 2014, provided $820 million in funding to help create and implement groundwater sustainability plans across the state.

The Modesto Subbasin is a high-priority subbasin but is not in overdraft. The Groundwater Sustainability Plan is on track to being submitted by the deadline of January 31, 2022.

Groundwater sustainability plans for critically over-drafted basins must be completed and adopted by the groundwater sustainability agencies by Jan. 31, 2020. Groundwater sustainability plans for high- and medium-priority basins not in overdraft must be completed and adopted by Jan. 31, 2022. All high- and medium-priority groundwater basins must achieve sustainability within 20 years of the adoption of the groundwater sustainability plan.

The Department of Water Resources is tasked with reviewing groundwater sustainability plan for compliance.

If the Department of Water Resources determines that an adequate groundwater sustainability plan has not been adopted or that it is not being implemented in a way that will achieve sustainability within 20 years, then the State Water Resources Control Board may designate the basin as “probationary.” After receiving notice from the State Board, local  authorities will have 180 days to address groundwater sustainability plan deficiencies. If the plan is brought into compliance, the State will remove the “probationary” designation and will have no further authority to intervene. If the deficiencies are not addressed by the groundwater sustainability agencies, the State Board is authorized to create an interim plan that would remain in effect only until the Groundwater Sustainability Agency could assume responsibility with a compliant plan that will achieve sustainability.

The legislation defines sustainable groundwater management as "the management and use of groundwater in a manner that can be maintained during the planning and implementation horizon without causing undesirable results." The following are examples of undesirable results:

• Chronic lowering of groundwater levels (not including overdraft during a drought, if a basin is otherwise managed)
• Significant and unreasonable reductions in groundwater storage
• Significant and unreasonable seawater intrusion
• Significant and unreasonable degradation of water quality
• Significant and unreasonable land subsidence
• Surface water depletions that have significant and unreasonable adverse impacts on beneficial uses

No. At its core, the legislation provides a framework for local authorities to improve groundwater supply management. In fact, it provides protection against state intervention, provided that local agencies develop and implement groundwater sustainability plans as required.

The legislation provides tools and authorities some agencies have previously lacked to manage for sustainability. In addition, it provides substantial time (20 years from the time a groundwater sustainability plan is adopted) to take the actions necessary to achieve sustainability.

No. The legislation will not affect the ability of local water managers and water users to get through the current drought. The legislation allows local managers time to get on the path of sustainability. It recognizes that implementing local groundwater sustainability plans may take up to 20 years.

The legislation does not change existing groundwater rights. Groundwater rights will continue to be subject to regulation under article 10, section 2, of the California Constitution.

No. In fact, it is possible that future adjudications would be made easier. There will be more data and information about the basin and pumpers available, although it is important to note that the legislation will restrict public release of information related to individual groundwater pumpers.

The legislation does not allocate water for any purpose. There is no expansion of water rights, and the public trust doctrine does not apply to groundwater. Local agencies may choose to address this issue in their plans, if they desire.

Groundwater recharge is currently accomplished by filing a petition with the State Board that demonstrates the water would be put to beneficial use. Association of California Water Agencies members have been working on legislative language to address this matter but have not yet reached agreement on any recommendations.