Modesto, CA

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Utilities - Groundwater Sustainability

1. What is the Sustainable Groundwater Management Act of 2014?: The Sustainable Groundwater Management Act of 2014 is a comprehensive three-bill package that includes AB 1739 (Dickinson), SB 1168 (Pavley), and SB 1319 (Pavley) and sets the framework for statewide long-term sustainable groundwater management by local authorities. It requires the formation of new groundwater sustainability agencies tasked with assessing the conditions in their local basins and adopting locally-based sustainable management plans. It provides for limited state intervention only when a groundwater sustainability agencies is not formed and / or fails to create and implement a plan that will result in groundwater sustainability within 20 years.

2. What authority will groundwater sustainability agencies have?: groundwater sustainability agencies are empowered to utilize a number of new management tools to achieve the sustainability goal. For example, groundwater sustainability agencies may require registration of groundwater wells, mandate annual extraction reports from individual wells, impose limits on extractions, and assess fees to support creation and adoption of a groundwater sustainability plan. Groundwater sustainability agencies also may request a revision of groundwater basin boundary, including the establishment new subbasins. A groundwater sustainability agencies may adopt a single plan covering an entire basin or may combine several plans from multiple agencies.

3. Is there any funding available to assist groundwater sustainability agencies?: If approved by voters, Proposition 1 – the Water Quality, Supply and Infrastructure Improvement Act of 2014 – would provide $100 million in funding to help create and implement groundwater sustainability plan.

4. When do sustainable groundwater management plans have to be completed and implemented?: Groundwater sustainability plan for critically over-drafted basins must be completed and adopted by the groundwater sustainability agencies by Jan. 31, 2020. Groundwater sustainability plan for high- and medium-priority basins not in overdraft must be completed and adopted by the groundwater sustainability agencies by Jan. 31, 2022. All high- and medium-priority groundwater basins must achieve sustainability within 20 years of groundwater sustainability plan adoption.

5. Who determines whether a groundwater sustainability plan is sufficient?: 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 “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.

6. What does sustainable groundwater management mean?

The aim of the legislation is to have groundwater basins managed within the sustainable yield of each basin. 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, which are defined as any of the following effects:

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

7. Isn’t this basically a state takeover of groundwater?: No. At its core, the legislation provides a framework for the improved management of groundwater supplies by local authorities. In fact, it provides protection against state intervention, provided that local agencies develop and implement groundwater sustainability plans as required by the legislation. Significantly, 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.

8. Does this legislation take away the ability of growers to pump groundwater if the current drought continues?: 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 implementation of local groundwater sustainability plans may take up to 20 years.

9. How does this legislation affect existing water and property rights?: 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.

10. Will this legislation make future adjudications more complicated?: No. In fact, it is possible that future adjudications would be made easier because 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.

11. Does this legislation allocate groundwater for environmental and habitat purposes?: 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.

12. Why doesn’t this legislation address groundwater recharge as a beneficial use of surface water?: 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.

13. Where can I get more information on groundwater sustainability?

Information is available from the following resources: