Environmental Law. CARCD Annual Meeting & Conference November 13, 2014 PRESENTED BY Steve Anderson Partner Key Components of California Groundwater Legislation.

Environmental Law

Environmental Law

CARCD Annual Meeting & ConferenceNovember 13, 2014

PRESENTED BY

Steve AndersonPartner

Key Components of California Groundwater Legislation &Water Bond

©2014 Best Best & Krieger LLP

Environmental Law

Groundwater Legislation

• On September 16, 2014, Gov. Brown signed the Sustainable Groundwater Management Act (Act).

• Purposes of the Act: Statewide management of groundwater; Avoid “undesirable results,” e.g., chronic lowering of

water levels, reduction in storage capacity, seawater intrusion, degraded water quality, land subsidence, and surface water depletions.

Provide for the local management of basins; State will step in if locals refuse to act.

Environmental Law

Basin Prioritization • By January 31, 2015, DWR will

establish the initial priority—high, medium, low, or very low—for each groundwater basin in the state.

• Only high and medium priority basins will be subject to sustainable groundwater management mandates.

• Adjudicated basins are exempt.

Environmental Law

Basin Prioritizatio

Environmental Law

Groundwater Sustainability Agencies

• High and medium priority basins must be governed by GSA’s by June 30, 2017.

• Local agencies may form GSAs after a public hearing. • Multiple local agencies can form a single GSA.

All sustainability agencies must formally coordinate their planning.

The entire basin must be covered by an agency - no dead zones.

• Counties are the default agency in unmanaged areas, but they may decline that role.

Environmental Law

Groundwater Sustainability Agencies

• GSA must provide annual groundwater reports to DWR that include elevation data, extraction data, surface water availability for groundwater recharge or in-lieu use, total water use, and changes in groundwater storage.

• GSAs must: Consider the interests of all beneficial uses and users of

groundwater; Establish and maintain a list of persons interested in

receiving notices regarding plan preparation, meeting announcements, and availability of draft plans, etc.

Environmental Law

GSAs have authority to:• Adopt rules, regulations, ordinances, and

resolutions• Impose fees and levy groundwater charges• Require registration of and impose

requirements on wells and other groundwater extraction facilities

• Require measurements of every well• Acquire and dispose of real and personal

property, including water rights

Environmental Law

GSAs have authority to:• Transport, reclaim, purify, desalinate, treat, or

otherwise manage and control polluted water, wastewater, or other waters for subsequent use

• Validate groundwater sustainability plans;• Control groundwater extractions by regulating

extractions of groundwater pumpers• Authorize transfers of groundwater extraction

within their boundaries

Environmental Law

Groundwater Sustainability Plans

• DWR will review all GSPs Single plan by one agency or multiple agencies, Multiple plans by multiple agencies

• GSPs for high and medium priority basins must be adopted by January 31, 2022 or by January 31, 2020 if a basin is subject to critical conditions of overdraft.

Environmental Law

Contents of GSPs

• GSPs plan must include: Long-term planning, objectives, and goals to achieve

basin sustainability within 20 years; Technical information regarding the basin; Components for monitoring and management of

groundwater levels, groundwater quality degradation, inelastic land surface subsidence, and changes in surface flow and surface water quality that directly affect groundwater levels or quality;

Mitigation of overdraft; Recharge areas and basin replenishment.

Environmental Law

Alternatives to GSPs

• Local agencies may use an alternative to GSP if: A groundwater management plan covers the basin; The basin is managed under an adjudication; or The basin has operated within sustainable yield for the

past 10 years. • Alternative plans due by January 1, 2017.• DWR will review alternative plans.• The State Water Resources Control Board may also

impose yearly reporting requirements on local agencies.

Environmental Law

Should My Agency be a Groundwater Sustainability Agency??

• Being a member of a joint groundwater sustainability agency will: Give your RCD a voice in the management of local

groundwater basins; Raise the profile of your agency; and Increase the likelihood of joint projects, including

those eligible for state grant funding.

Environmental Law

Important Deadlines January 31, 2015 DWR sets initial priority for groundwater basins (§ 10722.4)

January 1, 2016 DWR adopts regulations on criteria for modifying groundwater basin boundaries. (§ 107022.2, subd. (b).)

April 1, 2016 First reports due from exempt adjudicated basins (§ 10720.8, subd. (f).)

June 1, 2016 DWR adopts regulations for evaluating groundwater sustainability plans and alternatives, for the implementation of groundwater sustainability plans, and for coordination agreements. (§ 10733.2.)

January 1, 2017 Local agency submission for DWR approval of an alternative to a groundwater sustainability plan if the local agency believes the alternative satisfies the objectives of the Act. (§ 10733.6.)

Environmental Law

Important Deadlines June 30, 2017 A local agency of collection of local agencies elects to be a

sustainability agency for a basin. (§ 10735.2, subd. (a)(1).)

July 1, 2017 If there is an area within a basin that is not within the management area of any groundwater sustainability agency, and the county does not assume responsibility, extractions must be reported to the State Water Board. (§§ 5202, subd. (a)(2), 10724, subd. (b).)

January 31, 2020 Groundwater sustainability plans required for medium- and high-priority basins that are in critical overdraft. (§§ 10720.7, 10735.2, subd. (a)(2).)

January 31, 2022 Groundwater sustainability plans required for medium- and high-priority basins that are not in critical overdraft. (§§ 10720.7, 10735.2, subd. (a)(4).)

20 years after plan adoption

Groundwater sustainability plans achieve the sustainability goal. (§ 10727.2, subd. (b).)

Environmental Law

Water Bond

Environmental Law

Thank you for attending.

Steve AndersonPartnerBest Best & Krieger LLP3390 University Avenue5th FloorRiverside CA, 92501Phone: (951) 826-8279 Email: [email protected] Website: www.bbklaw.com