Amended IN Assembly April 27, 2022 Amended IN Assembly March 17, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2201Introduced by Assembly Member Bennett(Coauthors: Assembly Members Bauer-Kahan and Kalra)February 15, 2022 An act to amend Section 10728 of, and to add Section 10725.7 to, to the Water Code, relating to groundwater.LEGISLATIVE COUNSEL'S DIGESTAB 2201, as amended, Bennett. Groundwater sustainability agency: groundwater extraction permit. permit: verification. 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. Existing law authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency for that basin and imposes specified duties upon that agency or combination of agencies, as provided. Existing law also authorizes the State Water Resources Control Board to designate a high- or medium-priority basin as a probationary basin under certain conditions for specified purposes.This bill would, on and after July 1, 2023, prohibit, except as specified, a groundwater extraction facility in a basin that is designated by the department as a basin that is subject to critical conditions of overdraft from extracting water without a valid groundwater extraction permit issued by the groundwater sustainability agency pursuant to the requirements of the bill. The bill would also require a groundwater sustainability agency responsible for managing a basin designated by the department as being subject to critical conditions of overdraft to develop, on or before June 30, 2023, a process for the issuance of a groundwater extraction permit, as specified. The bill would also prohibit the issuance of a groundwater extraction permit for a new or expanded groundwater facility in a probationary basin, unless the state board determines that all or part of a probationary basin is being adequately managed, as specified. The bill would also authorize a groundwater sustainability agency overlying a basin that is not designated as being subject to critical conditions of overdraft to adopt an ordinance establishing a process for the issuance of a groundwater extraction permit in accordance with the requirements of the bill.This bill would prohibit a local agency, as defined, from approving a permit for a new groundwater well or for an alteration to an existing well in a basin subject to the act and classified as medium- or high-priority until it obtains a written verification, from the groundwater sustainability agency that manages the basin or area of the basin where the well is proposed to be located, determining that certain factors are present. The bill would prohibit a groundwater sustainability agency from providing the above-described written verification unless it determines that certain factors are present, including, but not limited to, that the extraction by the proposed well is consistent with any sustainable groundwater management program established in any applicable groundwater sustainability plan adopted by that groundwater sustainability agency. The bill would authorize a groundwater sustainability agency to impose a fee upon an applicant for a groundwater extraction permit in an amount that does not exceed the reasonable costs incurred by the agency in regulating a permit pursuant to the requirements of the bill. The bill would also require the department to review the effectiveness of permitting decisions by the groundwater sustainability agency, as specified. a local agency that does not exceed the reasonable cost of making the determinations required for a written verification, issuing the written verification, or both. The bill would also require a groundwater sustainability agency to post a notification of the well permit application on its internet website to allow the public to comment on the well permit application for at least 30 days before issuing the above-described determinations. By imposing additional requirements on groundwater sustainability agencies, the bill would impose a state-mandated local program.This bill would exempt any well that provides less than 2 acre-feet of water annually for domestic use or any well used by a public water supply system from these provisions.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1.The Legislature finds and declares the following:(a)Groundwater provides substantial water supplies for many farms and communities across the state, particularly in drier years. While in some parts of the state groundwater is very well managed, in other parts of the state there has been substantial groundwater overdraft.(b)During Californias recent droughts, there has been a substantial increase in the extraction of groundwater resulting in impacts to aquifers.(c)Despite the drought, there has been a substantial and dramatic increase in conversion of existing pastureland and nonirrigated lands to new permanent crops irrigated by new deep groundwater wells. In many parts of the central valley, these new orchards and groundwater wells have caused or contributed to existing groundwater wells drying up. These new groundwater wells exacerbate overdraft in some regions of the state and have harmed and will continue to harm groundwater supplies for existing farms and rural communities and the long-term viability of aquifers.(d)The number of new wells supplying significant new demands for groundwater has resulted in alarming subsidence in many areas of California. Subsidence threatens statewide resources and infrastructure, such as roads, highways, and aqueducts. Importantly, subsidence may also cause permanent damage to aquifers, threatening groundwater resources for future generations.(e)Furthermore, new wells are being drilled too close to drinking water wells. This action can dewater wells entirely or move plumes of contamination towards these sources of drinking water.(f)In 2012, California adopted the human right to water policy, establishing that it is state policy that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes.(g)In 2014, California adopted landmark legislation, the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code) (SGMA), to sustainably manage groundwater resources. Under the act, sustainability will not be fully achieved for many years, allowing groundwater overdraft to continue in some regions.(h)In 2020, groundwater sustainability agencies (GSAs) managing critically overdrafted groundwater basins submitted plans to the Department of Water Resources. In 2022, 34 out of 42 plans were found to be incomplete, in part for failing to adequately protect drinking water supplies. This means that proactive management of groundwater needed to protect drinking water and fulfill the human right to water policy could be delayed for years while groundwater sustainability plans are amended to meet the requirements of SGMA.(i)There is a need to empower GSAs across the states critically overdrafted basins to begin registering new wells and regulating their use to be in compliance with SGMA.SEC. 2.Section 10725.7 is added to the Water Code, to read:10725.7.(a)(1)On and after July 1, 2023, a groundwater extraction facility in a basin that is designated by the department as a basin that is subject to critical conditions of overdraft shall not extract water without a valid groundwater extraction permit issued by the groundwater sustainability agency pursuant to this section.(2)Notwithstanding paragraph (1), a groundwater extraction permit is not required for any of the following:(A)A de minimis extractor, as defined in subdivision (e) of Section 10721.(B)The replacement of an existing groundwater extraction facility with a new groundwater extraction facility with the same or a lesser extraction capacity.(C)A groundwater extraction facility constructed to provide drinking water to a water system for the purposes of public health.(D)A groundwater extraction facility necessary for habitat or wetlands conservation.(E)A groundwater extraction facility for a photovoltaic or wind energy generation facility that demands fewer than 75 acre-feet of groundwater annually.(F)A groundwater extraction facility integral to a groundwater conjunctive use or storage program operating under an approved California Environmental Quality Act document.(G)A groundwater extraction facility constructed to ensure a sustainable water supply to a consolidated public water system.(b)Notwithstanding any other law, a groundwater sustainability agency responsible for managing a basin designated by the department as being subject to critical conditions of overdraft shall do both of the following:(1)On or before June 30, 2023, develop a process for the issuance of a groundwater extraction permit, as follows:(A)The permit shall require an applicant to demonstrate, supported by substantial evidence, all of the following:(i)Extraction of groundwater from a proposed groundwater extraction facility is consistent with the groundwater sustainability plan developed by the groundwater sustainability agency.(ii)Extraction of groundwater from a proposed groundwater extraction facility will not contribute to or create an undesirable result.(iii)The owner of the proposed groundwater extraction facility is participating in any programs or other requirements of users of groundwater within that basin.(B)Upon filing an application for a groundwater extraction permit, the applicant shall provide written notice and a copy of the application to both of the following:(i)All users of groundwater within one mile of the proposed groundwater extraction facility.(ii)The department and the state board, when the proposed groundwater extraction facility is located within one mile of a disadvantaged community or a domestic well user.(C)The groundwater sustainability agency shall post the permit application on its internet website to allow the public to comment on the groundwater extraction permit application for at least 30 days before making a decision to approve or deny the permit.(2)Prohibit the issuance of a groundwater extraction permit for a new or expanded groundwater facility in a probationary basin, unless the state board determines that all or part of a probationary basin is being adequately managed, in which case the prohibition on the issuance of a groundwater extraction permit shall apply only to those portions of the probationary basin that are not adequately managed, as determined by the state board.(c)A groundwater sustainability agency overlying a basin that is not designated as being subject to critical conditions of overdraft may adopt an ordinance establishing a process for the issuance of a groundwater extraction permit for a groundwater extraction facility in accordance with this section.(d)A groundwater sustainability agency may impose a fee upon an applicant for a groundwater extraction permit in an amount that does not exceed the reasonable costs incurred by the agency in regulating a permit pursuant to this section.(e)To the extent funding is available, the department shall offer technical assistance to groundwater sustainability agencies to implement this section.(f)The department shall review the effectiveness of permitting decisions by the groundwater sustainability agency in furthering achievement of the sustainability goal of that basin as part of the review of groundwater sustainability plans pursuant to Section 10733.8.SEC. 3.Section 10728 of the Water Code is amended to read:10728.On the April 1 following the adoption of a groundwater sustainability plan and annually thereafter, a groundwater sustainability agency shall submit a report to the department containing the following information about the basin managed in the groundwater sustainability plan:(a)Groundwater elevation data.(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 number, location, and volume of groundwater extraction permits issued pursuant to Section 10725.7.SECTION 1. Section 10725.7 is added to the Water Code, to read:10725.7. (a) For purposes of this section, the following terms have the following meanings:(1) Local agency means any city, county, district, agency, or other entity with the authority to issue a permit for a new groundwater well or for an alteration to an existing well.(2) Public water system has the same meaning as defined in Section 116275 of the Health and Safety Code.(3) Well has the same meaning as defined in Section 13710.(b) Notwithstanding Sections 10726.4 and 10726.8, a local agency shall not approve a permit for a new groundwater well or for an alteration to an existing well in a basin subject to this part and classified as medium- or high-priority until it obtains a written verification from the groundwater sustainability agency that manages the basin or area of the basin where the well is proposed to be located determining that the factors listed in paragraphs (1) to (3), inclusive, of subdivision (c) are present.(c) The ground water sustainability agency shall not provide the written verification unless it determines all of the following factors are present:(1) The extraction by the proposed well is consistent with any sustainable groundwater management program established in any applicable groundwater sustainability plan adopted by that groundwater sustainability agency.(2) The extraction by the proposed well would not decrease the likelihood of achieving a sustainability goal for the basin covered by a plan.(3) The extraction by the proposed well is not likely to interfere with the production and functioning of existing nearby wells and is not likely to cause subsidence that would adversely impact or damage nearby infrastructure.(d) A groundwater sustainability agency may impose a fee upon a local agency in an amount that does not exceed the reasonable costs incurred by the groundwater sustainability agency in making the determinations required for the written verification, issuing the written verification, or both.(e) The groundwater sustainability agency shall post notification of the well permit application on its internet website to allow the public to comment on the well permit application for at least 30 days before issuing the determinations required by subdivisions (b) and (c).(f) This section does not apply to a well that provides less than two acre-feet of water annually for domestic use or a well used by a public water supply system.SEC. 4.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
Amended IN Assembly April 27, 2022 Amended IN Assembly March 17, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2201Introduced by Assembly Member Bennett(Coauthors: Assembly Members Bauer-Kahan and Kalra)February 15, 2022 An act to amend Section 10728 of, and to add Section 10725.7 to, to the Water Code, relating to groundwater.LEGISLATIVE COUNSEL'S DIGESTAB 2201, as amended, Bennett. Groundwater sustainability agency: groundwater extraction permit. permit: verification. 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. Existing law authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency for that basin and imposes specified duties upon that agency or combination of agencies, as provided. Existing law also authorizes the State Water Resources Control Board to designate a high- or medium-priority basin as a probationary basin under certain conditions for specified purposes.This bill would, on and after July 1, 2023, prohibit, except as specified, a groundwater extraction facility in a basin that is designated by the department as a basin that is subject to critical conditions of overdraft from extracting water without a valid groundwater extraction permit issued by the groundwater sustainability agency pursuant to the requirements of the bill. The bill would also require a groundwater sustainability agency responsible for managing a basin designated by the department as being subject to critical conditions of overdraft to develop, on or before June 30, 2023, a process for the issuance of a groundwater extraction permit, as specified. The bill would also prohibit the issuance of a groundwater extraction permit for a new or expanded groundwater facility in a probationary basin, unless the state board determines that all or part of a probationary basin is being adequately managed, as specified. The bill would also authorize a groundwater sustainability agency overlying a basin that is not designated as being subject to critical conditions of overdraft to adopt an ordinance establishing a process for the issuance of a groundwater extraction permit in accordance with the requirements of the bill.This bill would prohibit a local agency, as defined, from approving a permit for a new groundwater well or for an alteration to an existing well in a basin subject to the act and classified as medium- or high-priority until it obtains a written verification, from the groundwater sustainability agency that manages the basin or area of the basin where the well is proposed to be located, determining that certain factors are present. The bill would prohibit a groundwater sustainability agency from providing the above-described written verification unless it determines that certain factors are present, including, but not limited to, that the extraction by the proposed well is consistent with any sustainable groundwater management program established in any applicable groundwater sustainability plan adopted by that groundwater sustainability agency. The bill would authorize a groundwater sustainability agency to impose a fee upon an applicant for a groundwater extraction permit in an amount that does not exceed the reasonable costs incurred by the agency in regulating a permit pursuant to the requirements of the bill. The bill would also require the department to review the effectiveness of permitting decisions by the groundwater sustainability agency, as specified. a local agency that does not exceed the reasonable cost of making the determinations required for a written verification, issuing the written verification, or both. The bill would also require a groundwater sustainability agency to post a notification of the well permit application on its internet website to allow the public to comment on the well permit application for at least 30 days before issuing the above-described determinations. By imposing additional requirements on groundwater sustainability agencies, the bill would impose a state-mandated local program.This bill would exempt any well that provides less than 2 acre-feet of water annually for domestic use or any well used by a public water supply system from these provisions.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly April 27, 2022 Amended IN Assembly March 17, 2022
Amended IN Assembly April 27, 2022
Amended IN Assembly March 17, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2201
Introduced by Assembly Member Bennett(Coauthors: Assembly Members Bauer-Kahan and Kalra)February 15, 2022
Introduced by Assembly Member Bennett(Coauthors: Assembly Members Bauer-Kahan and Kalra)
February 15, 2022
An act to amend Section 10728 of, and to add Section 10725.7 to, to the Water Code, relating to groundwater.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2201, as amended, Bennett. Groundwater sustainability agency: groundwater extraction permit. permit: verification.
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. Existing law authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency for that basin and imposes specified duties upon that agency or combination of agencies, as provided. Existing law also authorizes the State Water Resources Control Board to designate a high- or medium-priority basin as a probationary basin under certain conditions for specified purposes.This bill would, on and after July 1, 2023, prohibit, except as specified, a groundwater extraction facility in a basin that is designated by the department as a basin that is subject to critical conditions of overdraft from extracting water without a valid groundwater extraction permit issued by the groundwater sustainability agency pursuant to the requirements of the bill. The bill would also require a groundwater sustainability agency responsible for managing a basin designated by the department as being subject to critical conditions of overdraft to develop, on or before June 30, 2023, a process for the issuance of a groundwater extraction permit, as specified. The bill would also prohibit the issuance of a groundwater extraction permit for a new or expanded groundwater facility in a probationary basin, unless the state board determines that all or part of a probationary basin is being adequately managed, as specified. The bill would also authorize a groundwater sustainability agency overlying a basin that is not designated as being subject to critical conditions of overdraft to adopt an ordinance establishing a process for the issuance of a groundwater extraction permit in accordance with the requirements of the bill.This bill would prohibit a local agency, as defined, from approving a permit for a new groundwater well or for an alteration to an existing well in a basin subject to the act and classified as medium- or high-priority until it obtains a written verification, from the groundwater sustainability agency that manages the basin or area of the basin where the well is proposed to be located, determining that certain factors are present. The bill would prohibit a groundwater sustainability agency from providing the above-described written verification unless it determines that certain factors are present, including, but not limited to, that the extraction by the proposed well is consistent with any sustainable groundwater management program established in any applicable groundwater sustainability plan adopted by that groundwater sustainability agency. The bill would authorize a groundwater sustainability agency to impose a fee upon an applicant for a groundwater extraction permit in an amount that does not exceed the reasonable costs incurred by the agency in regulating a permit pursuant to the requirements of the bill. The bill would also require the department to review the effectiveness of permitting decisions by the groundwater sustainability agency, as specified. a local agency that does not exceed the reasonable cost of making the determinations required for a written verification, issuing the written verification, or both. The bill would also require a groundwater sustainability agency to post a notification of the well permit application on its internet website to allow the public to comment on the well permit application for at least 30 days before issuing the above-described determinations. By imposing additional requirements on groundwater sustainability agencies, the bill would impose a state-mandated local program.This bill would exempt any well that provides less than 2 acre-feet of water annually for domestic use or any well used by a public water supply system from these provisions.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
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. Existing law authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency for that basin and imposes specified duties upon that agency or combination of agencies, as provided. Existing law also authorizes the State Water Resources Control Board to designate a high- or medium-priority basin as a probationary basin under certain conditions for specified purposes.
This bill would, on and after July 1, 2023, prohibit, except as specified, a groundwater extraction facility in a basin that is designated by the department as a basin that is subject to critical conditions of overdraft from extracting water without a valid groundwater extraction permit issued by the groundwater sustainability agency pursuant to the requirements of the bill. The bill would also require a groundwater sustainability agency responsible for managing a basin designated by the department as being subject to critical conditions of overdraft to develop, on or before June 30, 2023, a process for the issuance of a groundwater extraction permit, as specified. The bill would also prohibit the issuance of a groundwater extraction permit for a new or expanded groundwater facility in a probationary basin, unless the state board determines that all or part of a probationary basin is being adequately managed, as specified. The bill would also authorize a groundwater sustainability agency overlying a basin that is not designated as being subject to critical conditions of overdraft to adopt an ordinance establishing a process for the issuance of a groundwater extraction permit in accordance with the requirements of the bill.
This bill would prohibit a local agency, as defined, from approving a permit for a new groundwater well or for an alteration to an existing well in a basin subject to the act and classified as medium- or high-priority until it obtains a written verification, from the groundwater sustainability agency that manages the basin or area of the basin where the well is proposed to be located, determining that certain factors are present. The bill would prohibit a groundwater sustainability agency from providing the above-described written verification unless it determines that certain factors are present, including, but not limited to, that the extraction by the proposed well is consistent with any sustainable groundwater management program established in any applicable groundwater sustainability plan adopted by that groundwater sustainability agency.
The bill would authorize a groundwater sustainability agency to impose a fee upon an applicant for a groundwater extraction permit in an amount that does not exceed the reasonable costs incurred by the agency in regulating a permit pursuant to the requirements of the bill. The bill would also require the department to review the effectiveness of permitting decisions by the groundwater sustainability agency, as specified. a local agency that does not exceed the reasonable cost of making the determinations required for a written verification, issuing the written verification, or both. The bill would also require a groundwater sustainability agency to post a notification of the well permit application on its internet website to allow the public to comment on the well permit application for at least 30 days before issuing the above-described determinations. By imposing additional requirements on groundwater sustainability agencies, the bill would impose a state-mandated local program.
This bill would exempt any well that provides less than 2 acre-feet of water annually for domestic use or any well used by a public water supply system from these provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1.The Legislature finds and declares the following:(a)Groundwater provides substantial water supplies for many farms and communities across the state, particularly in drier years. While in some parts of the state groundwater is very well managed, in other parts of the state there has been substantial groundwater overdraft.(b)During Californias recent droughts, there has been a substantial increase in the extraction of groundwater resulting in impacts to aquifers.(c)Despite the drought, there has been a substantial and dramatic increase in conversion of existing pastureland and nonirrigated lands to new permanent crops irrigated by new deep groundwater wells. In many parts of the central valley, these new orchards and groundwater wells have caused or contributed to existing groundwater wells drying up. These new groundwater wells exacerbate overdraft in some regions of the state and have harmed and will continue to harm groundwater supplies for existing farms and rural communities and the long-term viability of aquifers.(d)The number of new wells supplying significant new demands for groundwater has resulted in alarming subsidence in many areas of California. Subsidence threatens statewide resources and infrastructure, such as roads, highways, and aqueducts. Importantly, subsidence may also cause permanent damage to aquifers, threatening groundwater resources for future generations.(e)Furthermore, new wells are being drilled too close to drinking water wells. This action can dewater wells entirely or move plumes of contamination towards these sources of drinking water.(f)In 2012, California adopted the human right to water policy, establishing that it is state policy that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes.(g)In 2014, California adopted landmark legislation, the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code) (SGMA), to sustainably manage groundwater resources. Under the act, sustainability will not be fully achieved for many years, allowing groundwater overdraft to continue in some regions.(h)In 2020, groundwater sustainability agencies (GSAs) managing critically overdrafted groundwater basins submitted plans to the Department of Water Resources. In 2022, 34 out of 42 plans were found to be incomplete, in part for failing to adequately protect drinking water supplies. This means that proactive management of groundwater needed to protect drinking water and fulfill the human right to water policy could be delayed for years while groundwater sustainability plans are amended to meet the requirements of SGMA.(i)There is a need to empower GSAs across the states critically overdrafted basins to begin registering new wells and regulating their use to be in compliance with SGMA.SEC. 2.Section 10725.7 is added to the Water Code, to read:10725.7.(a)(1)On and after July 1, 2023, a groundwater extraction facility in a basin that is designated by the department as a basin that is subject to critical conditions of overdraft shall not extract water without a valid groundwater extraction permit issued by the groundwater sustainability agency pursuant to this section.(2)Notwithstanding paragraph (1), a groundwater extraction permit is not required for any of the following:(A)A de minimis extractor, as defined in subdivision (e) of Section 10721.(B)The replacement of an existing groundwater extraction facility with a new groundwater extraction facility with the same or a lesser extraction capacity.(C)A groundwater extraction facility constructed to provide drinking water to a water system for the purposes of public health.(D)A groundwater extraction facility necessary for habitat or wetlands conservation.(E)A groundwater extraction facility for a photovoltaic or wind energy generation facility that demands fewer than 75 acre-feet of groundwater annually.(F)A groundwater extraction facility integral to a groundwater conjunctive use or storage program operating under an approved California Environmental Quality Act document.(G)A groundwater extraction facility constructed to ensure a sustainable water supply to a consolidated public water system.(b)Notwithstanding any other law, a groundwater sustainability agency responsible for managing a basin designated by the department as being subject to critical conditions of overdraft shall do both of the following:(1)On or before June 30, 2023, develop a process for the issuance of a groundwater extraction permit, as follows:(A)The permit shall require an applicant to demonstrate, supported by substantial evidence, all of the following:(i)Extraction of groundwater from a proposed groundwater extraction facility is consistent with the groundwater sustainability plan developed by the groundwater sustainability agency.(ii)Extraction of groundwater from a proposed groundwater extraction facility will not contribute to or create an undesirable result.(iii)The owner of the proposed groundwater extraction facility is participating in any programs or other requirements of users of groundwater within that basin.(B)Upon filing an application for a groundwater extraction permit, the applicant shall provide written notice and a copy of the application to both of the following:(i)All users of groundwater within one mile of the proposed groundwater extraction facility.(ii)The department and the state board, when the proposed groundwater extraction facility is located within one mile of a disadvantaged community or a domestic well user.(C)The groundwater sustainability agency shall post the permit application on its internet website to allow the public to comment on the groundwater extraction permit application for at least 30 days before making a decision to approve or deny the permit.(2)Prohibit the issuance of a groundwater extraction permit for a new or expanded groundwater facility in a probationary basin, unless the state board determines that all or part of a probationary basin is being adequately managed, in which case the prohibition on the issuance of a groundwater extraction permit shall apply only to those portions of the probationary basin that are not adequately managed, as determined by the state board.(c)A groundwater sustainability agency overlying a basin that is not designated as being subject to critical conditions of overdraft may adopt an ordinance establishing a process for the issuance of a groundwater extraction permit for a groundwater extraction facility in accordance with this section.(d)A groundwater sustainability agency may impose a fee upon an applicant for a groundwater extraction permit in an amount that does not exceed the reasonable costs incurred by the agency in regulating a permit pursuant to this section.(e)To the extent funding is available, the department shall offer technical assistance to groundwater sustainability agencies to implement this section.(f)The department shall review the effectiveness of permitting decisions by the groundwater sustainability agency in furthering achievement of the sustainability goal of that basin as part of the review of groundwater sustainability plans pursuant to Section 10733.8.SEC. 3.Section 10728 of the Water Code is amended to read:10728.On the April 1 following the adoption of a groundwater sustainability plan and annually thereafter, a groundwater sustainability agency shall submit a report to the department containing the following information about the basin managed in the groundwater sustainability plan:(a)Groundwater elevation data.(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 number, location, and volume of groundwater extraction permits issued pursuant to Section 10725.7.SECTION 1. Section 10725.7 is added to the Water Code, to read:10725.7. (a) For purposes of this section, the following terms have the following meanings:(1) Local agency means any city, county, district, agency, or other entity with the authority to issue a permit for a new groundwater well or for an alteration to an existing well.(2) Public water system has the same meaning as defined in Section 116275 of the Health and Safety Code.(3) Well has the same meaning as defined in Section 13710.(b) Notwithstanding Sections 10726.4 and 10726.8, a local agency shall not approve a permit for a new groundwater well or for an alteration to an existing well in a basin subject to this part and classified as medium- or high-priority until it obtains a written verification from the groundwater sustainability agency that manages the basin or area of the basin where the well is proposed to be located determining that the factors listed in paragraphs (1) to (3), inclusive, of subdivision (c) are present.(c) The ground water sustainability agency shall not provide the written verification unless it determines all of the following factors are present:(1) The extraction by the proposed well is consistent with any sustainable groundwater management program established in any applicable groundwater sustainability plan adopted by that groundwater sustainability agency.(2) The extraction by the proposed well would not decrease the likelihood of achieving a sustainability goal for the basin covered by a plan.(3) The extraction by the proposed well is not likely to interfere with the production and functioning of existing nearby wells and is not likely to cause subsidence that would adversely impact or damage nearby infrastructure.(d) A groundwater sustainability agency may impose a fee upon a local agency in an amount that does not exceed the reasonable costs incurred by the groundwater sustainability agency in making the determinations required for the written verification, issuing the written verification, or both.(e) The groundwater sustainability agency shall post notification of the well permit application on its internet website to allow the public to comment on the well permit application for at least 30 days before issuing the determinations required by subdivisions (b) and (c).(f) This section does not apply to a well that provides less than two acre-feet of water annually for domestic use or a well used by a public water supply system.SEC. 4.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
The Legislature finds and declares the following:
(a)Groundwater provides substantial water supplies for many farms and communities across the state, particularly in drier years. While in some parts of the state groundwater is very well managed, in other parts of the state there has been substantial groundwater overdraft.
(b)During Californias recent droughts, there has been a substantial increase in the extraction of groundwater resulting in impacts to aquifers.
(c)Despite the drought, there has been a substantial and dramatic increase in conversion of existing pastureland and nonirrigated lands to new permanent crops irrigated by new deep groundwater wells. In many parts of the central valley, these new orchards and groundwater wells have caused or contributed to existing groundwater wells drying up. These new groundwater wells exacerbate overdraft in some regions of the state and have harmed and will continue to harm groundwater supplies for existing farms and rural communities and the long-term viability of aquifers.
(d)The number of new wells supplying significant new demands for groundwater has resulted in alarming subsidence in many areas of California. Subsidence threatens statewide resources and infrastructure, such as roads, highways, and aqueducts. Importantly, subsidence may also cause permanent damage to aquifers, threatening groundwater resources for future generations.
(e)Furthermore, new wells are being drilled too close to drinking water wells. This action can dewater wells entirely or move plumes of contamination towards these sources of drinking water.
(f)In 2012, California adopted the human right to water policy, establishing that it is state policy that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes.
(g)In 2014, California adopted landmark legislation, the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code) (SGMA), to sustainably manage groundwater resources. Under the act, sustainability will not be fully achieved for many years, allowing groundwater overdraft to continue in some regions.
(h)In 2020, groundwater sustainability agencies (GSAs) managing critically overdrafted groundwater basins submitted plans to the Department of Water Resources. In 2022, 34 out of 42 plans were found to be incomplete, in part for failing to adequately protect drinking water supplies. This means that proactive management of groundwater needed to protect drinking water and fulfill the human right to water policy could be delayed for years while groundwater sustainability plans are amended to meet the requirements of SGMA.
(i)There is a need to empower GSAs across the states critically overdrafted basins to begin registering new wells and regulating their use to be in compliance with SGMA.
(a)(1)On and after July 1, 2023, a groundwater extraction facility in a basin that is designated by the department as a basin that is subject to critical conditions of overdraft shall not extract water without a valid groundwater extraction permit issued by the groundwater sustainability agency pursuant to this section.
(2)Notwithstanding paragraph (1), a groundwater extraction permit is not required for any of the following:
(A)A de minimis extractor, as defined in subdivision (e) of Section 10721.
(B)The replacement of an existing groundwater extraction facility with a new groundwater extraction facility with the same or a lesser extraction capacity.
(C)A groundwater extraction facility constructed to provide drinking water to a water system for the purposes of public health.
(D)A groundwater extraction facility necessary for habitat or wetlands conservation.
(E)A groundwater extraction facility for a photovoltaic or wind energy generation facility that demands fewer than 75 acre-feet of groundwater annually.
(F)A groundwater extraction facility integral to a groundwater conjunctive use or storage program operating under an approved California Environmental Quality Act document.
(G)A groundwater extraction facility constructed to ensure a sustainable water supply to a consolidated public water system.
(b)Notwithstanding any other law, a groundwater sustainability agency responsible for managing a basin designated by the department as being subject to critical conditions of overdraft shall do both of the following:
(1)On or before June 30, 2023, develop a process for the issuance of a groundwater extraction permit, as follows:
(A)The permit shall require an applicant to demonstrate, supported by substantial evidence, all of the following:
(i)Extraction of groundwater from a proposed groundwater extraction facility is consistent with the groundwater sustainability plan developed by the groundwater sustainability agency.
(ii)Extraction of groundwater from a proposed groundwater extraction facility will not contribute to or create an undesirable result.
(iii)The owner of the proposed groundwater extraction facility is participating in any programs or other requirements of users of groundwater within that basin.
(B)Upon filing an application for a groundwater extraction permit, the applicant shall provide written notice and a copy of the application to both of the following:
(i)All users of groundwater within one mile of the proposed groundwater extraction facility.
(ii)The department and the state board, when the proposed groundwater extraction facility is located within one mile of a disadvantaged community or a domestic well user.
(C)The groundwater sustainability agency shall post the permit application on its internet website to allow the public to comment on the groundwater extraction permit application for at least 30 days before making a decision to approve or deny the permit.
(2)Prohibit the issuance of a groundwater extraction permit for a new or expanded groundwater facility in a probationary basin, unless the state board determines that all or part of a probationary basin is being adequately managed, in which case the prohibition on the issuance of a groundwater extraction permit shall apply only to those portions of the probationary basin that are not adequately managed, as determined by the state board.
(c)A groundwater sustainability agency overlying a basin that is not designated as being subject to critical conditions of overdraft may adopt an ordinance establishing a process for the issuance of a groundwater extraction permit for a groundwater extraction facility in accordance with this section.
(d)A groundwater sustainability agency may impose a fee upon an applicant for a groundwater extraction permit in an amount that does not exceed the reasonable costs incurred by the agency in regulating a permit pursuant to this section.
(e)To the extent funding is available, the department shall offer technical assistance to groundwater sustainability agencies to implement this section.
(f)The department shall review the effectiveness of permitting decisions by the groundwater sustainability agency in furthering achievement of the sustainability goal of that basin as part of the review of groundwater sustainability plans pursuant to Section 10733.8.
On the April 1 following the adoption of a groundwater sustainability plan and annually thereafter, a groundwater sustainability agency shall submit a report to the department containing the following information about the basin managed in the groundwater sustainability plan:
(a)Groundwater elevation data.
(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 number, location, and volume of groundwater extraction permits issued pursuant to Section 10725.7.
SECTION 1. Section 10725.7 is added to the Water Code, to read:10725.7. (a) For purposes of this section, the following terms have the following meanings:(1) Local agency means any city, county, district, agency, or other entity with the authority to issue a permit for a new groundwater well or for an alteration to an existing well.(2) Public water system has the same meaning as defined in Section 116275 of the Health and Safety Code.(3) Well has the same meaning as defined in Section 13710.(b) Notwithstanding Sections 10726.4 and 10726.8, a local agency shall not approve a permit for a new groundwater well or for an alteration to an existing well in a basin subject to this part and classified as medium- or high-priority until it obtains a written verification from the groundwater sustainability agency that manages the basin or area of the basin where the well is proposed to be located determining that the factors listed in paragraphs (1) to (3), inclusive, of subdivision (c) are present.(c) The ground water sustainability agency shall not provide the written verification unless it determines all of the following factors are present:(1) The extraction by the proposed well is consistent with any sustainable groundwater management program established in any applicable groundwater sustainability plan adopted by that groundwater sustainability agency.(2) The extraction by the proposed well would not decrease the likelihood of achieving a sustainability goal for the basin covered by a plan.(3) The extraction by the proposed well is not likely to interfere with the production and functioning of existing nearby wells and is not likely to cause subsidence that would adversely impact or damage nearby infrastructure.(d) A groundwater sustainability agency may impose a fee upon a local agency in an amount that does not exceed the reasonable costs incurred by the groundwater sustainability agency in making the determinations required for the written verification, issuing the written verification, or both.(e) The groundwater sustainability agency shall post notification of the well permit application on its internet website to allow the public to comment on the well permit application for at least 30 days before issuing the determinations required by subdivisions (b) and (c).(f) This section does not apply to a well that provides less than two acre-feet of water annually for domestic use or a well used by a public water supply system.
SECTION 1. Section 10725.7 is added to the Water Code, to read:
### SECTION 1.
10725.7. (a) For purposes of this section, the following terms have the following meanings:(1) Local agency means any city, county, district, agency, or other entity with the authority to issue a permit for a new groundwater well or for an alteration to an existing well.(2) Public water system has the same meaning as defined in Section 116275 of the Health and Safety Code.(3) Well has the same meaning as defined in Section 13710.(b) Notwithstanding Sections 10726.4 and 10726.8, a local agency shall not approve a permit for a new groundwater well or for an alteration to an existing well in a basin subject to this part and classified as medium- or high-priority until it obtains a written verification from the groundwater sustainability agency that manages the basin or area of the basin where the well is proposed to be located determining that the factors listed in paragraphs (1) to (3), inclusive, of subdivision (c) are present.(c) The ground water sustainability agency shall not provide the written verification unless it determines all of the following factors are present:(1) The extraction by the proposed well is consistent with any sustainable groundwater management program established in any applicable groundwater sustainability plan adopted by that groundwater sustainability agency.(2) The extraction by the proposed well would not decrease the likelihood of achieving a sustainability goal for the basin covered by a plan.(3) The extraction by the proposed well is not likely to interfere with the production and functioning of existing nearby wells and is not likely to cause subsidence that would adversely impact or damage nearby infrastructure.(d) A groundwater sustainability agency may impose a fee upon a local agency in an amount that does not exceed the reasonable costs incurred by the groundwater sustainability agency in making the determinations required for the written verification, issuing the written verification, or both.(e) The groundwater sustainability agency shall post notification of the well permit application on its internet website to allow the public to comment on the well permit application for at least 30 days before issuing the determinations required by subdivisions (b) and (c).(f) This section does not apply to a well that provides less than two acre-feet of water annually for domestic use or a well used by a public water supply system.
10725.7. (a) For purposes of this section, the following terms have the following meanings:(1) Local agency means any city, county, district, agency, or other entity with the authority to issue a permit for a new groundwater well or for an alteration to an existing well.(2) Public water system has the same meaning as defined in Section 116275 of the Health and Safety Code.(3) Well has the same meaning as defined in Section 13710.(b) Notwithstanding Sections 10726.4 and 10726.8, a local agency shall not approve a permit for a new groundwater well or for an alteration to an existing well in a basin subject to this part and classified as medium- or high-priority until it obtains a written verification from the groundwater sustainability agency that manages the basin or area of the basin where the well is proposed to be located determining that the factors listed in paragraphs (1) to (3), inclusive, of subdivision (c) are present.(c) The ground water sustainability agency shall not provide the written verification unless it determines all of the following factors are present:(1) The extraction by the proposed well is consistent with any sustainable groundwater management program established in any applicable groundwater sustainability plan adopted by that groundwater sustainability agency.(2) The extraction by the proposed well would not decrease the likelihood of achieving a sustainability goal for the basin covered by a plan.(3) The extraction by the proposed well is not likely to interfere with the production and functioning of existing nearby wells and is not likely to cause subsidence that would adversely impact or damage nearby infrastructure.(d) A groundwater sustainability agency may impose a fee upon a local agency in an amount that does not exceed the reasonable costs incurred by the groundwater sustainability agency in making the determinations required for the written verification, issuing the written verification, or both.(e) The groundwater sustainability agency shall post notification of the well permit application on its internet website to allow the public to comment on the well permit application for at least 30 days before issuing the determinations required by subdivisions (b) and (c).(f) This section does not apply to a well that provides less than two acre-feet of water annually for domestic use or a well used by a public water supply system.
10725.7. (a) For purposes of this section, the following terms have the following meanings:(1) Local agency means any city, county, district, agency, or other entity with the authority to issue a permit for a new groundwater well or for an alteration to an existing well.(2) Public water system has the same meaning as defined in Section 116275 of the Health and Safety Code.(3) Well has the same meaning as defined in Section 13710.(b) Notwithstanding Sections 10726.4 and 10726.8, a local agency shall not approve a permit for a new groundwater well or for an alteration to an existing well in a basin subject to this part and classified as medium- or high-priority until it obtains a written verification from the groundwater sustainability agency that manages the basin or area of the basin where the well is proposed to be located determining that the factors listed in paragraphs (1) to (3), inclusive, of subdivision (c) are present.(c) The ground water sustainability agency shall not provide the written verification unless it determines all of the following factors are present:(1) The extraction by the proposed well is consistent with any sustainable groundwater management program established in any applicable groundwater sustainability plan adopted by that groundwater sustainability agency.(2) The extraction by the proposed well would not decrease the likelihood of achieving a sustainability goal for the basin covered by a plan.(3) The extraction by the proposed well is not likely to interfere with the production and functioning of existing nearby wells and is not likely to cause subsidence that would adversely impact or damage nearby infrastructure.(d) A groundwater sustainability agency may impose a fee upon a local agency in an amount that does not exceed the reasonable costs incurred by the groundwater sustainability agency in making the determinations required for the written verification, issuing the written verification, or both.(e) The groundwater sustainability agency shall post notification of the well permit application on its internet website to allow the public to comment on the well permit application for at least 30 days before issuing the determinations required by subdivisions (b) and (c).(f) This section does not apply to a well that provides less than two acre-feet of water annually for domestic use or a well used by a public water supply system.
10725.7. (a) For purposes of this section, the following terms have the following meanings:
(1) Local agency means any city, county, district, agency, or other entity with the authority to issue a permit for a new groundwater well or for an alteration to an existing well.
(2) Public water system has the same meaning as defined in Section 116275 of the Health and Safety Code.
(3) Well has the same meaning as defined in Section 13710.
(b) Notwithstanding Sections 10726.4 and 10726.8, a local agency shall not approve a permit for a new groundwater well or for an alteration to an existing well in a basin subject to this part and classified as medium- or high-priority until it obtains a written verification from the groundwater sustainability agency that manages the basin or area of the basin where the well is proposed to be located determining that the factors listed in paragraphs (1) to (3), inclusive, of subdivision (c) are present.
(c) The ground water sustainability agency shall not provide the written verification unless it determines all of the following factors are present:
(1) The extraction by the proposed well is consistent with any sustainable groundwater management program established in any applicable groundwater sustainability plan adopted by that groundwater sustainability agency.
(2) The extraction by the proposed well would not decrease the likelihood of achieving a sustainability goal for the basin covered by a plan.
(3) The extraction by the proposed well is not likely to interfere with the production and functioning of existing nearby wells and is not likely to cause subsidence that would adversely impact or damage nearby infrastructure.
(d) A groundwater sustainability agency may impose a fee upon a local agency in an amount that does not exceed the reasonable costs incurred by the groundwater sustainability agency in making the determinations required for the written verification, issuing the written verification, or both.
(e) The groundwater sustainability agency shall post notification of the well permit application on its internet website to allow the public to comment on the well permit application for at least 30 days before issuing the determinations required by subdivisions (b) and (c).
(f) This section does not apply to a well that provides less than two acre-feet of water annually for domestic use or a well used by a public water supply system.
SEC. 4.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 4.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 4.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
### SEC. 4.SEC. 2.