Sustainable Groundwater Management Act: groundwater sustainability plans: groundwater rights.
The legislation affects all groundwater basins designated as high- or medium-priority by the Department of Water Resources. It mandates that these basins must be managed under sustainability plans or coordinated plans to address critical conditions of overdraft. The bill specifically states that while a plan can be approved, it does not give a blanket endorsement regarding the legal validity of groundwater rights allocations included within that plan, thereby reinforcing the existing legal framework surrounding groundwater rights.
Senate Bill 1372, sponsored by Senator Stern, modifies the Sustainable Groundwater Management Act by adding Section 10738 to the Water Code in California. The primary aim of this bill is to clarify that the approval of a groundwater sustainability plan by the Department of Water Resources does not imply that the allocation of groundwater pumping rights within that plan complies with existing groundwater rights law. This amendment seeks to improve the understanding and application of sustainability plans across various groundwater basins while maintaining legal clarity regarding pumping rights.
The sentiment surrounding SB 1372 appears to be largely positive, particularly among environmental advocacy groups and legislators focused on sustainable water management. Supporters view this clarification as a necessary step to ensure that sustainability plans are adequately managed without misinterpretation of groundwater rights. Conversely, some concerns have been raised about the potential for confusion or conflicts regarding how groundwater rights are interpreted in relation to these sustainability plans, although the overall legislative support suggests a consensus on the need for proactive groundwater management.
Notable points of contention include debates over the implications of separating sustainability plan approval from rights allocation sustainability. While many legislators and stakeholders support the bill for its intent to clarify processes, there are fears that this could lead to lawsuits or disputes over groundwater rights. Critics argue that without clear backing on rights allocation, there may be challenges in implementing sustainable practices effectively. The discussion reflects a deeper divide over how to balance sustainable management with established legal frameworks governing water use.