Water Code — Part 2 | WAT — United States — California law | Esheria

Water Code

Part 2 of 51 · provisions 201–400

This section says the act is called the Water Code.

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About this statute

Local custom is only one factor in judging the reasonableness of a water use, method of use, or diversion; it cannot by itself decide the issue. This section says the coordinated state water conservation, development, and utilization plan is called the “State Water Plan.” The American River Development is included in the State Water Plan. The State may not issue a water appropriation permit for a project that would flood any part of Gold Discovery Site State Park at Coloma unless the issuance is specifically authorized by law. This section gives the Georgetown Divide Public Utility District rights to pursue a federal permit and license, limits water-rights filings and permits for certain South Fork of the American River projects for set periods, and requires some applicants to evaluate alternatives or replace lost uses.

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Provisions of Water Code

Showing 200 of 10,024

  1. 10609.51.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.56. Drought Planning for Small Water Suppliers, State Small Water Systems, and Domestic Well Communities [10609.50 - 10609.80] ( Part 2.56 added by Stats. 2021, Ch. 245, Sec. 1. ) ## CHAPTER 1. General Provisions [10609.50 - 10609.51] ( Chapter 1 added by Stats. 2021, Ch. 245, Sec. 1. )

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    This section defines terms used in this part, including types of water systems, agencies, and size-based categories for rural communities and small water suppliers.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.56. Drought Planning for Small Water Suppliers, State Small Water Systems, and Domestic Well Communities [10609.50 - 10609.80] ( Part 2.56 added by Stats. 2021, Ch. 245, Sec. 1. ) ## CHAPTER 1. General Provisions [10609.50 - 10609.51] ( Chapter 1 added by Stats. 2021, Ch. 245, Sec. 1. ) ## 10609.51. For purposes of this part, the following definitions apply: (a) “Community water system” has the same meaning as defined in Section 116275 of the Health and Safety Code. (b) “County Drought Advisory Group” means the group created by the department to implement Chapter 10 (commencing with Section 10609.40) of Part 2.55. (c) “Department” means the Department of Water Resources. (d) “Domestic well” has the same meaning as defined in Section 116681 of the Health and Safety Code. (e) “Groundwater sustainability agency” has the same meaning as defined in Section 10721. (f) “Nontransient noncommunity water system” has the same meaning as defined in Section 116275 of the Health and Safety Code. (g) “Public water system” has the same meaning as defined in Section 116275 of the Health and Safety Code. (h) “Risk vulnerability tool” means the tool created by the department to implement Chapter 10 (commencing with Section 10609.40) of Part 2.55. (i) “Rural community” means a community with fewer than 15 service connections, or regularly serving less than 25 individuals daily at least 60 days out of the year. (j) “Small water supplier” means a community water system serving 15 to 2,999 service connections, inclusive, and that provides less than 3,000 acre-feet of water annually. (k) “State board” means the State Water Resources Control Board. (l) “State small water system” has the same meaning as defined in Section 116275 of the Health and Safety Code. (Amended by Stats. 2022, Ch. 28, Sec. 157. (SB 1380) Effective January 1, 2023.)
  2. 10609.6.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

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    The department must study and recommend outdoor residential water-use standards, give urban retail water suppliers data on residential irrigable land, and not recommend standards until certain pilot projects or studies are done.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.6. (a) (1) The department, in coordination with the board, shall conduct necessary studies and investigations and recommend, no later than October 1, 2021, standards for outdoor residential use for adoption by the board in accordance with this chapter. (2) (A) The standards shall incorporate the principles of the model water efficient landscape ordinance adopted by the department pursuant to the Water Conservation in Landscaping Act (Article 10.8 (commencing with Section 65591) of Chapter 3 of Division 1 of Title 7 of the Government Code). (B) The standards shall apply to irrigable lands. (C) The standards shall include provisions for swimming pools, spas, and other water features. Ornamental water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, shall be analyzed separately from swimming pools and spas. (b) The department shall, by January 1, 2021, provide each urban retail water supplier with data regarding the area of residential irrigable lands in a manner that can reasonably be applied to the standards adopted pursuant to this section. (c) The department shall not recommend standards pursuant to this section until it has conducted pilot projects or studies, or some combination of the two, to ensure that the data provided to local agencies are reasonably accurate for the data’s intended uses, taking into consideration California’s diverse landscapes and community characteristics. (Added by Stats. 2018, Ch. 15, Sec. 7. (AB 1668) Effective January 1, 2019.)
  3. 10609.60.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.56. Drought Planning for Small Water Suppliers, State Small Water Systems, and Domestic Well Communities [10609.50 - 10609.80] ( Part 2.56 added by Stats. 2021, Ch. 245, Sec. 1. ) ## CHAPTER 2. Small Water Suppliers and Nontransient Noncommunity Water Systems [10609.60 - 10609.63] ( Chapter 2 added by Stats. 2021, Ch. 245, Sec. 1. )

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    Certain small water suppliers and school water systems must prepare and maintain an abridged water shortage contingency plan and make it available or submit it as required.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.56. Drought Planning for Small Water Suppliers, State Small Water Systems, and Domestic Well Communities [10609.50 - 10609.80] ( Part 2.56 added by Stats. 2021, Ch. 245, Sec. 1. ) ## CHAPTER 2. Small Water Suppliers and Nontransient Noncommunity Water Systems [10609.60 - 10609.63] ( Chapter 2 added by Stats. 2021, Ch. 245, Sec. 1. ) ## 10609.60. (a) No later than July 1, 2023, and updated every five years thereafter, a small water supplier serving 1,000 to 2,999 service connections, inclusive, and a nontransient noncommunity water system that is a school shall each develop and maintain, onsite, an abridged Water Shortage Contingency Plan (WSCP) that includes, at a minimum, all of the following drought-planning elements: (1) Drought-planning contacts, including all of the following: (A) At least one contact at the water system for water shortage planning and response and the development of the plan. (B) Contacts for local public safety partners and potential vendors that can provide repairs or alternative water sources, including, but not limited to, local community-based organizations that work with the population in and around areas served by the water system, contractors for drilling wells, vended water suppliers, and emergency shower vendors. (C) State and local agency contacts who should be informed when a drought or water shortage emergency is emerging or has occurred. (D) Regional water planning groups or mutual aid networks, to the extent they exist. (2) Triggering mechanisms and levels for action, including both of the following: (A) Standard water shortage levels corresponding to progressive ranges based on the water supply conditions. Water shortage levels shall also apply to catastrophic interruption of water supplies, including, but not limited to, a regional power outage, an earthquake, a fire, and other potential emergency events. (B) Water shortage mitigation, response, customer communications, enforcement, and relief actions that align with the water shortage levels required by subparagraph (A). (b) A small water supplier serving 1,000 to 2,999 service connections, inclusive, and a nontransient noncommunity water system that is a school shall each make the abridged Water Shortage Contingency Plan available on their individual internet websites, if any. A small water supplier serving 1,000 to 2,999 service connections, inclusive, or a nontransient noncommunity water system that is a school that does not have an internet website shall make the abridged Water Shortage Contingency Plan available to persons upon request. The abridged Water Shortage Contingency Plan shall be provided to the state board’s Division of Drinking Water for inspection upon demand. (c) A small water supplier serving fewer than 1,000 service connections shall add drought planning elements, including, but not limited to, those listed in paragraph (1) of subdivision (a) and subparagraph (A) of paragraph (2) of subdivision (a), to its emergency notification or response plan and submit the plan to the state board. The plan shall be updated every five years, or when significant changes occur. (d) No later than December 31, 2022, the department and the state board shall create an abridged Water Shortage Contingency Plan template for small water suppliers serving 1,000 to 2,999 service connections, inclusive, and nontransient noncommunity water systems that are schools to facilitate implementation of this section. (e) To the extent that funding is made available, the state board shall offer technical assistance to small water suppliers serving fewer than 1,000 service connections and nontransient noncommunity water systems that are schools to improve drought and water shortage resiliency, including requirements related to the emergency notification or response plan. (Added by Stats. 2021, Ch. 245, Sec. 1. (SB 552) Effective January 1, 2022.)
  4. 10609.61.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.56. Drought Planning for Small Water Suppliers, State Small Water Systems, and Domestic Well Communities [10609.50 - 10609.80] ( Part 2.56 added by Stats. 2021, Ch. 245, Sec. 1. ) ## CHAPTER 2. Small Water Suppliers and Nontransient Noncommunity Water Systems [10609.60 - 10609.63] ( Chapter 2 added by Stats. 2021, Ch. 245, Sec. 1. )

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    Certain water suppliers must report annual water supply condition information to the state board.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.56. Drought Planning for Small Water Suppliers, State Small Water Systems, and Domestic Well Communities [10609.50 - 10609.80] ( Part 2.56 added by Stats. 2021, Ch. 245, Sec. 1. ) ## CHAPTER 2. Small Water Suppliers and Nontransient Noncommunity Water Systems [10609.60 - 10609.63] ( Chapter 2 added by Stats. 2021, Ch. 245, Sec. 1. ) ## 10609.61. A small water supplier and a nontransient noncommunity water system that is a school shall each report annually water supply condition information to the state board through the state board’s Electronic Annual Reporting (eAR) System or other reporting tool, as directed by the state board. Water supply condition information includes, but is not limited to, both of the following: (a) An inventory and assessment of each water supply source, including its available status and if any further investments or treatment are required for its utilization, any lead time required for its utilization, and its delivery parameters such as flow rate and total volume available. (b) The reporting year’s total water demand volume for each month, and average and peak flowrate demand for each month and annually. (Added by Stats. 2021, Ch. 245, Sec. 1. (SB 552) Effective January 1, 2022.)
  5. 10609.62.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.56. Drought Planning for Small Water Suppliers, State Small Water Systems, and Domestic Well Communities [10609.50 - 10609.80] ( Part 2.56 added by Stats. 2021, Ch. 245, Sec. 1. ) ## CHAPTER 2. Small Water Suppliers and Nontransient Noncommunity Water Systems [10609.60 - 10609.63] ( Chapter 2 added by Stats. 2021, Ch. 245, Sec. 1. )

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    School-related small water suppliers and nontransient noncommunity water systems must implement specified drought resiliency measures, subject to funding availability.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.56. Drought Planning for Small Water Suppliers, State Small Water Systems, and Domestic Well Communities [10609.50 - 10609.80] ( Part 2.56 added by Stats. 2021, Ch. 245, Sec. 1. ) ## CHAPTER 2. Small Water Suppliers and Nontransient Noncommunity Water Systems [10609.60 - 10609.63] ( Chapter 2 added by Stats. 2021, Ch. 245, Sec. 1. ) ## 10609.62. Small water suppliers and nontransient noncommunity water systems that are schools shall implement, subject to funding availability, all of the following drought resiliency measures: (a) No later than January 1, 2023, implement monitoring systems sufficient to detect production well groundwater levels. (b) Beginning no later than January 1, 2023, maintain membership in the California Water/Wastewater Agency Response Network (CalWARN) or similar mutual aid organization. (c) No later than January 1, 2024, to ensure continuous operations during power failures, provide adequate backup electrical supply. (d) No later than January 1, 2027, have at least one backup source of water supply, or a water system intertie, that meets current water quality requirements and is sufficient to meet average daily demand. (e) No later than January 1, 2032, meter each service connection and monitor for water loss due to leakages. (f) No later than January 1, 2032, have source system capacity, treatment system capacity if necessary, and distribution system capacity to meet fire flow requirements. (Added by Stats. 2021, Ch. 245, Sec. 1. (SB 552) Effective January 1, 2022.)
  6. 10609.63.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.56. Drought Planning for Small Water Suppliers, State Small Water Systems, and Domestic Well Communities [10609.50 - 10609.80] ( Part 2.56 added by Stats. 2021, Ch. 245, Sec. 1. ) ## CHAPTER 2. Small Water Suppliers and Nontransient Noncommunity Water Systems [10609.60 - 10609.63] ( Chapter 2 added by Stats. 2021, Ch. 245, Sec. 1. )

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    This chapter does not apply to certain small water suppliers that choose to comply with Chapter 3 of Part 2.6 instead.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.56. Drought Planning for Small Water Suppliers, State Small Water Systems, and Domestic Well Communities [10609.50 - 10609.80] ( Part 2.56 added by Stats. 2021, Ch. 245, Sec. 1. ) ## CHAPTER 2. Small Water Suppliers and Nontransient Noncommunity Water Systems [10609.60 - 10609.63] ( Chapter 2 added by Stats. 2021, Ch. 245, Sec. 1. ) ## 10609.63. This chapter does not apply to small water suppliers, or small water suppliers integrated into larger water systems, that voluntarily choose to instead comply with Chapter 3 (commencing with Section 10620) of Part 2.6. (Added by Stats. 2021, Ch. 245, Sec. 1. (SB 552) Effective January 1, 2022.)
  7. 10609.70.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.56. Drought Planning for Small Water Suppliers, State Small Water Systems, and Domestic Well Communities [10609.50 - 10609.80] ( Part 2.56 added by Stats. 2021, Ch. 245, Sec. 1. ) ## CHAPTER 3. State Small Water Systems Serving 5 to 14 Service Connections, Inclusive, and Domestic Wells [10609.70- 10609.70.] ( Chapter 3 added by Stats. 2021, Ch. 245, Sec. 1. )

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    A county must create drought and water shortage preparedness arrangements for state small water systems and domestic wells, or use an alternative coordinating process, and the state board must work with others on resiliency needs.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.56. Drought Planning for Small Water Suppliers, State Small Water Systems, and Domestic Well Communities [10609.50 - 10609.80] ( Part 2.56 added by Stats. 2021, Ch. 245, Sec. 1. ) ## CHAPTER 3. State Small Water Systems Serving 5 to 14 Service Connections, Inclusive, and Domestic Wells [10609.70- 10609.70.] ( Chapter 3 added by Stats. 2021, Ch. 245, Sec. 1. ) ## 10609.70. (a) (1) A county shall establish a standing county drought and water shortage task force to facilitate drought and water shortage preparedness for state small water systems and domestic wells within the county’s jurisdiction, and shall invite representatives from the state and other local governments, including groundwater sustainability agencies, and community-based organizations, local water suppliers, and local residents, to participate in the task force. (2) In lieu of the task force required by paragraph (1), a county may establish an alternative process that facilitates drought and water shortage preparedness for state small water systems and domestic wells within the county’s jurisdiction. The alternative process shall provide opportunities for coordinating and communicating with the state and other local governments, community-based organizations, local water suppliers, and local residents on a regular basis and during drought or water shortage emergencies. (3) A county that establishes a drought task force on or before January 1, 2022, shall be deemed in compliance with this subdivision as long as the task force continues to exist. (b) A county shall develop a plan that includes potential drought and water shortage risk and proposed interim and long-term solutions for state small water systems and domestic wells within the county’s jurisdiction. The plan may be a stand-alone document or may be included as an element in an existing county plan, such as a local hazard mitigation plan, emergency operations plan, climate action plan, or general plan. A county shall consult with its drought task force or alternative coordinating process as established by this section in developing its plan. A county shall consider, at a minimum, all of the following in its plan: (1) Consolidations for existing water systems and domestic wells. (2) Domestic well drinking water mitigation programs. (3) Provision of emergency and interim drinking water solutions. (4) An analysis of the steps necessary to implement the plan. (5) An analysis of local, state, and federal funding sources available to implement the plan. (c) The state board shall work with counties, groundwater sustainability agencies, technical assistance providers, nonprofit organizations, community-based organizations, and the public to address state small water system and domestic well community drought and emergency water shortage resiliency needs, including both of the following: (1) Proactive communication to domestic well communities before a drought occurs, such as information on local bottled water and water tank providers. (2) Funding for installation of basic drought and emergency water shortage resiliency infrastructure, such as well monitoring devices. (Added by Stats. 2021, Ch. 245, Sec. 1. (SB 552) Effective January 1, 2022.)
  8. 10609.8.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

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    The department must study and recommend outdoor irrigation standards by October 1, 2021, and the board must adopt standards under this chapter.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.8. (a) The department, in coordination with the board, shall conduct necessary studies and investigations and recommend, no later than October 1, 2021, standards for outdoor irrigation of landscape areas with dedicated irrigation meters or other means of calculating outdoor irrigation use in connection with CII water use for adoption by the board in accordance with this chapter. (b) The standards shall incorporate the principles of the model water efficient landscape ordinance adopted by the department pursuant to the Water Conservation in Landscaping Act (Article 10.8 (commencing with Section 65591) of Chapter 3 of Division 1 of Title 7 of the Government Code). (c) The standards shall include an exclusion for water for commercial agricultural use meeting the definition of subdivision (b) of Section 51201 of the Government Code. (Added by Stats. 2018, Ch. 15, Sec. 7. (AB 1668) Effective January 1, 2019.)
  9. 10609.80.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.56. Drought Planning for Small Water Suppliers, State Small Water Systems, and Domestic Well Communities [10609.50 - 10609.80] ( Part 2.56 added by Stats. 2021, Ch. 245, Sec. 1. ) ## CHAPTER 4. State Agency Implementation [10609.80- 10609.80.] ( Chapter 4 added by Stats. 2021, Ch. 245, Sec. 1. )

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    The department must maintain and update a drought risk tool, publish related data, and establish a standing interagency drought and water shortage task force.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.56. Drought Planning for Small Water Suppliers, State Small Water Systems, and Domestic Well Communities [10609.50 - 10609.80] ( Part 2.56 added by Stats. 2021, Ch. 245, Sec. 1. ) ## CHAPTER 4. State Agency Implementation [10609.80- 10609.80.] ( Chapter 4 added by Stats. 2021, Ch. 245, Sec. 1. ) ## 10609.80. (a) The department shall take both of the following actions to support implementation of the recommendations of its County Drought Advisory Group: (1) Maintain, in partnership with the state board and other relevant state agencies, the risk vulnerability tool developed as part of the County Drought Advisory Group process and continue to refine existing data and gather new data for the tool, including, but not limited to, data on all of the following: (A) Small water suppliers and nontransient noncommunity water systems serving a school. (B) State small water systems and rural communities. (C) Domestic wells and other self-supplied residents. (2) Update the risk vulnerability tool for small water suppliers and rural communities periodically, by doing all of the following: (A) Revise the indicators and construction of the scoring as more data becomes readily available. (B) Make existing and new data publicly available on the California Open Data internet web portal. (C) In consultation with other relevant state agencies, identify deficits in data quality and availability and develop recommendations to address these gaps. (b) (1) The department, in collaboration with the state board and relevant state agencies, shall establish a standing interagency drought and water shortage task force to facilitate proactive state planning and coordination, both for predrought planning and postdrought emergency response, to develop strategies to enhance collaboration between various fields, and to consider all types of water users. (2) The interagency drought and water shortage task force shall include representatives from local governments, community-based organizations, nonprofit technical assistance providers, the public, and experts in land use planning, water resiliency, and water infrastructure. (Added by Stats. 2021, Ch. 245, Sec. 1. (SB 552) Effective January 1, 2022.)
  10. 10609.9.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

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    This section defines what “principles of the model water efficient landscape ordinance” means for certain water code sections.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.9. For purposes of Sections 10609.6 and 10609.8, “principles of the model water efficient landscape ordinance” means those provisions of the model water efficient landscape ordinance applicable to the establishment or determination of the amount of water necessary to efficiently irrigate both new and existing landscapes. These provisions include, but are not limited to, all of the following: (a) Evapotranspiration adjustment factors, as applicable. (b) Landscape area. (c) Maximum applied water allowance. (d) Reference evapotranspiration. (e) Special landscape areas, including provisions governing evapotranspiration adjustment factors for different types of water used for irrigating the landscape. (Added by Stats. 2018, Ch. 15, Sec. 7. (AB 1668) Effective January 1, 2019.)
  11. 10610.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 1. General Declaration and Policy [10610 - 10610.4] ( Chapter 1 added by Stats. 1983, Ch. 1009, Sec. 1. )

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    This section says the part is known as the Urban Water Management Planning Act and may be cited by that name.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 1. General Declaration and Policy [10610 - 10610.4] ( Chapter 1 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10610. This part shall be known and may be cited as the “Urban Water Management Planning Act.” (Added by Stats. 1983, Ch. 1009, Sec. 1.)
  12. 10610.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 1. General Declaration and Policy [10610 - 10610.4] ( Chapter 1 added by Stats. 1983, Ch. 1009, Sec. 1. )

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    This section states legislative findings and says the part is meant to help water agencies with long-term planning for adequate water supplies.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 1. General Declaration and Policy [10610 - 10610.4] ( Chapter 1 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10610.2. (a) The Legislature finds and declares all of the following: (1) The waters of the state are a limited and renewable resource subject to ever-increasing demands. (2) The conservation and efficient use of urban water supplies are of statewide concern; however, the planning for that use and the implementation of those plans can best be accomplished at the local level. (3) A long-term, reliable supply of water is essential to protect the productivity of California’s businesses and economic climate, and increasing long-term water conservation among Californians, improving water use efficiency within the state’s communities and agricultural production, and strengthening local and regional drought planning are critical to California’s resilience to drought and climate change. (4) As part of its long-range planning activities, every urban water supplier should make every effort to ensure the appropriate level of reliability in its water service sufficient to meet the needs of its various categories of customers during normal, dry, and multiple dry water years now and into the foreseeable future, and every urban water supplier should collaborate closely with local land-use authorities to ensure water demand forecasts are consistent with current land-use planning. (5) Public health issues have been raised over a number of contaminants that have been identified in certain local and imported water supplies. (6) Implementing effective water management strategies, including groundwater storage projects and recycled water projects, may require specific water quality and salinity targets for meeting groundwater basins water quality objectives and promoting beneficial use of recycled water. (7) Water quality regulations are becoming an increasingly important factor in water agencies’ selection of raw water sources, treatment alternatives, and modifications to existing treatment facilities. (8) Changes in drinking water quality standards may also impact the usefulness of water supplies and may ultimately impact supply reliability. (9) The quality of source supplies can have a significant impact on water management strategies and supply reliability. (b) This part is intended to provide assistance to water agencies in carrying out their long-term resource planning responsibilities to ensure adequate water supplies to meet existing and future demands for water. (Amended by Stats. 2018, Ch. 14, Sec. 18. (SB 606) Effective January 1, 2019.)
  13. 10610.4.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 1. General Declaration and Policy [10610 - 10610.4] ( Chapter 1 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    California policy says urban water demands and efficient water use should be actively pursued, and urban water suppliers must develop water management plans.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 1. General Declaration and Policy [10610 - 10610.4] ( Chapter 1 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10610.4. The Legislature finds and declares that it is the policy of the state as follows: (a) The management of urban water demands and efficient use of water shall be actively pursued to protect both the people of the state and their water resources. (b) The management of urban water demands and efficient use of urban water supplies shall be a guiding criterion in public decisions. (c) Urban water suppliers shall be required to develop water management plans to achieve the efficient use of available supplies and strengthen local drought planning. (Amended by Stats. 2018, Ch. 14, Sec. 19. (SB 606) Effective January 1, 2019.)
  14. 10611.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    Unless the context requires otherwise, the definitions in this chapter govern how this part is interpreted.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10611. Unless the context otherwise requires, the definitions of this chapter govern the construction of this part. (Added by Stats. 1983, Ch. 1009, Sec. 1.)
  15. 10611.3.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    “Customer” is defined as a person or entity that buys water from a water supplier and uses it for municipal purposes.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10611.3. “Customer” means a purchaser of water from a water supplier who uses the water for municipal purposes, including residential, commercial, governmental, and industrial uses. (Added by renumbering Section 10612 by Stats. 2018, Ch. 14, Sec. 20. (SB 606) Effective January 1, 2019.)
  16. 10611.5.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    “Demand management” means water conservation measures, programs, and incentives that prevent waste and promote reasonable and efficient use and reuse of available supplies.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10611.5. “Demand management” means those water conservation measures, programs, and incentives that prevent the waste of water and promote the reasonable and efficient use and reuse of available supplies. (Amended by Stats. 1995, Ch. 854, Sec. 3. Effective January 1, 1996.)
  17. 10612.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    This section defines “drought risk assessment” as a method for examining water shortage risks using the driest five-year historic sequence for the agency’s water supply.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10612. “Drought risk assessment” means a method that examines water shortage risks based on the driest five-year historic sequence for the agency’s water supply, as described in subdivision (b) of Section 10635. (Added by Stats. 2018, Ch. 14, Sec. 21. (SB 606) Effective January 1, 2019.)
  18. 10613.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    “Efficient use” means water-management measures that use water most effectively to avoid waste or unreasonable use.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10613. “Efficient use” means those management measures that result in the most effective use of water so as to prevent its waste or unreasonable use or unreasonable method of use. (Added by Stats. 1983, Ch. 1009, Sec. 1.)
  19. 10614.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    This section defines “person” to include many kinds of individuals and organizations, including public agencies.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10614. “Person” means any individual, firm, association, organization, partnership, business, trust, corporation, company, public agency, or any agency of such an entity. (Added by Stats. 1983, Ch. 1009, Sec. 1.)
  20. 10615.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    “Plan” means an urban water management plan prepared under this part.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10615. “Plan” means an urban water management plan prepared pursuant to this part. A plan shall describe and evaluate sources of supply, reasonable and practical efficient uses, reclamation and demand management activities. The components of the plan may vary according to an individual community or area’s characteristics and its capabilities to efficiently use and conserve water. The plan shall address measures for residential, commercial, governmental, and industrial water demand management as set forth in Article 2 (commencing with Section 10630) of Chapter 3. In addition, a strategy and time schedule for implementation shall be included in the plan. (Amended by Stats. 1995, Ch. 854, Sec. 4. Effective January 1, 1996.)
  21. 10616.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    This section defines “public agency” to include boards, commissions, counties, cities and counties, cities, regional agencies, districts, and other public entities.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10616. “Public agency” means any board, commission, county, city and county, city, regional agency, district, or other public entity. (Added by Stats. 1983, Ch. 1009, Sec. 1.)
  22. 10616.5.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    This section defines “recycled water” as wastewater reclaimed and reused for beneficial use.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10616.5. ‛Recycled water” means the reclamation and reuse of wastewater for beneficial use. (Added by Stats. 1995, Ch. 854, Sec. 5. Effective January 1, 1996.)
  23. 10617.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    This section defines “urban water supplier” and limits the part to water supplied from public water systems subject to the cited Health and Safety Code chapter.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10617. “Urban water supplier” means a supplier, either publicly or privately owned, providing water for municipal purposes either directly or indirectly to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually. An urban water supplier includes a supplier or contractor for water, regardless of the basis of right, which distributes or sells for ultimate resale to customers. This part applies only to water supplied from public water systems subject to Chapter 4 (commencing with Section 116275) of Part 12 of Division 104 of the Health and Safety Code. (Amended by Stats. 1996, Ch. 1023, Sec. 428. Effective September 29, 1996.)
  24. 10617.5.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    “Water shortage contingency plan” means a document that includes specified provisions from Section 10632 and is adopted by an urban water supplier.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10617.5. “Water shortage contingency plan” means a document that incorporates the provisions detailed in subdivision (a) of Section 10632 and is subsequently adopted by an urban water supplier pursuant to this article. (Added by Stats. 2018, Ch. 14, Sec. 22. (SB 606) Effective January 1, 2019.)
  25. 10618.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    This section defines “water supply and demand assessment” as a method for examining current-year and dry-year water supplies and demands to determine water shortage risks.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 2. Definitions [10611 - 10618] ( Chapter 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10618. “Water supply and demand assessment” means a method that looks at current year and one or more dry year supplies and demands for determining water shortage risks, as described in Section 10632.1. (Added by Stats. 2018, Ch. 14, Sec. 23. (SB 606) Effective January 1, 2019.)
  26. 10620.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 1. General Provisions [10620 - 10621] ( Article 1 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    Urban water suppliers must prepare and adopt an urban water management plan, and new suppliers must do so within one year of becoming a supplier.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 1. General Provisions [10620 - 10621] ( Article 1 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10620. (a) Every urban water supplier shall prepare and adopt an urban water management plan in the manner set forth in Article 3 (commencing with Section 10640). (b) Every person that becomes an urban water supplier shall adopt an urban water management plan within one year after it has become an urban water supplier. (c) An urban water supplier indirectly providing water shall not include planning elements in its water management plan as provided in Article 2 (commencing with Section 10630) that would be applicable to urban water suppliers or public agencies directly providing water, or to their customers, without the consent of those suppliers or public agencies. (d) (1) An urban water supplier may satisfy the requirements of this part by participation in areawide, regional, watershed, or basinwide urban water management planning where those plans will reduce preparation costs and contribute to the achievement of conservation, efficient water use, and improved local drought resilience. (2) Notwithstanding paragraph (1), each urban water supplier shall develop its own water shortage contingency plan, but an urban water supplier may incorporate, collaborate, and otherwise share information with other urban water suppliers or other governing entities participating in an areawide, regional, watershed, or basinwide urban water management plan, an agricultural management plan, or groundwater sustainability plan development. (3) Each urban water supplier shall coordinate the preparation of its plan with other appropriate agencies in the area, including other water suppliers that share a common source, water management agencies, and relevant public agencies, to the extent practicable. (e) The urban water supplier may prepare the plan with its own staff, by contract, or in cooperation with other governmental agencies. (f) An urban water supplier shall describe in the plan water management tools and options used by that entity that will maximize resources and minimize the need to import water from other regions. (Amended by Stats. 2018, Ch. 14, Sec. 24. (SB 606) Effective January 1, 2019.)
  27. 10621.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 1. General Provisions [10620 - 10621] ( Article 1 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    Urban water suppliers must update their plans on a five-year cycle, give notice before the public hearing, and file certain plans with the department or in rate case filings when required.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 1. General Provisions [10620 - 10621] ( Article 1 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10621. (a) Each urban water supplier shall update its plan at least once every five years on or before July 1, in years ending in six and one, incorporating updated and new information from the five years preceding each update. (b) Every urban water supplier required to prepare a plan pursuant to this part shall, at least 60 days before the public hearing on the plan required by Section 10642, notify any city or county within which the supplier provides water supplies that the urban water supplier will be reviewing the plan and considering amendments or changes to the plan. The urban water supplier may consult with, and obtain comments from, any city or county that receives notice pursuant to this subdivision. (c) An urban water supplier regulated by the Public Utilities Commission shall include its most recent plan and water shortage contingency plan as part of the supplier’s general rate case filings. (d) The amendments to, or changes in, the plan shall be adopted and filed in the manner set forth in Article 3 (commencing with Section 10640). (e) Each urban water supplier shall update and submit its 2015 plan to the department by July 1, 2016. (f) Each urban water supplier shall update and submit its 2020 plan to the department by July 1, 2021. (Amended by Stats. 2019, Ch. 239, Sec. 7. (AB 1414) Effective January 1, 2020.)
  28. 10630.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    The Legislature states that this part is meant to allow water management planning levels to match the number of customers served and the amount of water supplied, while accounting for climate change impacts.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10630. It is the intention of the Legislature, in enacting this part, to permit levels of water management planning commensurate with the numbers of customers served and the volume of water supplied, while accounting for impacts from climate change. (Amended by Stats. 2018, Ch. 14, Sec. 26. (SB 606) Effective January 1, 2019.)
  29. 10630.5.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    Each plan must include a plain-language description of the agency’s water supply, future needs, strategy, challenges, and any other information needed to understand the plan.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10630.5. Each plan shall include a simple lay description of how much water the agency has on a reliable basis, how much it needs for the foreseeable future, what the agency’s strategy is for meeting its water needs, the challenges facing the agency, and any other information necessary to provide a general understanding of the agency’s plan. (Added by Stats. 2018, Ch. 14, Sec. 27. (SB 606) Effective January 1, 2019.)
  30. 10631.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    Urban water suppliers must prepare a plan that covers water supply, demand, projections, conservation measures, and related information.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10631. A plan shall be adopted in accordance with this chapter that shall do all of the following: (a) Describe the service area of the supplier, including current and projected population, climate, and other social, economic, and demographic factors affecting the supplier’s water management planning. The projected population estimates shall be based upon data from the state, regional, or local service agency population projections within the service area of the urban water supplier and shall be in five-year increments to 20 years or as far as data is available. The description shall include the current and projected land uses within the existing or anticipated service area affecting the supplier’s water management planning. Urban water suppliers shall coordinate with local or regional land use authorities to determine the most appropriate land use information, including, where appropriate, land use information obtained from local or regional land use authorities, as developed pursuant to Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code. (b) Identify and quantify, to the extent practicable, the existing and planned sources of water available to the supplier over the same five-year increments described in subdivision (a), providing supporting and related information, including all of the following: (1) A detailed discussion of anticipated supply availability under a normal water year, single dry year, and droughts lasting at least five years, as well as more frequent and severe periods of drought, as described in the drought risk assessment. For each source of water supply, consider any information pertinent to the reliability analysis conducted pursuant to Section 10635, including changes in supply due to climate change. (2) When multiple sources of water supply are identified, a description of the management of each supply in correlation with the other identified supplies. (3) For any planned sources of water supply, a description of the measures that are being undertaken to acquire and develop those water supplies. (4) If groundwater is identified as an existing or planned source of water available to the supplier, all of the following information: (A) The current version of any groundwater sustainability plan or alternative adopted pursuant to Part 2.74 (commencing with Section 10720), any groundwater management plan adopted by the urban water supplier, including plans adopted pursuant to Part 2.75 (commencing with Section 10750), or any other specific authorization for groundwater management for basins underlying the urban water supplier’s service area. (B) A description of any groundwater basin or basins from which the urban water supplier pumps groundwater. For basins that a court or the board has adjudicated the rights to pump groundwater, a copy of the order or decree adopted by the court or the board and a description of the amount of groundwater the urban water supplier has the legal right to pump under the order or decree. For a basin that has not been adjudicated, information as to whether the department has identified the basin as a high- or medium-priority basin in the most current official departmental bulletin that characterizes the condition of the groundwater basin, and a detailed description of the efforts being undertaken by the urban water supplier to coordinate with groundwater sustainability agencies or groundwater management agencies listed in subdivision (c) of Section 10723 to maintain or achieve sustainable groundwater conditions in accordance with a groundwater sustainability plan or alternative adopted pursuant to Part 2.74 (commencing with Section 10720). (C) A detailed description and analysis of the location, amount, and sufficiency of groundwater pumped by the urban water supplier for the past five years. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historic use records. (D) A detailed description and analysis of the amount and location of groundwater that is projected to be pumped by the urban water supplier. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historic use records. (c) Describe the opportunities for exchanges or transfers of water on a short-term or long-term basis. (d) (1) For an urban retail water supplier, quantify, to the extent records are available, past and current water use, over the same five-year increments described in subdivision (a), and projected water use, based upon information developed pursuant to subdivision (a), identifying the uses among water use sectors, including, but not necessarily limited to, all of the following: (A) Single-family residential. (B) Multifamily. (C) Commercial. (D) Industrial. (E) Institutional and governmental. (F) Landscape. (G) Sales to other agencies. (H) Saline water intrusion barriers, groundwater recharge, or conjunctive use, or any combination thereof. (I) Agricultural. (J) Distribution system water loss. (2) The water use projections shall be in the same five-year increments described in subdivision (a). (3) (A) The distribution system water loss shall be quantified for each of the five years preceding the plan update, in accordance with rules adopted pursuant to Section 10608.34. (B) The distribution system water loss quantification shall be reported in accordance with a worksheet approved or developed by the department through a public process. The water loss quantification worksheet shall be based on the water system balance methodology developed by the American Water Works Association. (C) In the plan due July 1, 2021, and in each update thereafter, data shall be included to show whether the urban retail water supplier met the distribution loss standards enacted by the board pursuant to Section 10608.34. (4) (A) Water use projections, where available, shall display and account for the water savings estimated to result from adopted codes, standards, ordinances, or transportation and land use plans identified by the urban water supplier, as applicable to the service area. (B) To the extent that an urban water supplier reports the information described in subparagraph (A), an urban water supplier shall do both of the following: (i) Provide citations of the various codes, standards, ordinances, or transportation and land use plans utilized in making the projections. (ii) Indicate the extent that the water use projections consider savings from codes, standards, ordinances, or transportation and land use plans. Water use projections that do not account for these water savings shall be noted of that fact. (e) Provide a description of the supplier’s water demand management measures. This description shall include all of the following: (1) (A) For an urban retail water supplier, as defined in Section 10608.12, a narrative description that addresses the nature and extent of each water demand management measure implemented over the past five years. The narrative shall describe the water demand management measures that the supplier plans to implement to achieve its water use targets pursuant to Section 10608.20. (B) The narrative pursuant to this paragraph shall include descriptions of the following water demand management measures: (i) Water waste prevention ordinances. (ii) Metering. (iii) Conservation pricing. (iv) Public education and outreach. (v) Programs to assess and manage distribution system real loss. (vi) Water conservation program coordination and staffing support. (vii) Other demand management measures that have a significant impact on water use as measured in gallons per capita per day, including innovative measures, if implemented. (2) For an urban wholesale water supplier, as defined in Section 10608.12, a narrative description of the items in clauses (ii), (iv), (vi), and (vii) of subparagraph (B) of paragraph (1), and a narrative description of its distribution system asset management and wholesale supplier assistance programs. (f) Include a description of all water supply projects and water supply programs that may be undertaken by the urban water supplier to meet the total projected water use, as established pursuant to subdivision (a) of Section 10635. The urban water supplier shall include a detailed description of expected future projects and programs that the urban water supplier may implement to increase the amount of the water supply available to the urban water supplier in normal and single-dry water years and for a period of drought lasting five consecutive water years. The description shall identify specific projects and include a description of the increase in water supply that is expected to be available from each project. The description shall include an estimate with regard to the implementation timeline for each project or program. (g) Describe the opportunities for development of desalinated water, including, but not limited to, ocean water, brackish water, and groundwater, as a long-term supply. (h) An urban water supplier that relies upon a wholesale agency for a source of water shall provide the wholesale agency with water use projections from that agency for that source of water in five-year increments to 20 years or as far as data is available. The wholesale agency shall provide information to the urban water supplier for inclusion in the urban water supplier’s plan that identifies and quantifies, to the extent practicable, the existing and planned sources of water as required by subdivision (b), available from the wholesale agency to the urban water supplier over the same five-year increments, and during various water-year types in accordance with subdivision (f). An urban water supplier may rely upon water supply information provided by the wholesale agency in fulfilling the plan informational requirements of subdivisions (b) and (f). (Amended by Stats. 2019, Ch. 239, Sec. 8. (AB 1414) Effective January 1, 2020.)
  31. 10631.1.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    Water use projections must include projected water use for single-family and multifamily housing needed for lower income households identified in a city’s, county’s, or city and county’s housing element within the supplier’s service area.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10631.1. (a) The water use projections required by Section 10631 shall include projected water use for single-family and multifamily residential housing needed for lower income households, as defined in Section 50079.5 of the Health and Safety Code, as identified in the housing element of any city, county, or city and county in the service area of the supplier. (b) It is the intent of the Legislature that the identification of projected water use for single-family and multifamily residential housing for lower income households will assist a supplier in complying with the requirement under Section 65589.7 of the Government Code to grant a priority for the provision of service to housing units affordable to lower income households. (Added by Stats. 2005, Ch. 727, Sec. 2. Effective January 1, 2006.)
  32. 10631.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    Urban water management plans must include readily obtainable energy-use information, and the department must put an energy-intensity methodology in its guidance.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10631.2. (a) In addition to the requirements of Section 10631, an urban water management plan shall include any of the following information that the urban water supplier can readily obtain: (1) An estimate of the amount of energy used to extract or divert water supplies. (2) An estimate of the amount of energy used to convey water supplies to the water treatment plants or distribution systems. (3) An estimate of the amount of energy used to treat water supplies. (4) An estimate of the amount of energy used to distribute water supplies through its distribution systems. (5) An estimate of the amount of energy used for treated water supplies in comparison to the amount used for nontreated water supplies. (6) An estimate of the amount of energy used to place water into or withdraw from storage. (7) Any other energy-related information the urban water supplier deems appropriate. (b) The department shall include in its guidance for the preparation of urban water management plans a methodology for the voluntary calculation or estimation of the energy intensity of urban water systems. The department may consider studies and calculations conducted by the Public Utilities Commission in developing the methodology. (c) The Legislature finds and declares that energy use is only one factor in water supply planning and shall not be considered independently of other factors. (Amended by Stats. 2018, Ch. 14, Sec. 29. (SB 606) Effective January 1, 2019.)
  33. 10632.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    Urban water suppliers must prepare and adopt a water shortage contingency plan and include specified elements, shortage levels, response actions, communications, and related procedures.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10632. (a) Every urban water supplier shall prepare and adopt a water shortage contingency plan as part of its urban water management plan that consists of each of the following elements: (1) The analysis of water supply reliability conducted pursuant to Section 10635. (2) The procedures used in conducting an annual water supply and demand assessment that include, at a minimum, both of the following: (A) The written decisionmaking process that an urban water supplier will use each year to determine its water supply reliability. (B) The key data inputs and assessment methodology used to evaluate the urban water supplier’s water supply reliability for the current year and one dry year, including all of the following: (i) Current year unconstrained demand, considering weather, growth, and other influencing factors, such as policies to manage current supplies to meet demand objectives in future years, as applicable. (ii) Current year available supply, considering hydrological and regulatory conditions in the current year and one dry year. The annual supply and demand assessment may consider more than one dry year solely at the discretion of the urban water supplier. (iii) Existing infrastructure capabilities and plausible constraints. (iv) A defined set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment. (v) A description and quantification of each source of water supply. (3) (A) Six standard water shortage levels corresponding to progressive ranges of up to 10, 20, 30, 40, and 50 percent shortages and greater than 50 percent shortage. Urban water suppliers shall define these shortage levels based on the suppliers’ water supply conditions, including percentage reductions in water supply, changes in groundwater levels, changes in surface elevation or level of subsidence, or other changes in hydrological or other local conditions indicative of the water supply available for use. Shortage levels shall also apply to catastrophic interruption of water supplies, including, but not limited to, a regional power outage, an earthquake, and other potential emergency events. (B) An urban water supplier with an existing water shortage contingency plan that uses different water shortage levels may comply with the requirement in subparagraph (A) by developing and including a cross-reference relating its existing categories to the six standard water shortage levels. (4) Shortage response actions that align with the defined shortage levels and include, at a minimum, all of the following: (A) Locally appropriate supply augmentation actions. (B) Locally appropriate demand reduction actions to adequately respond to shortages. (C) Locally appropriate operational changes. (D) Additional, mandatory prohibitions against specific water use practices that are in addition to state-mandated prohibitions and appropriate to the local conditions. (E) For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action. (5) Communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding, at a minimum, all of the following: (A) Any current or predicted shortages as determined by the annual water supply and demand assessment described pursuant to Section 10632.1. (B) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section 10632.1. (C) Any other relevant communications. (6) For an urban retail water supplier, customer compliance, enforcement, appeal, and exemption procedures for triggered shortage response actions as determined pursuant to Section 10632.2. (7) (A) A description of the legal authorities that empower the urban water supplier to implement and enforce its shortage response actions specified in paragraph (4) that may include, but are not limited to, statutory authorities, ordinances, resolutions, and contract provisions. (B) A statement that an urban water supplier shall declare a water shortage emergency in accordance with Chapter 3 (commencing with Section 350) of Division 1. (C) A statement that an urban water supplier shall coordinate with any city or county within which it provides water supply services for the possible proclamation of a local emergency, as defined in Section 8558 of the Government Code. (8) A description of the financial consequences of, and responses for, drought conditions, including, but not limited to, all of the following: (A) A description of potential revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4). (B) A description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4). (C) A description of the cost of compliance with Chapter 3.3 (commencing with Section 365) of Division 1. (9) For an urban retail water supplier, monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and to meet state reporting requirements. (10) Reevaluation and improvement procedures for systematically monitoring and evaluating the functionality of the water shortage contingency plan in order to ensure shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented as needed. (b) For purposes of developing the water shortage contingency plan pursuant to subdivision (a), an urban water supplier shall analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code. (c) The urban water supplier shall make available the water shortage contingency plan prepared pursuant to this article to its customers and any city or county within which it provides water supplies no later than 30 days after adoption of the water shortage contingency plan. (Repealed and added by Stats. 2018, Ch. 14, Sec. 32. (SB 606) Effective January 1, 2019.)
  34. 10632.1.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    Urban water suppliers must do an annual water supply and demand assessment and file a yearly shortage assessment report with the department by July 1.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10632.1. An urban water supplier shall conduct an annual water supply and demand assessment pursuant to subdivision (a) of Section 10632 and, on or before July 1 of each year, submit an annual water shortage assessment report to the department with information for anticipated shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the supplier’s water shortage contingency plan. An urban water supplier that relies on imported water from the State Water Project or the Bureau of Reclamation shall submit its annual water supply and demand assessment within 14 days of receiving its final allocations, or by July 1 of each year, whichever is later. (Amended by Stats. 2019, Ch. 239, Sec. 9. (AB 1414) Effective January 1, 2020.)
  35. 10632.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    An urban water supplier must follow the plan’s prescribed procedures and shortage response actions when feasible and appropriate, or use reasonable alternative actions with the required report description. It may also take needed actions not listed in the plan without formally amending the plan.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10632.2. An urban water supplier shall follow, where feasible and appropriate, the prescribed procedures and implement determined shortage response actions in its water shortage contingency plan, as identified in subdivision (a) of Section 10632, or reasonable alternative actions, provided that descriptions of the alternative actions are submitted with the annual water shortage assessment report pursuant to Section 10632.1. Nothing in this section prohibits an urban water supplier from taking actions not specified in its water shortage contingency plan, if needed, without having to formally amend its urban water management plan or water shortage contingency plan. (Added by Stats. 2018, Ch. 14, Sec. 34. (SB 606) Effective January 1, 2019.)
  36. 10632.3.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    The Legislature states that, during a drought-based state of emergency, the board should defer to locally adopted water shortage contingency plans as far as practicable.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10632.3. It is the intent of the Legislature that, upon proclamation by the Governor of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions, the board defer to implementation of locally adopted water shortage contingency plans to the extent practicable. (Added by Stats. 2018, Ch. 14, Sec. 35. (SB 606) Effective January 1, 2019.)
  37. 10632.5.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    Urban water suppliers must include a seismic risk assessment and mitigation plan in the water management plan and update it when the plan is updated; they may use an adopted local or multihazard mitigation plan instead if it addresses seismic risk.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10632.5. (a) In addition to the requirements of paragraph (3) of subdivision (a) of Section 10632, beginning January 1, 2020, the plan shall include a seismic risk assessment and mitigation plan to assess the vulnerability of each of the various facilities of a water system and mitigate those vulnerabilities. (b) An urban water supplier shall update the seismic risk assessment and mitigation plan when updating its urban water management plan as required by Section 10621. (c) An urban water supplier may comply with this section by submitting, pursuant to Section 10644, a copy of the most recent adopted local hazard mitigation plan or multihazard mitigation plan under the federal Disaster Mitigation Act of 2000 (Public Law 106-390) if the local hazard mitigation plan or multihazard mitigation plan addresses seismic risk. (Added by Stats. 2015, Ch. 681, Sec. 1. (SB 664) Effective January 1, 2016.)
  38. 10633.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    The plan must include recycled-water information and several specified descriptions, analyses, projections, and a recycled-water optimization plan.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10633. The plan shall provide, to the extent available, information on recycled water and its potential for use as a water source in the service area of the urban water supplier. The preparation of the plan shall be coordinated with local water, wastewater, groundwater, and planning agencies that operate within the supplier’s service area, and shall include all of the following: (a) A description of the wastewater collection and treatment systems in the supplier’s service area, including a quantification of the amount of wastewater collected and treated and the methods of wastewater disposal. (b) A description of the quantity of treated wastewater that meets recycled water standards, is being discharged, and is otherwise available for use in a recycled water project. (c) A description of the recycled water currently being used in the supplier’s service area, including, but not limited to, the type, place, and quantity of use. (d) A description and quantification of the potential uses of recycled water, including, but not limited to, agricultural irrigation, landscape irrigation, wildlife habitat enhancement, wetlands, industrial reuse, groundwater recharge, indirect potable reuse, and other appropriate uses, and a determination with regard to the technical and economic feasibility of serving those uses. (e) The projected use of recycled water within the supplier’s service area at the end of 5, 10, 15, and 20 years, and a description of the actual use of recycled water in comparison to uses previously projected pursuant to this subdivision. (f) A description of actions, including financial incentives, which may be taken to encourage the use of recycled water, and the projected results of these actions in terms of acre-feet of recycled water used per year. (g) A plan for optimizing the use of recycled water in the supplier’s service area, including actions to facilitate the installation of dual distribution systems, to promote recirculating uses, to facilitate the increased use of treated wastewater that meets recycled water standards, and to overcome any obstacles to achieving that increased use. (Amended by Stats. 2009, Ch. 534, Sec. 2. (AB 1465) Effective January 1, 2010.)
  39. 10634.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    The plan must include, where practicable, information about the quality of existing water sources and how water quality affects management strategies and supply reliability.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2. Contents of Plans [10630 - 10634] ( Article 2 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10634. The plan shall include information, to the extent practicable, relating to the quality of existing sources of water available to the supplier over the same five-year increments as described in subdivision (a) of Section 10631, and the manner in which water quality affects water management strategies and supply reliability. (Added by Stats. 2001, Ch. 644, Sec. 3. Effective January 1, 2002.)
  40. 10635.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2.5. Water Service Reliability [10635- 10635.] ( Article 2.5 added by Stats. 1995, Ch. 854, Sec. 11. )

    Verify source ↗

    Urban water suppliers must include water service reliability and drought risk assessments in their urban water management plans, and send the relevant plan portion to affected cities or counties within 60 days after plan submission.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 2.5. Water Service Reliability [10635- 10635.] ( Article 2.5 added by Stats. 1995, Ch. 854, Sec. 11. ) ## 10635. (a) Every urban water supplier shall include, as part of its urban water management plan, an assessment of the reliability of its water service to its customers during normal, dry, and multiple dry water years. This water supply and demand assessment shall compare the total water supply sources available to the water supplier with the long-term total projected water use over the next 20 years, in five-year increments, for a normal water year, a single dry water year, and a drought lasting five consecutive water years. The water service reliability assessment shall be based upon the information compiled pursuant to Section 10631, including available data from state, regional, or local agency population projections within the service area of the urban water supplier. (b) Every urban water supplier shall include, as part of its urban water management plan, a drought risk assessment for its water service to its customers as part of information considered in developing the demand management measures and water supply projects and programs to be included in the urban water management plan. The urban water supplier may conduct an interim update or updates to this drought risk assessment within the five-year cycle of its urban water management plan update. The drought risk assessment shall include each of the following: (1) A description of the data, methodology, and basis for one or more supply shortage conditions that are necessary to conduct a drought risk assessment for a drought period that lasts five consecutive water years, starting from the year following when the assessment is conducted. (2) A determination of the reliability of each source of supply under a variety of water shortage conditions. This may include a determination that a particular source of water supply is fully reliable under most, if not all, conditions. (3) A comparison of the total water supply sources available to the water supplier with the total projected water use for the drought period. (4) Considerations of the historical drought hydrology, plausible changes on projected supplies and demands under climate change conditions, anticipated regulatory changes, and other locally applicable criteria. (c) The urban water supplier shall provide that portion of its urban water management plan prepared pursuant to this article to any city or county within which it provides water supplies no later than 60 days after the submission of its urban water management plan. (d) Nothing in this article is intended to create a right or entitlement to water service or any specific level of water service. (e) Nothing in this article is intended to change existing law concerning an urban water supplier’s obligation to provide water service to its existing customers or to any potential future customers. (Amended by Stats. 2018, Ch. 14, Sec. 36. (SB 606) Effective January 1, 2019.)
  41. 10640.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 3. Adoption and Implementation of Plans [10640 - 10645] ( Article 3 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    Urban water suppliers that must prepare a plan must prepare it under the referenced article, periodically review it, and adopt any required amendments. The same rule applies to required water shortage contingency plans.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 3. Adoption and Implementation of Plans [10640 - 10645] ( Article 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10640. (a) Every urban water supplier required to prepare a plan pursuant to this part shall prepare its plan pursuant to Article 2 (commencing with Section 10630). The supplier shall likewise periodically review the plan as required by Section 10621, and any amendments or changes required as a result of that review shall be adopted pursuant to this article. (b) Every urban water supplier required to prepare a water shortage contingency plan shall prepare a water shortage contingency plan pursuant to Section 10632. The supplier shall likewise periodically review the water shortage contingency plan as required by paragraph (10) of subdivision (a) of Section 10632 and any amendments or changes required as a result of that review shall be adopted pursuant to this article. (Amended by Stats. 2018, Ch. 14, Sec. 37. (SB 606) Effective January 1, 2019.)
  42. 10641.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 3. Adoption and Implementation of Plans [10640 - 10645] ( Article 3 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    An urban water supplier that must prepare a plan or water shortage contingency plan may consult with and get comments from public or state agencies, or from persons with special expertise in water demand management.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 3. Adoption and Implementation of Plans [10640 - 10645] ( Article 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10641. An urban water supplier required to prepare a plan or a water shortage contingency plan may consult with, and obtain comments from, any public agency or state agency or any person who has special expertise with respect to water demand management methods and techniques. (Amended by Stats. 2018, Ch. 14, Sec. 38. (SB 606) Effective January 1, 2019.)
  43. 10642.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 3. Adoption and Implementation of Plans [10640 - 10645] ( Article 3 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    Urban water suppliers must involve the public, make the plan and water shortage contingency plan available, give notice, hold hearings, and adopt the plan after the hearings.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 3. Adoption and Implementation of Plans [10640 - 10645] ( Article 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10642. Each urban water supplier shall encourage the active involvement of diverse social, cultural, and economic elements of the population within the service area prior to and during the preparation of both the plan and the water shortage contingency plan. Prior to adopting either, the urban water supplier shall make both the plan and the water shortage contingency plan available for public inspection and shall hold a public hearing or hearings thereon. Prior to any of these hearings, notice of the time and place of the hearing shall be published within the jurisdiction of the publicly owned water supplier pursuant to Section 6066 of the Government Code. The urban water supplier shall provide notice of the time and place of a hearing to any city or county within which the supplier provides water supplies. Notices by a local public agency pursuant to this section shall be provided pursuant to Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code. A privately owned water supplier shall provide an equivalent notice within its service area. After the hearing or hearings, the plan or water shortage contingency plan shall be adopted as prepared or as modified after the hearing or hearings. (Amended by Stats. 2018, Ch. 14, Sec. 39. (SB 606) Effective January 1, 2019.)
  44. 10643.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 3. Adoption and Implementation of Plans [10640 - 10645] ( Article 3 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    An urban water supplier must implement its adopted plan according to the schedule in the plan.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 3. Adoption and Implementation of Plans [10640 - 10645] ( Article 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10643. An urban water supplier shall implement its plan adopted pursuant to this chapter in accordance with the schedule set forth in its plan. (Added by Stats. 1983, Ch. 1009, Sec. 1.)
  45. 10644.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 3. Adoption and Implementation of Plans [10640 - 10645] ( Article 3 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    Urban water suppliers must send their plans and related changes to specified recipients within 30 days, and the department must produce and distribute several reports and public materials on set schedules.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 3. Adoption and Implementation of Plans [10640 - 10645] ( Article 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10644. (a) (1) An urban water supplier shall submit to the department, the California State Library, and any city or county within which the supplier provides water supplies a copy of its plan no later than 30 days after adoption. Copies of amendments or changes to the plans shall be submitted to the department, the California State Library, and any city or county within which the supplier provides water supplies within 30 days after adoption. (2) The plan, or amendments to the plan, submitted to the department pursuant to paragraph (1) shall be submitted electronically and shall include any standardized forms, tables, or displays specified by the department. (b) If an urban water supplier revises its water shortage contingency plan, the supplier shall submit to the department a copy of its water shortage contingency plan prepared pursuant to subdivision (a) of Section 10632 no later than 30 days after adoption, in accordance with protocols for submission and using electronic reporting tools developed by the department. (c) (1) (A) Notwithstanding Section 10231.5 of the Government Code, the department shall prepare and submit to the Legislature, on or before July 1, in the years ending in seven and two, a report summarizing the status of the plans and water shortage contingency plans adopted pursuant to this part. The report prepared by the department shall identify the exemplary elements of the individual plans and water shortage contingency plans. The department shall provide a copy of the report to each urban water supplier that has submitted its plan and water shortage contingency plan to the department. The department shall also prepare reports and provide data for any legislative hearings designed to consider the effectiveness of plans and water shortage contingency plans submitted pursuant to this part. (B) The department shall prepare and submit to the board, on or before September 30 of each year, a report summarizing the submitted water supply and demand assessment results along with appropriate reported water shortage conditions and the regional and statewide analysis of water supply conditions developed by the department. As part of the report, the department shall provide a summary and, as appropriate, urban water supplier specific information regarding various shortage response actions implemented as a result of annual supplier-specific water supply and demand assessments performed pursuant to Section 10632.1. (C) The department shall submit the report to the Legislature for the 2015 plans by July 1, 2017, and the report to the Legislature for the 2020 plans and water shortage contingency plans by July 1, 2022. (2) A report to be submitted pursuant to subparagraph (A) of paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (d) The department shall make available to the public the standard the department will use to identify exemplary water demand management measures. (Amended by Stats. 2018, Ch. 14, Sec. 40. (SB 606) Effective January 1, 2019.)
  46. 10645.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 3. Adoption and Implementation of Plans [10640 - 10645] ( Article 3 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    An urban water supplier and the department must make the plan available for public review within 30 days after it is filed, during normal business hours.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 3. Urban Water Management Plans [10620 - 10645] ( Chapter 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## ARTICLE 3. Adoption and Implementation of Plans [10640 - 10645] ( Article 3 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10645. (a) Not later than 30 days after filing a copy of its plan with the department, the urban water supplier and the department shall make the plan available for public review during normal business hours. (b) Not later than 30 days after filing a copy of its water shortage contingency plan with the department, the urban water supplier and the department shall make the plan available for public review during normal business hours. (Amended by Stats. 2018, Ch. 14, Sec. 41. (SB 606) Effective January 1, 2019.)
  47. 10650.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 4. Miscellaneous Provisions [10650 - 10657] ( Chapter 4 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    Certain court actions about urban water supplier plans must be filed within 18 months or 90 days, depending on the claim.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 4. Miscellaneous Provisions [10650 - 10657] ( Chapter 4 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10650. Any actions or proceedings, other than actions by the board, to attack, review, set aside, void, or annul the acts or decisions of an urban water supplier on the grounds of noncompliance with this part shall be commenced as follows: (a) An action or proceeding alleging failure to adopt a plan or a water shortage contingency plan shall be commenced within 18 months after that adoption is required by this part. (b) Any action or proceeding alleging that a plan or water shortage contingency plan, or action taken pursuant to either, does not comply with this part shall be commenced within 90 days after filing of the plan or water shortage contingency plan or an amendment to either pursuant to Section 10644 or the taking of that action. (Amended by Stats. 2018, Ch. 14, Sec. 42. (SB 606) Effective January 1, 2019.)
  48. 10651.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 4. Miscellaneous Provisions [10650 - 10657] ( Chapter 4 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    This section limits review of certain challenges to water plans and related actions to whether there was a prejudicial abuse of discretion.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 4. Miscellaneous Provisions [10650 - 10657] ( Chapter 4 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10651. In any action or proceeding to attack, review, set aside, void, or annul a plan or a water shortage contingency plan, or an action taken pursuant to either by an urban water supplier on the grounds of noncompliance with this part, the inquiry shall extend only to whether there was a prejudicial abuse of discretion. Abuse of discretion is established if the supplier has not proceeded in a manner required by law or if the action by the water supplier is not supported by substantial evidence. (Amended by Stats. 2018, Ch. 14, Sec. 43. (SB 606) Effective January 1, 2019.)
  49. 10652.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 4. Miscellaneous Provisions [10650 - 10657] ( Chapter 4 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    CEQA does not apply to preparing and adopting plans under this part or to actions taken under Section 10632.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 4. Miscellaneous Provisions [10650 - 10657] ( Chapter 4 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10652. The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the preparation and adoption of plans pursuant to this part or to the implementation of actions taken pursuant to Section 10632. Nothing in this part shall be interpreted as exempting from the California Environmental Quality Act any project that would significantly affect water supplies for fish and wildlife, or any project for implementation of the plan, other than projects implementing Section 10632, or any project for expanded or additional water supplies. (Amended by Stats. 1995, Ch. 854, Sec. 16. Effective January 1, 1996.)
  50. 10653.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 4. Miscellaneous Provisions [10650 - 10657] ( Chapter 4 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    A plan adoption can satisfy certain state-law, regulatory, or order-based requirements for water management, shortage contingency, or conservation plans, but the board or Public Utilities Commission may still obtain extra information when needed.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 4. Miscellaneous Provisions [10650 - 10657] ( Chapter 4 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10653. The adoption of a plan shall satisfy any requirements of state law, regulation, or order, including those of the board and the Public Utilities Commission, for the preparation of water management plans, water shortage contingency plans, or conservation plans; provided, that if the board or the Public Utilities Commission requires additional information concerning water conservation, drought response measures, or financial conditions to implement its existing authority, nothing in this part shall be deemed to limit the board or the commission in obtaining that information. The requirements of this part shall be satisfied by any urban water demand management plan that complies with analogous federal laws or regulations after the effective date of this part, and which substantially meets the requirements of this part, or by any existing urban water management plan which includes the contents of a plan required under this part. (Amended by Stats. 2018, Ch. 14, Sec. 44. (SB 606) Effective January 1, 2019.)
  51. 10654.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 4. Miscellaneous Provisions [10650 - 10657] ( Chapter 4 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    An urban water supplier may recover certain planning and conservation costs in its rates.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 4. Miscellaneous Provisions [10650 - 10657] ( Chapter 4 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10654. An urban water supplier may recover in its rates the costs incurred in preparing its urban water management plan, its drought risk assessment, its water supply and demand assessment, and its water shortage contingency plan and implementing the reasonable water conservation measures included in either of the plans. (Amended by Stats. 2018, Ch. 14, Sec. 45. (SB 606) Effective January 1, 2019.)
  52. 10655.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 4. Miscellaneous Provisions [10650 - 10657] ( Chapter 4 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    If part of this part is held invalid, the rest still applies.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 4. Miscellaneous Provisions [10650 - 10657] ( Chapter 4 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10655. If any provision of this part or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this part which can be given effect without the invalid provision or application thereof, and to this end the provisions of this part are severable. (Added by Stats. 1983, Ch. 1009, Sec. 1.)
  53. 10656.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 4. Miscellaneous Provisions [10650 - 10657] ( Chapter 4 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    An urban water supplier cannot be eligible for a state water grant or loan unless it complies with this part.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 4. Miscellaneous Provisions [10650 - 10657] ( Chapter 4 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10656. An urban water supplier is not eligible for a water grant or loan awarded or administered by the state unless the urban water supplier complies with this part. (Amended by Stats. 2018, Ch. 14, Sec. 46. (SB 606) Effective January 1, 2019.)
  54. 10657.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 4. Miscellaneous Provisions [10650 - 10657] ( Chapter 4 added by Stats. 1983, Ch. 1009, Sec. 1. )

    Verify source ↗

    The department may adopt regulations for water definitions, water use, reporting periods, and other rules needed to implement this part, and it must seek broad public participation when developing those regulations.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.6. URBAN WATER MANAGEMENT PLANNING [10610 - 10657] ( Part 2.6 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## CHAPTER 4. Miscellaneous Provisions [10650 - 10657] ( Chapter 4 added by Stats. 1983, Ch. 1009, Sec. 1. ) ## 10657. The department may adopt regulations regarding the definitions of water, water use, and reporting periods, and may adopt any other regulations deemed necessary or desirable to implement this part. In developing regulations pursuant to this section, the department shall solicit broad public participation from stakeholders and other interested persons. (Added by Stats. 2018, Ch. 14, Sec. 47. (SB 606) Effective January 1, 2019.)
  55. 107.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    This chapter’s statement of state policy is not exclusive, and other policy declarations in the code must be given full force and effect.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 107. The declaration of the policy of the State in this chapter is not exclusive, and all other or further declarations of policy in this code shall be given their full force and effect. (Enacted by Stats. 1943, Ch. 368.)
  56. 10700.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. )

    Verify source ↗

    This part applies only within the existing boundaries of the Mendocino City Community Services District.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. ) ## 10700. This part applies only to the area within the existing boundaries of the Mendocino City Community Services District. (Added by Stats. 1987, Ch. 472, Sec. 1.)
  57. 10701.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. )

    Verify source ↗

    This section defines “local agency” and excludes certain extraction-related subsurface waters from “groundwater” and “groundwater resources.”

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. ) ## 10701. (a) As used in this part, “local agency” means any city, county, district, agency, or other political subdivision of the state for the local performance of governmental or proprietary functions within limited boundaries. (b) As used in this part, “groundwater” and “groundwater resources” do not include those subsurface waters incidentally produced in connection with or as a result of natural resource extraction activities when the disposal of those subsurface waters is regulated by state or federal law. (Added by Stats. 1987, Ch. 472, Sec. 1.)
  58. 10702.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. )

    Verify source ↗

    A local agency that is authorized to provide water services may create groundwater management programs.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. ) ## 10702. Any local agency which is authorized by law to provide water services may, by ordinance, or by resolution if the local agency is not authorized to act by ordinance, establish programs for the management of groundwater resources. (Added by Stats. 1987, Ch. 472, Sec. 1.)
  59. 10703.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. )

    Verify source ↗

    Before adopting a groundwater management program, the local agency’s governing board must hold a public hearing after giving notice as required by Section 6066 of the Government Code.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. ) ## 10703. Prior to the adoption of a groundwater management program, the governing board of the local agency shall hold a public hearing, after publication of notice pursuant to Section 6066 of the Government Code, on the proposed groundwater management program. At the hearing, the board may alter the program or require further study on the program and continue the hearing. At the conclusion of the hearing, the board may adopt a resolution of intention to adopt and implement the program. (Added by Stats. 1987, Ch. 472, Sec. 1.)
  60. 10704.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. )

    Verify source ↗

    If the governing board adopts a resolution of intention after the hearing, copies of the groundwater management program must be published in a newspaper of general circulation. On written request, any interested person must be given a copy of the program.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. ) ## 10704. After the conclusion of the hearing, and if the governing board adopts a resolution of intention, copies of the groundwater management program shall be published in a newspaper of general circulation. Upon written request, any interested person shall be provided with a copy of the program. (Added by Stats. 1987, Ch. 472, Sec. 1.)
  61. 10705.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. )

    Verify source ↗

    After a resolution of intention, the governing board must hold a second hearing and consider protests. Interested persons may speak, and eligible registered voters of the local agency may file or withdraw a written protest before the hearing ends.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. ) ## 10705. After the adoption of a resolution of intention, the governing board shall hold a second hearing and consider protests to the implementation of the program. Any interested person may appear to be heard concerning any matter set forth in the resolution or matters material thereto. Any time prior to the conclusion of the hearing, any eligible registered voter of the local agency may file a written protest or withdraw a protest previously filed. (Added by Stats. 1987, Ch. 472, Sec. 1.)
  62. 10706.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. )

    Verify source ↗

    If a majority protest is found, the groundwater management program must be abandoned and no new program may be considered for one year. If no majority protest is filed, the board may adopt an ordinance or resolution within 35 days after the second hearing.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. ) ## 10706. A majority protest shall be determined to exist if the governing board finds that the protests filed and not withdrawn prior to the conclusion of the second hearing represent more than 50 percent of the eligible registered voters residing within the boundaries of the local agency. If the governing board finds that a majority protest exists, the groundwater management program shall be abandoned and no new program shall be considered by the board for a period of one year following the date of the second hearing. If a majority protest has not been filed, the board, within 35 days after the conclusion of the second hearing, may adopt an ordinance or resolution to implement the program. (Added by Stats. 1987, Ch. 472, Sec. 1.)
  63. 10707.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. )

    Verify source ↗

    A qualifying local agency may enter into a joint powers agreement to help manage groundwater resources.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. ) ## 10707. A local agency authorized to establish programs for the management of groundwater resources pursuant to this part may for that purpose enter into a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. (Added by Stats. 1987, Ch. 472, Sec. 1.)
  64. 10708.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. )

    Verify source ↗

    A local agency that establishes a groundwater management program under this part may fix and collect groundwater extraction rates.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. ) ## 10708. A local agency which establishes a program for the management of groundwater resources pursuant to this part may fix and collect rates for the extraction of groundwater to pay expenses incurred by the local agency for purposes of groundwater management. (Added by Stats. 1987, Ch. 472, Sec. 1.)
  65. 10709.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. )

    Verify source ↗

    A qualifying local agency may use water-replenishment-district powers and may levy a water replenishment assessment for groundwater management.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. ) ## 10709. For purposes of groundwater management, a local agency authorized to establish programs for the management of groundwater resources pursuant to this part may, in addition to the powers set forth in this act, exercise any of the powers of a water replenishment district under Part 4 (commencing with Section 60220) of Division 18 and may levy a water replenishment assessment in accordance with Part 6 (commencing with Section 60300) of Division 18. (Added by Stats. 1987, Ch. 472, Sec. 1.)
  66. 10710.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. )

    Verify source ↗

    A local agency must hold an election, and a majority of votes must support the proposition, before it may levy a water replenishment assessment or set groundwater extraction rates.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. ) ## 10710. Before a local agency may levy a water replenishment assessment as authorized in Section 10709 or may otherwise fix and collect rates for the extraction of groundwater pursuant to this part, the local agency shall hold an election on the proposition of whether or not the local agency shall be authorized to levy a water replenishment assessment or to fix and collect rates for the extraction of groundwater, and a majority of the votes cast at the election shall be in favor of the proposition. The election shall be conducted in the manner prescribed by the principal act of the local agency. (Added by Stats. 1987, Ch. 472, Sec. 1.)
  67. 10711.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. )

    Verify source ↗

    A local agency may not exercise the powers in this part inside another local agency’s boundaries unless the other agency’s governing body has first agreed.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. ) ## 10711. No local agency shall exercise the powers authorized by this part within the boundaries of another local agency authorized by law to provide water service to any or all of the lands within its boundaries, without the prior agreement of the governing body of that other local agency. (Added by Stats. 1987, Ch. 472, Sec. 1.)
  68. 10712.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. )

    Verify source ↗

    A local agency may not use the powers in this part inside another local agency’s boundaries if that other agency provides water service there, unless the other agency’s governing body agrees first.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. ) ## 10712. No local agency shall exercise the powers authorized by this part within the boundaries of another local agency providing water service to any or all of the lands within its boundaries, without the prior agreement of the governing body of that other local agency. (Added by Stats. 1987, Ch. 472, Sec. 1.)
  69. 10713.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. )

    Verify source ↗

    If a local agency annexes land covered by another local agency’s groundwater management program, it must keep complying with that program for the annexed property.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. ) ## 10713. If a local agency annexes land subject to a groundwater management program of another local agency, the local agency annexing the land shall continue to comply with the groundwater management program for the annexed property. (Added by Stats. 1987, Ch. 472, Sec. 1.)
  70. 10714.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. )

    Verify source ↗

    This section says it does not change or imply anything about a local agency’s powers in other groundwater basins to create groundwater management programs.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. ) ## 10714. This part neither preempts, negates, affects, nor infers the existence of any powers of a local agency in other groundwater basins of the state to establish programs for the management of groundwater resources. (Added by Stats. 1987, Ch. 472, Sec. 1.)
  71. 10715.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. )

    Verify source ↗

    This section says the part does not limit any powers a local agency already has under other law.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. ) ## 10715. This part is in addition to, and not a limitation on, any powers of a local agency otherwise granted by law. (Added by Stats. 1987, Ch. 472, Sec. 1.)
  72. 10716.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. )

    Verify source ↗

    Local agencies covered by another law still must obtain the Treasurer’s report, investigation, and approval; this part does not exempt them.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. ) ## 10716. This part does not exempt any local agency formed under any act requiring the approval of its leases, contracts, or issuance of securities by the Treasurer from obtaining the report, investigation, and approval of the Treasurer as required by that act or by the District Securities Investigation Law of 1965. (Added by Stats. 1987, Ch. 472, Sec. 1.)
  73. 10717.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. )

    Verify source ↗

    A local agency may not keep exercising the powers given by this part once a municipal central water system is completed and implemented for the people within its boundaries.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.7. GROUNDWATER RESOURCES [10700 - 10717] ( Part 2.7 added by Stats. 1987, Ch. 472, Sec. 1. ) ## 10717. A local agency shall no longer be authorized to exercise the powers conferred by this part upon the completion and implementation of a municipal central water system supplying water to the inhabitants within the boundaries of the local agency. (Added by Stats. 1987, Ch. 472, Sec. 1.)
  74. 10720.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 1. General Provisions [10720 - 10720.9] ( Chapter 1 added by Stats. 2014, Ch. 346, Sec. 3. )

    Verify source ↗

    This part is known, and may be cited, as the “Sustainable Groundwater Management Act.”

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 1. General Provisions [10720 - 10720.9] ( Chapter 1 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10720. This part shall be known, and may be cited, as the “Sustainable Groundwater Management Act.” (Added by Stats. 2014, Ch. 346, Sec. 3. (SB 1168) Effective January 1, 2015.)
  75. 10720.1.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 1. General Provisions [10720 - 10720.9] ( Chapter 1 added by Stats. 2014, Ch. 346, Sec. 3. )

    Verify source ↗

    This section states the Legislature’s goals for sustainable groundwater management, including local management, water-rights protection, minimum standards, data collection, recharge, reduced subsidence, and limited state intervention.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 1. General Provisions [10720 - 10720.9] ( Chapter 1 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10720.1. In enacting this part, it is the intent of the Legislature to do all of the following: (a) To provide for the sustainable management of groundwater basins. (b) To enhance local management of groundwater consistent with rights to use or store groundwater and Section 2 of Article X of the California Constitution. It is the intent of the Legislature to preserve the security of water rights in the state to the greatest extent possible consistent with the sustainable management of groundwater. (c) To establish minimum standards for sustainable groundwater management. (d) To provide local groundwater agencies with the authority and the technical and financial assistance necessary to sustainably manage groundwater. (e) To avoid or minimize subsidence. (f) To improve data collection and understanding about groundwater. (g) To increase groundwater storage and remove impediments to recharge. (h) To manage groundwater basins through the actions of local governmental agencies to the greatest extent feasible, while minimizing state intervention to only when necessary to ensure that local agencies manage groundwater in a sustainable manner. (i) To provide a more efficient and cost-effective groundwater adjudication process that protects water rights, ensures due process, prevents unnecessary delay, and furthers the objectives of this part. (Amended by Stats. 2015, Ch. 676, Sec. 2. (SB 226) Effective January 1, 2016.)
  76. 10720.3.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 1. General Provisions [10720 - 10720.9] ( Chapter 1 added by Stats. 2014, Ch. 346, Sec. 3. )

    Verify source ↗

    This section applies to groundwater basins statewide, allows federal and tribal participation in groundwater planning, and protects federally reserved groundwater rights.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 1. General Provisions [10720 - 10720.9] ( Chapter 1 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10720.3. (a) This part applies to all groundwater basins in the state. (b) To the extent authorized under federal or tribal law, this part applies to an Indian tribe and to the federal government, including, but not limited to, the United States Department of Defense. (c) The federal government or any federally recognized Indian tribe, appreciating the shared interest in assuring the sustainability of groundwater resources, may voluntarily agree to participate in the preparation or administration of a groundwater sustainability plan or groundwater management plan under this part through a joint powers authority or other agreement with local agencies in the basin. A participating tribe shall be eligible to participate fully in planning, financing, and management under this part, including eligibility for grants and technical assistance, if any exercise of regulatory authority, enforcement, or imposition and collection of fees is pursuant to the tribe’s independent authority and not pursuant to authority granted to a groundwater sustainability agency under this part. (d) In an adjudication of rights to the use of groundwater, and in the management of a groundwater basin or subbasin by a groundwater sustainability agency or by the board, federally reserved water rights to groundwater shall be respected in full. In case of conflict between federal and state law in that adjudication or management, federal law shall prevail. The voluntary or involuntary participation of a holder of rights in that adjudication or management shall not subject that holder to state law regarding other proceedings or matters not authorized by federal law. This subdivision is declaratory of existing law. (Added by Stats. 2014, Ch. 346, Sec. 3. (SB 1168) Effective January 1, 2015.)
  77. 10720.5.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 1. General Provisions [10720 - 10720.9] ( Chapter 1 added by Stats. 2014, Ch. 346, Sec. 3. )

    Verify source ↗

    Groundwater management under this part must be consistent with the California Constitution, and this part does not change existing water rights.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 1. General Provisions [10720 - 10720.9] ( Chapter 1 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10720.5. (a) Groundwater management pursuant to this part shall be consistent with Section 2 of Article X of the California Constitution. Nothing in this part modifies rights or priorities to use or store groundwater consistent with Section 2 of Article X of the California Constitution, except that in basins designated medium- or high-priority basins by the department, no extraction of groundwater between January 1, 2015, and the date of adoption of a groundwater sustainability plan pursuant to this part or the approval by the department of an alternative submitted under Section 10733.6, whichever is sooner, may be used as evidence of, or to establish or defend against, any claim of prescription. (b) Nothing in this part, or in any groundwater management plan adopted pursuant to this part, determines or alters surface water rights or groundwater rights under common law or any provision of law that determines or grants surface water rights. (c) Water rights may be determined in an adjudication action pursuant to Chapter 7 (commencing with Section 830) of Title 10 of Part 2 of the Code of Civil Procedure. (Amended by Stats. 2015, Ch. 676, Sec. 3. (SB 226) Effective January 1, 2016.)
  78. 10720.7.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 1. General Provisions [10720 - 10720.9] ( Chapter 1 added by Stats. 2014, Ch. 346, Sec. 3. )

    Verify source ↗

    Certain groundwater basins must be managed under groundwater sustainability plans by set deadlines, while low- and very low-priority basins may be managed under those plans.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 1. General Provisions [10720 - 10720.9] ( Chapter 1 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10720.7. (a) (1) By January 31, 2020, all basins designated as high- or medium-priority basins by the department that have been designated in Bulletin 118, as it may be updated or revised on or before January 1, 2017, as basins that are subject to critical conditions of overdraft shall be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans pursuant to this part. (2) By January 31, 2022, all basins designated as high- or medium-priority basins by the department that are not subject to paragraph (1) shall be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans pursuant to this part. (b) The Legislature encourages and authorizes basins designated as low- and very low priority basins by the department to be managed under groundwater sustainability plans pursuant to this part. Chapter 11 (commencing with Section 10735) does not apply to a basin designated as a low- or very low priority basin. (Amended by Stats. 2015, Ch. 255, Sec. 3. (SB 13) Effective January 1, 2016.)
  79. 10720.8.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 1. General Provisions [10720 - 10720.9] ( Chapter 1 added by Stats. 2014, Ch. 346, Sec. 3. )

    Verify source ↗

    For certain adjudicated basins, the watermaster or local agency must send specified court order materials and annual basin reports to the department.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 1. General Provisions [10720 - 10720.9] ( Chapter 1 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10720.8. (a) Except as provided in subdivision (e), this part does not apply to the following adjudicated areas or a local agency that conforms to the requirements of an adjudication of water rights for one of the following adjudicated areas: (1) Beaumont Basin. (2) Brite Basin. (3) Central Basin. (4) Chino Basin. (5) Cucamonga Basin. (6) Cummings Basin. (7) Goleta Basin. (8) Lytle Basin. (9) Main San Gabriel Basin. (10) Mojave Basin Area. (11) Puente Basin. (12) Raymond Basin. (13) Rialto-Colton Basin. (14) Riverside Basin. (15) San Bernardino Basin Area. (16) San Jacinto Basin. (17) Santa Margarita River Watershed. (18) Santa Maria Valley Basin. (19) Santa Paula Basin. (20) Scott River Stream System. (21) Seaside Basin. (22) Six Basins. (23) Tehachapi Basin. (24) Upper Los Angeles River Area. (25) Warren Valley Basin. (26) West Coast Basin. (b) The Antelope Valley basin at issue in the Antelope Valley Groundwater Cases (Judicial Council Coordination Proceeding Number 4408) shall be treated as an adjudicated basin pursuant to this section if the superior court issues a final judgment, order, or decree. (c) Any groundwater basin or portion of a groundwater basin in Inyo County managed pursuant to the terms of the stipulated judgment in City of Los Angeles v. Board of Supervisors of the County of Inyo, et al. (Inyo County Case No. 12908) shall be treated as an adjudicated area pursuant to this section. (d) The Los Osos Groundwater Basin at issue in Los Osos Community Service District v. Southern California Water Company [Golden State Water Company] et al. (San Luis Obispo County Superior Court Case No. CV 040126) shall be treated as an adjudicated basin pursuant to this section if the superior court issues a final judgment, order, or decree. (e) If an adjudication action has determined the rights to extract groundwater for only a portion of a basin, subdivisions (a), (b), (c), and (d) apply only within the area for which the adjudication action has determined those rights. (f) The watermaster or a local agency within a basin identified in subdivision (a) shall do all of the following: (1) By April 1, 2016, submit to the department a copy of a governing final judgment, or other judicial order or decree, and any amendments entered before April 1, 2016. (2) Within 90 days of entry by a court, submit to the department a copy of any amendment made and entered by the court to the governing final judgment or other judicial order or decree on or after April 1, 2016. (3) By April 1, 2016, and annually thereafter, submit to the department a report containing the following information to the extent available for the portion of the basin subject to the adjudication: (A) Groundwater elevation data unless otherwise submitted pursuant to Section 10932. (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 annual report submitted to the court. (Added by Stats. 2014, Ch. 346, Sec. 3. (SB 1168) Effective January 1, 2015.)
  80. 10720.9.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 1. General Provisions [10720 - 10720.9] ( Chapter 1 added by Stats. 2014, Ch. 346, Sec. 3. )

    Verify source ↗

    Relevant state agencies must consider the policies of this part and any adopted groundwater sustainability plans when revising or adopting policies, regulations, or criteria, or when issuing orders or determinations, if pertinent.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 1. General Provisions [10720 - 10720.9] ( Chapter 1 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10720.9. All relevant state agencies, including, but not limited to, the board, the regional water quality control boards, the department, and the Department of Fish and Wildlife, shall consider the policies of this part, and any groundwater sustainability plans adopted pursuant to this part, when revising or adopting policies, regulations, or criteria, or when issuing orders or determinations, where pertinent. (Added by Stats. 2014, Ch. 346, Sec. 3. (SB 1168) Effective January 1, 2015.)
  81. 10721.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 2. Definitions [10721- 10721.] ( Chapter 2 added by Stats. 2014, Ch. 346, Sec. 3. )

    Verify source ↗

    This section defines terms used in the Sustainable Groundwater Management part of the Water Code.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 2. Definitions [10721- 10721.] ( Chapter 2 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10721. Unless the context otherwise requires, the following definitions govern the construction of this part: (a) “Adjudication action” means an action filed in the superior or federal district court to determine the rights to extract groundwater from a basin or store water within a basin, including, but not limited to, actions to quiet title respecting rights to extract or store groundwater or an action brought to impose a physical solution on a basin. (b) “Basin” means a groundwater basin or subbasin identified and defined in Bulletin 118 or as modified pursuant to Chapter 3 (commencing with Section 10722). (c) “Bulletin 118” means the department’s report entitled “California’s Groundwater: Bulletin 118” updated in 2003, as it may be subsequently updated or revised in accordance with Section 12924. (d) “Coordination agreement” means a legal agreement adopted between two or more groundwater sustainability agencies that provides the basis for coordinating multiple agencies or groundwater sustainability plans within a basin pursuant to this part. (e) “De minimis extractor” means a person who extracts, for domestic purposes, two acre-feet or less per year. (f) “Governing body” means the legislative body of a groundwater sustainability agency. (g) “Groundwater” means water beneath the surface of the earth within the zone below the water table in which the soil is completely saturated with water, but does not include water that flows in known and definite channels unless included pursuant to Section 10722.5. (h) “Groundwater extraction facility” means a device or method for extracting groundwater from within a basin. (i) “Groundwater recharge” or “recharge” means the augmentation of groundwater, by natural or artificial means. (j) “Groundwater sustainability agency” means one or more local agencies that implement the provisions of this part. For purposes of imposing fees pursuant to Chapter 8 (commencing with Section 10730) or taking action to enforce a groundwater sustainability plan, “groundwater sustainability agency” also means each local agency comprising the groundwater sustainability agency if the plan authorizes separate agency action. (k) “Groundwater sustainability plan” or “plan” means a plan of a groundwater sustainability agency proposed or adopted pursuant to this part. (l) “Groundwater sustainability program” means a coordinated and ongoing activity undertaken to benefit a basin, pursuant to a groundwater sustainability plan. (m) “In-lieu use” means the use of surface water by persons that could otherwise extract groundwater in order to leave groundwater in the basin. (n) “Local agency” means a local public agency that has water supply, water management, or land use responsibilities within a groundwater basin. (o) “Operator” means a person operating a groundwater extraction facility. The owner of a groundwater extraction facility shall be conclusively presumed to be the operator unless a satisfactory showing is made to the governing body of the groundwater sustainability agency that the groundwater extraction facility actually is operated by some other person. (p) “Owner” means a person owning a groundwater extraction facility or an interest in a groundwater extraction facility other than a lien to secure the payment of a debt or other obligation. (q) “Personal information” has the same meaning as defined in Section 1798.3 of the Civil Code. (r) “Planning and implementation horizon” means a 50-year time period over which a groundwater sustainability agency determines that plans and measures will be implemented in a basin to ensure that the basin is operated within its sustainable yield. (s) “Public water system” has the same meaning as defined in Section 116275 of the Health and Safety Code. (t) “Recharge area” means the area that supplies water to an aquifer in a groundwater basin. (u) “Sustainability goal” means the existence and implementation of one or more groundwater sustainability plans that achieve sustainable groundwater management by identifying and causing the implementation of measures targeted to ensure that the applicable basin is operated within its sustainable yield. (v) “Sustainable groundwater management” means the management and use of groundwater in a manner that can be maintained during the planning and implementation horizon without causing undesirable results. (w) “Sustainable yield” means the maximum quantity of water, calculated over a base period representative of long-term conditions in the basin and including any temporary surplus, that can be withdrawn annually from a groundwater supply without causing an undesirable result. (x) “Undesirable result” means one or more of the following effects caused by groundwater conditions occurring throughout the basin: (1) Chronic lowering of groundwater levels indicating a significant and unreasonable depletion of supply if continued over the planning and implementation horizon. Overdraft during a period of drought is not sufficient to establish a chronic lowering of groundwater levels if extractions and groundwater recharge are managed as necessary to ensure that reductions in groundwater levels or storage during a period of drought are offset by increases in groundwater levels or storage during other periods. (2) Significant and unreasonable reduction of groundwater storage. (3) Significant and unreasonable seawater intrusion. (4) Significant and unreasonable degraded water quality, including the migration of contaminant plumes that impair water supplies. (5) Significant and unreasonable land subsidence that substantially interferes with surface land uses. (6) Depletions of interconnected surface water that have significant and unreasonable adverse impacts on beneficial uses of the surface water. (y) “Water budget” means an accounting of the total groundwater and surface water entering and leaving a basin including the changes in the amount of water stored. (z) “Watermaster” means a watermaster appointed by a court or pursuant to other law. (aa) “Water year” means the period from October 1 through the following September 30, inclusive. (ab) “Wellhead protection area” means the surface and subsurface area surrounding a water well or well field that supplies a public water system through which contaminants are reasonably likely to migrate toward the water well or well field. (Amended by Stats. 2018, Ch. 255, Sec. 1. (AB 1944) Effective January 1, 2019.)
  82. 10722.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 3. Basin Boundaries [10722 - 10722.5] ( Chapter 3 added by Stats. 2014, Ch. 346, Sec. 3. )

    Verify source ↗

    A basin’s boundaries are to follow Bulletin 118 unless different basin boundaries are established under this chapter.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 3. Basin Boundaries [10722 - 10722.5] ( Chapter 3 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10722. Unless other basin boundaries are established pursuant to this chapter, a basin’s boundaries shall be as identified in Bulletin 118. (Added by Stats. 2014, Ch. 346, Sec. 3. (SB 1168) Effective January 1, 2015.)
  83. 10722.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 3. Basin Boundaries [10722 - 10722.5] ( Chapter 3 added by Stats. 2014, Ch. 346, Sec. 3. )

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    A local agency or court-directed entity may request basin boundary revisions, but the request must be supported by specified information. The department must adopt related regulations, hold public meetings, publish draft regulations in advance, and send the draft revision to the California Water Commission for comment.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 3. Basin Boundaries [10722 - 10722.5] ( Chapter 3 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10722.2. (a) A local agency or an entity directed by the court in an adjudication action to file the request may request that the department revise the boundaries of a basin, including the establishment of new subbasins. A request shall be supported by the following information: (1) Information demonstrating that the proposed adjusted basin can be the subject of sustainable groundwater management. (2) Technical information regarding the boundaries of, and conditions in, the proposed adjusted basin. (3) Information demonstrating that the entity proposing the basin boundary adjustment consulted with interested local agencies and public water systems in the affected basins before filing the proposal with the department. (4) Other information the department deems necessary to justify revision of the basin’s boundary. (b) By January 1, 2016, the department shall adopt regulations regarding the information required to comply with subdivision (a), including the methodology and criteria to be used to evaluate the proposed revision. The department shall adopt the regulations, including any amendments thereto, authorized by this section as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding the Administrative Procedure Act, emergency regulations adopted by the department pursuant to this section shall not be subject to review by the Office of Administrative Law and shall remain in effect until revised by the department. (c) Methodology and criteria established pursuant to subdivision (b) shall address all of the following: (1) How to assess the likelihood that the proposed basin can be sustainably managed. (2) How to assess whether the proposed basin would limit the sustainable management of adjacent basins. (3) How to assess whether there is a history of sustainable management of groundwater levels in the proposed basin. (d) Prior to adopting the regulations pursuant to subdivision (b), the department shall conduct three public meetings to consider public comments. The department shall publish the draft regulations on its Internet Web site at least 30 days before the public meetings. One meeting shall be conducted at a location in northern California, one meeting shall be conducted at a location in the central valley of California, and one meeting shall be conducted at a location in southern California. (e) The department shall provide a copy of its draft revision of a basin’s boundaries to the California Water Commission. The California Water Commission shall hear and comment on the draft revision within 60 days after the department provides the draft revision to the commission. (Amended by Stats. 2015, Ch. 676, Sec. 4. (SB 226) Effective January 1, 2016.)
  84. 10722.4.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 3. Basin Boundaries [10722 - 10722.5] ( Chapter 3 added by Stats. 2014, Ch. 346, Sec. 3. )

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    The department must classify each basin into a priority category and review that prioritization when Bulletin 118 boundaries change.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 3. Basin Boundaries [10722 - 10722.5] ( Chapter 3 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10722.4. (a) Pursuant to Section 10933, for the purposes of this part the department shall categorize each basin as one of the following priorities: (1) High priority. (2) Medium priority. (3) Low priority. (4) Very low priority. (b) The initial priority for each basin shall be established by the department pursuant to Section 10933 no later than January 31, 2015. (c) Any time the department updates Bulletin 118 boundaries pursuant to subdivision (b) of Section 12924, the department shall reassess the prioritization pursuant to Section 10933. (d) If the department changes priorities pursuant to Section 10933 to elevate a basin from a low- or very low priority basin to a medium- or high-priority basin after January 31, 2015, the agency formation and planning deadlines of this part shall be extended as follows: (1) A local agency, or combination of local agencies overlying a groundwater basin, shall have two years from the date of reprioritization to either establish a groundwater sustainability agency pursuant to Chapter 4 (commencing with Section 10723) or two years to satisfy the requirements of Section 10733.6. (2) A groundwater sustainability agency shall have five years from the date of reprioritization to meet the requirements of subdivision (a) of Section 10720.7, except that if the reprioritization occurs before January 31, 2017, a groundwater sustainability agency subject to paragraph (2) of subdivision (a) of Section 10720.7 shall have until January 31, 2022. (Amended by Stats. 2015, Ch. 667, Sec. 1.5. (AB 939) Effective January 1, 2016.)
  85. 10722.5.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 3. Basin Boundaries [10722 - 10722.5] ( Chapter 3 added by Stats. 2014, Ch. 346, Sec. 3. )

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    This section divides the San Luis Rey Valley Groundwater Basin into upper and lower subbasins and requires groundwater sustainability agencies to treat certain water in the Upper subbasin as groundwater, with one water-right-based exception.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 3. Basin Boundaries [10722 - 10722.5] ( Chapter 3 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10722.5. (a) The San Luis Rey Valley Groundwater Basin, identified as Basin 9-007 in Bulletin 118 (2016), shall be divided into an upper and lower subbasin at the east line of the western boundary of Section 6, Range 2 West, Township 10 South, San Bernardino Meridian. The portion of the basin to the west of the dividing line shall be the Lower San Luis Rey Valley Groundwater Subbasin and the portion of the basin to the east of the dividing line shall be the Upper San Luis Rey Valley Groundwater Subbasin. Until the department reassesses prioritization pursuant to subdivision (c) of Section 10722.4, both subbasins shall be designated medium priority. (b) (1) Notwithstanding any other law, water beneath the surface of the ground within the Upper San Luis Rey Valley Groundwater Subbasin shall be included within the definition of groundwater for the purposes of this part by any groundwater sustainability agency developing or implementing a groundwater sustainability plan, except for water beneath the surface of the ground downstream of the confluence of San Luis Rey River and Frey Creek that is extracted and used as authorized under an existing appropriative water right. (2) The Legislature finds and declares that in light of the unique circumstances in the Upper San Luis Rey Valley Groundwater Subbasin it is necessary to include certain water within the subbasin flowing in known and definite channels in the subbasin’s groundwater that is subject to this part and that this subdivision applies to only the Upper San Luis Rey Valley Groundwater Subbasin. (c) Nothing in this section alters any water right or the priority of any water right under state or federal law, or alters the application of Division 2 (commencing with Section 1000) to water within the Lower and Upper San Luis Rey Valley Groundwater Subbasins. (Amended by Stats. 2019, Ch. 255, Sec. 5. (SB 779) Effective January 1, 2020.)
  86. 10723.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 4. Establishing Groundwater Sustainability Agencies [10723 - 10724.2] ( Chapter 4 added by Stats. 2014, Ch. 346, Sec. 3. )

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    This section lets local agencies over a groundwater basin decide to become a groundwater sustainability agency, but requires a public hearing before that decision. It also sets special rules for certain groundwater agencies, including opt-out notice and limits on inconsistent authority use.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 4. Establishing Groundwater Sustainability Agencies [10723 - 10724.2] ( Chapter 4 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10723. (a) Except as provided in subdivision (c), any local agency or combination of local agencies overlying a groundwater basin may decide to become a groundwater sustainability agency for that basin. (b) Before deciding to become a groundwater sustainability agency, and after publication of notice pursuant to Section 6066 of the Government Code, the local agency or agencies shall hold a public hearing in the county or counties overlying the basin. (c) (1) Except as provided in paragraph (2), the following agencies created by statute to manage groundwater shall be deemed the exclusive local agencies within their respective statutory boundaries with powers to comply with this part: (A) Alameda County Flood Control and Water Conservation District, Zone 7. (B) Alameda County Water District. (C) Desert Water Agency. (D) Fox Canyon Groundwater Management Agency. (E) Honey Lake Valley Groundwater Management District. (F) Kings River East Groundwater Sustainability Agency. (G) Long Valley Groundwater Management District. (H) Mendocino City Community Services District. (I) Mono County Tri-Valley Groundwater Management District. (J) Monterey Peninsula Water Management District. (K) North Fork Kings Groundwater Sustainability Agency. (L) Ojai Groundwater Management Agency. (M) Orange County Water District. (N) Pajaro Valley Water Management Agency. (O) San Joaquin River Exchange Contractors Groundwater Sustainability Agency. (P) Santa Clara Valley Water District. (Q) Sierra Valley Groundwater Management District. (R) Willow Creek Groundwater Management Agency. (2) An agency identified in this subdivision may opt out of being the exclusive groundwater management agency within its statutory boundaries by sending a notice to the department, which shall be posted on the department’s Internet Web site within 15 days of receipt. If an agency identified in paragraph (1) opts out of being the exclusive groundwater management agency, any other local agency or combination of local agencies operating within the statutory boundaries of the agency that has opted out may notify the department pursuant to Section 10723.8 of its decision to be the groundwater sustainability agency. (3) A local agency listed in paragraph (1) may comply with this part by meeting the requirements of Section 10733.6 or opting to become a groundwater sustainability agency pursuant to this section. A local agency with authority to implement a basin-specific management plan pursuant to its principal act shall not exercise any authorities granted in this part in a manner inconsistent with any prohibitions or limitations in its principal act unless the governing board of the local agency makes a finding that the agency is unable to sustainably manage the basin without the prohibited authority. (d) The decision of a local agency or combination of agencies to become a groundwater sustainability agency shall take effect as provided in Section 10723.8. (Amended by Stats. 2017, Ch. 357, Sec. 1. (SB 372) Effective September 28, 2017.)
  87. 10723.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 4. Establishing Groundwater Sustainability Agencies [10723 - 10724.2] ( Chapter 4 added by Stats. 2014, Ch. 346, Sec. 3. )

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    A groundwater sustainability agency must consider the interests of all beneficial groundwater users and the people responsible for carrying out groundwater sustainability plans.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 4. Establishing Groundwater Sustainability Agencies [10723 - 10724.2] ( Chapter 4 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10723.2. The groundwater sustainability agency shall consider the interests of all beneficial uses and users of groundwater, as well as those responsible for implementing groundwater sustainability plans. These interests include, but are not limited to, all of the following: (a) Holders of overlying groundwater rights, including: (1) Agricultural users, including farmers, ranchers, and dairy professionals. (2) Domestic well owners. (b) Municipal well operators. (c) Public water systems. (d) Local land use planning agencies. (e) Environmental users of groundwater. (f) Surface water users, if there is a hydrologic connection between surface and groundwater bodies. (g) The federal government, including, but not limited to, the military and managers of federal lands. (h) California Native American tribes. (i) Disadvantaged communities, including, but not limited to, those served by private domestic wells or small community water systems. (j) Entities listed in Section 10927 that are monitoring and reporting groundwater elevations in all or a part of a groundwater basin managed by the groundwater sustainability agency. (Amended by Stats. 2017, Ch. 67, Sec. 1. (AB 321) Effective January 1, 2018.)
  88. 10723.4.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 4. Establishing Groundwater Sustainability Agencies [10723 - 10724.2] ( Chapter 4 added by Stats. 2014, Ch. 346, Sec. 3. )

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    A groundwater sustainability agency must keep a list of people who want notices, and any person may ask in writing to be added to it.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 4. Establishing Groundwater Sustainability Agencies [10723 - 10724.2] ( Chapter 4 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10723.4. The groundwater sustainability agency shall establish and maintain a list of persons interested in receiving notices regarding plan preparation, meeting announcements, and availability of draft plans, maps, and other relevant documents. Any person may request, in writing, to be placed on the list of interested persons. (Added by Stats. 2014, Ch. 346, Sec. 3. (SB 1168) Effective January 1, 2015.)
  89. 10723.6.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 4. Establishing Groundwater Sustainability Agencies [10723 - 10724.2] ( Chapter 4 added by Stats. 2014, Ch. 346, Sec. 3. )

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    Local agencies may form a groundwater sustainability agency using a joint powers agreement or another legal agreement. Certain water corporations and mutual water companies may participate through an agreement, but this authority does not give nongovernmental entities extra powers.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 4. Establishing Groundwater Sustainability Agencies [10723 - 10724.2] ( Chapter 4 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10723.6. (a) A combination of local agencies may form a groundwater sustainability agency by using any of the following methods: (1) A joint powers agreement. (2) A memorandum of agreement or other legal agreement. (b) A water corporation regulated by the Public Utilities Commission or a mutual water company may participate in a groundwater sustainability agency through a memorandum of agreement or other legal agreement. The authority provided by this subdivision does not confer any additional powers to a nongovernmental entity. (Amended by Stats. 2015, Ch. 255, Sec. 7. (SB 13) Effective January 1, 2016.)
  90. 10723.8.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 4. Establishing Groundwater Sustainability Agencies [10723 - 10724.2] ( Chapter 4 added by Stats. 2014, Ch. 346, Sec. 3. )

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    Local agencies that decide to form a groundwater sustainability agency must notify the department within 30 days, and the department must post complete notices within 15 days of receipt.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 4. Establishing Groundwater Sustainability Agencies [10723 - 10724.2] ( Chapter 4 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10723.8. (a) Within 30 days of deciding to become or form a groundwater sustainability agency, the local agency or combination of local agencies shall inform the department of its decision and its intent to undertake sustainable groundwater management. The notification shall include the following information, as applicable: (1) The service area boundaries, the boundaries of the basin or portion of the basin the agency intends to manage pursuant to this part, and the other agencies managing or proposing to manage groundwater within the basin. (2) A copy of the resolution forming the new agency. (3) A copy of any new bylaws, ordinances, or new authorities adopted by the local agency. (4) A list of interested parties developed pursuant to Section 10723.2 and an explanation of how their interests will be considered in the development and operation of the groundwater sustainability agency and the development and implementation of the agency’s sustainability plan. (b) The department shall post all complete notices received under this section on its Internet Web site within 15 days of receipt. (c) The decision to become a groundwater sustainability agency shall take effect 90 days after the department posts notice under subdivision (b) if no other local agency submits a notification under subdivision (a) of its intent to undertake groundwater management in all or a portion of the same area. If another notification is filed within the 90-day period, the decision shall not take effect unless the other notification is withdrawn or modified to eliminate any overlap in the areas proposed to be managed. The local agencies shall seek to reach agreement to allow prompt designation of a groundwater sustainability agency. If agreement is reached involving a material change from the information in the posted notice, a new notification shall be submitted under subdivision (a) and the department shall post notice under subdivision (b). (d) Except as provided in subdivisions (e) and (f), after the decision to be a groundwater sustainability agency takes effect, the groundwater sustainability agency shall be presumed to be the exclusive groundwater sustainability agency within the area of the basin within the service area of the local agency that the local agency is managing as described in the notice. (e) A groundwater sustainability agency may withdraw from managing a basin by notifying the department in writing of its intent to withdraw. (f) This section does not preclude the board from taking an action pursuant to Section 10735.6. (Amended by Stats. 2015, Ch. 255, Sec. 8. (SB 13) Effective January 1, 2016.)
  91. 10724.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 4. Establishing Groundwater Sustainability Agencies [10723 - 10724.2] ( Chapter 4 added by Stats. 2014, Ch. 346, Sec. 3. )

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    A county in the specified situation is presumed to be the groundwater sustainability agency, and it must notify the department unless it tells the department it will not serve as the agency.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 4. Establishing Groundwater Sustainability Agencies [10723 - 10724.2] ( Chapter 4 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10724. (a) In the event that there is an area within a high- or medium-priority basin that is not within the management area of a groundwater sustainability agency, the county within which that unmanaged area lies will be presumed to be the groundwater sustainability agency for that area. (b) A county described in subdivision (a) shall provide notification to the department pursuant to Section 10723.8 unless the county notifies the department that it will not be the groundwater sustainability agency for the area. Extractions of groundwater made on or after July 1, 2017, in that area shall be subject to reporting in accordance with Part 5.2 (commencing with Section 5200) of Division 2 if the county does either of the following: (1) Notifies the department that it will not be the groundwater sustainability agency for an area. (2) Fails to provide notification to the department pursuant to Section 10723.8 for an area on or before June 30, 2017. (Amended by Stats. 2015, Ch. 255, Sec. 9. (SB 13) Effective January 1, 2016.)
  92. 10724.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 4. Establishing Groundwater Sustainability Agencies [10723 - 10724.2] ( Chapter 4 added by Stats. 2014, Ch. 346, Sec. 3. )

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    Each groundwater sustainability agency must, by January 1, 2026, publish its board membership online and provide a link to the Fair Political Practices Commission page for viewing required economic interest statements.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 4. Establishing Groundwater Sustainability Agencies [10723 - 10724.2] ( Chapter 4 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10724.2. No later than January 1, 2026, each groundwater sustainability agency shall do both of the following: (a) Publish on its internet website or its local agency’s internet website the membership of its board of directors. (b) Publish on its internet website or its local agency’s internet website an electronic link to the location on the Fair Political Practices Commission’s internet website where the statements of economic interests, filed pursuant to Section 87200.5 of the Government Code by the members of the groundwater sustainability agency’s board of directors and executives, can be viewed. (Added by Stats. 2025, Ch. 359, Sec. 1. (AB 293) Effective January 1, 2026.)
  93. 10725.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. )

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    A groundwater sustainability agency may use the chapter’s powers when carrying out this part, if it submits the required groundwater sustainability plan or alternative documentation.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10725. (a) A groundwater sustainability agency may exercise any of the powers described in this chapter in implementing this part, in addition to, and not as a limitation on, any existing authority, if the groundwater sustainability agency adopts and submits to the department a groundwater sustainability plan or prescribed alternative documentation in accordance with Section 10733.6. (b) A groundwater sustainability agency has and may use the powers in this chapter to provide the maximum degree of local control and flexibility consistent with the sustainability goals of this part. (Added by Stats. 2014, Ch. 346, Sec. 3. (SB 1168) Effective January 1, 2015.)
  94. 10725.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. )

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    A groundwater sustainability agency may take necessary actions and adopt rules for this part, and must post notice of proposed groundwater sustainability plan adoption on its website and offer electronic notice to requesters.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10725.2. (a) A groundwater sustainability agency may perform any act necessary or proper to carry out the purposes of this part. (b) A groundwater sustainability agency may adopt rules, regulations, ordinances, and resolutions for the purpose of this part, in compliance with any procedural requirements applicable to the adoption of a rule, regulation, ordinance, or resolution by the groundwater sustainability agency. (c) In addition to any other applicable procedural requirements, the groundwater sustainability agency shall provide notice of the proposed adoption of the groundwater sustainability plan on its Internet Web site and provide for electronic notice to any person who requests electronic notification. (Added by Stats. 2014, Ch. 346, Sec. 3. (SB 1168) Effective January 1, 2015.)
  95. 10725.4.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. )

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    A groundwater sustainability agency may investigate groundwater-related matters and may inspect property or facilities when connected to that investigation, subject to consent or an inspection warrant.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10725.4. (a) A groundwater sustainability agency may conduct an investigation for the purposes of this part, including, but not limited to, investigations for the following: (1) To determine the need for groundwater management. (2) To prepare and adopt a groundwater sustainability plan and implementing rules and regulations. (3) To propose and update fees. (4) To monitor compliance and enforcement. (b) An investigation may include surface waters and surface water rights as well as groundwater and groundwater rights. (c) In connection with an investigation, a groundwater sustainability agency may inspect the property or facilities of a person or entity to ascertain whether the purposes of this part are being met and compliance with this part. The local agency may conduct an inspection pursuant to this section upon obtaining any necessary consent or obtaining an inspection warrant pursuant to the procedure set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. (Added by Stats. 2014, Ch. 346, Sec. 3. (SB 1168) Effective January 1, 2015.)
  96. 10725.6.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. )

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    A groundwater sustainability agency may require registration of a groundwater extraction facility in its management area.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10725.6. A groundwater sustainability agency may require registration of a groundwater extraction facility within the management area of the groundwater sustainability agency. (Added by Stats. 2014, Ch. 346, Sec. 3. (SB 1168) Effective January 1, 2015.)
  97. 10725.8.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. )

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    A groundwater sustainability agency may require metering and reporting for groundwater extraction facilities, and owners or operators generally bear device costs and must file annual extraction statements if required.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10725.8. (a) A groundwater sustainability agency may require through its groundwater sustainability plan that the use of every groundwater extraction facility within the management area of the groundwater sustainability agency be measured by a water-measuring device satisfactory to the groundwater sustainability agency. (b) All costs associated with the purchase and installation of the water-measuring device shall be borne by the owner or operator of each groundwater extraction facility. The water-measuring devices shall be installed by the groundwater sustainability agency or, at the groundwater sustainability agency’s option, by the owner or operator of the groundwater extraction facility. Water-measuring devices shall be calibrated on a reasonable schedule as may be determined by the groundwater sustainability agency. (c) A groundwater sustainability agency may require, through its groundwater sustainability plan, that the owner or operator of a groundwater extraction facility within the groundwater sustainability agency file an annual statement with the groundwater sustainability agency setting forth the total extraction in acre-feet of groundwater from the facility during the previous water year. (d) In addition to the measurement of groundwater extractions pursuant to subdivision (a), a groundwater sustainability agency may use any other reasonable method to determine groundwater extraction. (e) This section does not apply to de minimis extractors. (Amended by Stats. 2015, Ch. 303, Sec. 551. (AB 731) Effective January 1, 2016.)
  98. 10726.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. )

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    An entity in a groundwater sustainability plan area must report diversions of surface water to underground storage to the groundwater sustainability agency for that basin area.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10726. An entity within the area of a groundwater sustainability plan shall report the diversion of surface water to underground storage to the groundwater sustainability agency for the relevant portion of the basin. (Added by Stats. 2014, Ch. 346, Sec. 3. (SB 1168) Effective January 1, 2015.)
  99. 10726.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. )

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    A groundwater sustainability agency may acquire and manage property and water rights, carry out related works and programs, and litigate as needed, but it may not change another party’s groundwater conjunctive use or storage program without a qualifying finding and may not deliver retail water supplies in a public water system area without consent or existing authority.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10726.2. A groundwater sustainability agency may do the following: (a) Acquire by grant, purchase, lease, gift, devise, contract, construction, or otherwise, and hold, use, enjoy, sell, let, and dispose of, real and personal property of every kind, including lands, water rights, structures, buildings, rights-of-way, easements, and privileges, and construct, maintain, alter, and operate any and all works or improvements, within or outside the agency, necessary or proper to carry out any of the purposes of this part. (b) Appropriate and acquire surface water or groundwater and surface water or groundwater rights, import surface water or groundwater into the agency, and conserve and store within or outside the agency that water for any purpose necessary or proper to carry out the provisions of this part, including, but not limited to, the spreading, storing, retaining, or percolating into the soil of the waters for subsequent use or in a manner consistent with the provisions of Section 10727.2. As part of this authority, the agency shall not alter another person’s or agency’s existing groundwater conjunctive use or storage program except upon a finding that the conjunctive use or storage program interferes with implementation of the agency’s groundwater sustainability plan. (c) Provide for a program of voluntary fallowing of agricultural lands or validate an existing program. (d) Perform any acts necessary or proper to enable the agency to purchase, transfer, deliver, or exchange water or water rights of any type with any person that may be necessary or proper to carry out any of the purposes of this part, including, but not limited to, providing surface water in exchange for a groundwater extractor’s agreement to reduce or cease groundwater extractions. The agency shall not deliver retail water supplies within the service area of a public water system without either the consent of that system or authority under the agency’s existing authorities. (e) Transport, reclaim, purify, desalinate, treat, or otherwise manage and control polluted water, wastewater, or other waters for subsequent use in a manner that is necessary or proper to carry out the purposes of this part. (f) Commence, maintain, intervene in, defend, compromise, and assume the cost and expenses of any and all actions and proceedings. (Added by Stats. 2014, Ch. 346, Sec. 3. (SB 1168) Effective January 1, 2015.)
  100. 10726.4.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. )

    Verify source ↗

    A groundwater sustainability agency may regulate groundwater extraction and related well activity, and the county must consider forwarded permit requests before approval.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10726.4. (a) A groundwater sustainability agency shall have the following additional authority and may regulate groundwater extraction using that authority: (1) To impose spacing requirements on new groundwater well construction to minimize well interference and impose reasonable operating regulations on existing groundwater wells to minimize well interference, including requiring extractors to operate on a rotation basis. (2) To control groundwater extractions by regulating, limiting, or suspending extractions from individual groundwater wells or extractions from groundwater wells in the aggregate, construction of new groundwater wells, enlargement of existing groundwater wells, or reactivation of abandoned groundwater wells, or otherwise establishing groundwater extraction allocations. Those actions shall be consistent with the applicable elements of the city or county general plan, unless there is insufficient sustainable yield in the basin to serve a land use designated in the city or county general plan. A limitation on extractions by a groundwater sustainability agency shall not be construed to be a final determination of rights to extract groundwater from the basin or any portion of the basin. (3) To authorize temporary and permanent transfers of groundwater extraction allocations within the agency’s boundaries, if the total quantity of groundwater extracted in any water year is consistent with the provisions of the groundwater sustainability plan. The transfer is subject to applicable city and county ordinances. (4) To establish accounting rules to allow unused groundwater extraction allocations issued by the agency to be carried over from one year to another and voluntarily transferred, if the total quantity of groundwater extracted in any five-year period is consistent with the provisions of the groundwater sustainability plan. (b) This section does not authorize a groundwater sustainability agency to issue permits for the construction, modification, or abandonment of groundwater wells, except as authorized by a county with authority to issue those permits. A groundwater sustainability agency may request of the county, and the county shall consider, that the county forward permit requests for the construction of new groundwater wells, the enlarging of existing groundwater wells, and the reactivation of abandoned groundwater wells to the groundwater sustainability agency before permit approval. (Amended (as added by Stats. 2014, Ch. 346) by Stats. 2014, Ch. 347, Sec. 12. (AB 1739) Effective January 1, 2015.)
  101. 10726.5.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. )

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    A groundwater sustainability agency may enter into written agreements and funding with a private party to help implement a groundwater sustainability plan or its elements.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10726.5. In addition to any other authority granted to a groundwater sustainability agency by this part or other law, a groundwater sustainability agency may enter into written agreements and funding with a private party to assist in, or facilitate the implementation of, a groundwater sustainability plan or any elements of the plan. (Added by Stats. 2015, Ch. 666, Sec. 3. (AB 617) Effective January 1, 2016.)
  102. 10726.6.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. )

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    A groundwater sustainability agency may wait at least 180 days after adopting a groundwater sustainability plan before filing a validity action, and certain fee-related challenges must be filed within 180 days. Any person may pay specified fees under protest and seek a refund action.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10726.6. (a) A groundwater sustainability agency that adopts a groundwater sustainability plan may file an action to determine the validity of the plan pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure no sooner than 180 days following the adoption of the plan. (b) Subject to Sections 394 and 397 of the Code of Civil Procedure, the venue for an action pursuant to this section shall be the county in which the principal office of the groundwater management agency is located. (c) Any judicial action or proceeding to attack, review, set aside, void, or annul the ordinance or resolution imposing a new, or increasing an existing, fee imposed pursuant to Section 10730, 10730.2, or 10730.4 shall be commenced within 180 days following the adoption of the ordinance or resolution. (d) Any person may pay a fee imposed pursuant to Section 10730, 10730.2, or 10730.4 under protest and bring an action against the governing body in the superior court to recover any money that the governing body refuses to refund. Payments made and actions brought under this section shall be made and brought in the manner provided for the payment of taxes under protest and actions for refund of that payment in Article 2 (commencing with Section 5140) of Chapter 5 of Part 9 of Division 1 of the Revenue and Taxation Code, as applicable. (e) Except as otherwise provided in this section, actions by a groundwater sustainability agency are subject to judicial review pursuant to Section 1085 of the Code of Civil Procedure. (Added by Stats. 2014, Ch. 346, Sec. 3. (SB 1168) Effective January 1, 2015.)
  103. 10726.8.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. )

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    Local agencies may use other legal authority to enforce this part, including collecting fees, but they cannot determine water rights or regulate outside their boundaries.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10726.8. (a) This part is in addition to, and not a limitation on, the authority granted to a local agency under any other law. The local agency may use the local agency’s authority under any other law to apply and enforce any requirements of this part, including, but not limited to, the collection of fees. (b) Nothing in this part shall be construed as authorizing a local agency to make a binding determination of the water rights of any person or entity, or to impose fees or regulatory requirements on activities outside the boundaries of the local agency. (c) Nothing in this part is a limitation on the authority of the board, the department, or the State Department of Public Health. (d) Notwithstanding Section 6103 of the Government Code, a state or local agency that extracts groundwater shall be subject to a fee imposed under this part to the same extent as any nongovernmental entity. (e) Except as provided in subdivision (d), this part does not authorize a local agency to impose any requirement on the state or any agency, department, or officer of the state. State agencies and departments shall work cooperatively with a local agency on a voluntary basis. (f) Nothing in this chapter or a groundwater sustainability plan shall be interpreted as superseding the land use authority of cities and counties, including the city or county general plan, within the overlying basin. (Amended by Stats. 2015, Ch. 255, Sec. 10. (SB 13) Effective January 1, 2016.)
  104. 10726.9.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. )

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    A groundwater sustainability plan must take into account the most recent planning assumptions in local general plans for jurisdictions overlying the basin.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 5. Powers and Authorities [10725 - 10726.9] ( Chapter 5 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10726.9. A groundwater sustainability plan shall take into account the most recent planning assumptions stated in local general plans of jurisdictions overlying the basin. (Added by Stats. 2014, Ch. 347, Sec. 14. (AB 1739) Effective January 1, 2015.)
  105. 10727.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 6. Groundwater Sustainability Plans [10727 - 10728.6] ( Chapter 6 added by Stats. 2014, Ch. 346, Sec. 3. )

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    A groundwater sustainability agency must develop and implement a groundwater sustainability plan for each medium- or high-priority basin.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 6. Groundwater Sustainability Plans [10727 - 10728.6] ( Chapter 6 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10727. (a) A groundwater sustainability plan shall be developed and implemented for each medium- or high-priority basin by a groundwater sustainability agency to meet the sustainability goal established pursuant to this part. The groundwater sustainability plan may incorporate, extend, or be based on a plan adopted pursuant to Part 2.75 (commencing with Section 10750). (b) A groundwater sustainability plan may be any of the following: (1) A single plan covering the entire basin developed and implemented by one groundwater sustainability agency. (2) A single plan covering the entire basin developed and implemented by multiple groundwater sustainability agencies. (3) Subject to Section 10727.6, multiple plans implemented by multiple groundwater sustainability agencies and coordinated pursuant to a single coordination agreement that covers the entire basin. (Added by Stats. 2014, Ch. 346, Sec. 3. (SB 1168) Effective January 1, 2015.)
  106. 10727.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 6. Groundwater Sustainability Plans [10727 - 10728.6] ( Chapter 6 added by Stats. 2014, Ch. 346, Sec. 3. )

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    A groundwater sustainability plan must include specified descriptions, maps, objectives, monitoring details, and related planning information.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 6. Groundwater Sustainability Plans [10727 - 10728.6] ( Chapter 6 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10727.2. A groundwater sustainability plan shall include all of the following: (a) A description of the physical setting and characteristics of the aquifer system underlying the basin that includes the following: (1) Historical data, to the extent available. (2) Groundwater levels, groundwater quality, subsidence, and groundwater-surface water interaction. (3) A general discussion of historical and projected water demands and supplies. (4) A map that details the area of the basin and the boundaries of the groundwater sustainability agencies that overlie the basin that have or are developing groundwater sustainability plans. (5) A map identifying existing and potential recharge areas for the basin. The map or maps shall identify the existing recharge areas that substantially contribute to the replenishment of the groundwater basin. The map or maps shall be provided to the appropriate local planning agencies after adoption of the groundwater sustainability plan. (b) (1) Measurable objectives, as well as interim milestones in increments of five years, to achieve the sustainability goal in the basin within 20 years of the implementation of the plan. (2) A description of how the plan helps meet each objective and how each objective is intended to achieve the sustainability goal for the basin for long-term beneficial uses of groundwater. (3) (A) Notwithstanding paragraph (1), at the request of the groundwater sustainability agency, the department may grant an extension of up to 5 years beyond the 20-year sustainability timeframe upon a showing of good cause. The department may grant a second extension of up to five years upon a showing of good cause if the groundwater sustainability agency has begun implementation of the work plan described in clause (iii) of subparagraph (B). (B) The department may grant an extension pursuant to this paragraph if the groundwater sustainability agency does all of the following: (i) Demonstrates a need for an extension. (ii) Has made progress toward meeting the sustainability goal as demonstrated by its progress at achieving the milestones identified in its groundwater sustainability plan. (iii) Adopts a feasible work plan for meeting the sustainability goal during the extension period. (4) The plan may, but is not required to, address undesirable results that occurred before, and have not been corrected by, January 1, 2015. Notwithstanding paragraphs (1) to (3), inclusive, a groundwater sustainability agency has discretion as to whether to set measurable objectives and the timeframes for achieving any objectives for undesirable results that occurred before, and have not been corrected by, January 1, 2015. (c) A planning and implementation horizon. (d) Components relating to the following, as applicable to the basin: (1) The monitoring and management of groundwater levels within the basin. (2) The monitoring and management of groundwater quality, groundwater quality degradation, inelastic land surface subsidence, and changes in surface flow and surface water quality that directly affect groundwater levels or quality or are caused by groundwater extraction in the basin. (3) Mitigation of overdraft. (4) How recharge areas identified in the plan substantially contribute to the replenishment of the basin. (5) A description of surface water supply used or available for use for groundwater recharge or in-lieu use. (e) A summary of the type of monitoring sites, type of measurements, and the frequency of monitoring for each location monitoring groundwater levels, groundwater quality, subsidence, streamflow, precipitation, evaporation, and tidal influence. The plan shall include a summary of monitoring information such as well depth, screened intervals, and aquifer zones monitored, and a summary of the type of well relied on for the information, including public, irrigation, domestic, industrial, and monitoring wells. (f) Monitoring protocols that are designed to detect changes in groundwater levels, groundwater quality, inelastic surface subsidence for basins for which subsidence has been identified as a potential problem, and flow and quality of surface water that directly affect groundwater levels or quality or are caused by groundwater extraction in the basin. The monitoring protocols shall be designed to generate information that promotes efficient and effective groundwater management. (g) A description of the consideration given to the applicable county and city general plans and a description of the various adopted water resources-related plans and programs within the basin and an assessment of how the groundwater sustainability plan may affect those plans. (Added by Stats. 2014, Ch. 346, Sec. 3. (SB 1168) Effective January 1, 2015.)
  107. 10727.4.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 6. Groundwater Sustainability Plans [10727 - 10728.6] ( Chapter 6 added by Stats. 2014, Ch. 346, Sec. 3. )

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    A groundwater sustainability plan must include certain listed elements, when appropriate, and work with the appropriate local agencies.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 6. Groundwater Sustainability Plans [10727 - 10728.6] ( Chapter 6 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10727.4. In addition to the requirements of Section 10727.2, a groundwater sustainability plan shall include, where appropriate and in collaboration with the appropriate local agencies, all of the following: (a) Control of saline water intrusion. (b) Wellhead protection areas and recharge areas. (c) Migration of contaminated groundwater. (d) A well abandonment and well destruction program. (e) Replenishment of groundwater extractions. (f) Activities implementing, opportunities for, and removing impediments to, conjunctive use or underground storage. (g) Well construction policies. (h) Measures addressing groundwater contamination cleanup, groundwater recharge, in-lieu use, diversions to storage, conservation, water recycling, conveyance, and extraction projects. (i) Efficient water management practices, as defined in Section 10902, for the delivery of water and water conservation methods to improve the efficiency of water use. (j) Efforts to develop relationships with state and federal regulatory agencies. (k) Processes to review land use plans and efforts to coordinate with land use planning agencies to assess activities that potentially create risks to groundwater quality or quantity. (l) Impacts on groundwater dependent ecosystems. (Amended by Stats. 2015, Ch. 666, Sec. 4. (AB 617) Effective January 1, 2016.)
  108. 10727.6.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 6. Groundwater Sustainability Plans [10727 - 10728.6] ( Chapter 6 added by Stats. 2014, Ch. 346, Sec. 3. )

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    Certain groundwater sustainability agencies must coordinate with other agencies in the basin so their plans use the same data and methodologies.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 6. Groundwater Sustainability Plans [10727 - 10728.6] ( Chapter 6 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10727.6. Groundwater sustainability agencies intending to develop and implement multiple groundwater sustainability plans pursuant to paragraph (3) of subdivision (b) of Section 10727 shall coordinate with other agencies preparing a groundwater sustainability plan within the basin to ensure that the plans utilize the same data and methodologies for the following assumptions in developing the plan: (a) Groundwater elevation data. (b) Groundwater extraction data. (c) Surface water supply. (d) Total water use. (e) Change in groundwater storage. (f) Water budget. (g) Sustainable yield. (Added by Stats. 2014, Ch. 346, Sec. 3. (SB 1168) Effective January 1, 2015.)
  109. 10727.8.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 6. Groundwater Sustainability Plans [10727 - 10728.6] ( Chapter 6 added by Stats. 2014, Ch. 346, Sec. 3. )

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    The groundwater sustainability agency must share a written public-participation statement and related recipients before and during plan development, and may use an advisory committee.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 6. Groundwater Sustainability Plans [10727 - 10728.6] ( Chapter 6 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10727.8. (a) Prior to initiating the development of a groundwater sustainability plan, the groundwater sustainability agency shall make available to the public and the department a written statement describing the manner in which interested parties may participate in the development and implementation of the groundwater sustainability plan. The groundwater sustainability agency shall provide the written statement to the legislative body of any city, county, or city and county located within the geographic area to be covered by the plan. The groundwater sustainability agency may appoint and consult with an advisory committee consisting of interested parties for the purposes of developing and implementing a groundwater sustainability plan. The groundwater sustainability agency shall encourage the active involvement of diverse social, cultural, and economic elements of the population within the groundwater basin prior to and during the development and implementation of the groundwater sustainability plan. If the geographic area to be covered by the plan includes a public water system regulated by the Public Utilities Commission, the groundwater sustainability agency shall provide the written statement to the commission. (b) For purposes of this section, interested parties include entities listed in Section 10927 that are monitoring and reporting groundwater elevations in all or a part of a groundwater basin managed by the groundwater sustainability agency. (Amended by Stats. 2015, Ch. 666, Sec. 5. (AB 617) Effective January 1, 2016.)
  110. 10728.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 6. Groundwater Sustainability Plans [10727 - 10728.6] ( Chapter 6 added by Stats. 2014, Ch. 346, Sec. 3. )

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    A groundwater sustainability agency must submit a report to the department on April 1 after adopting a groundwater sustainability plan, and every year after that.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 6. Groundwater Sustainability Plans [10727 - 10728.6] ( Chapter 6 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 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. (Added by Stats. 2014, Ch. 346, Sec. 3. (SB 1168) Effective January 1, 2015.)
  111. 10728.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 6. Groundwater Sustainability Plans [10727 - 10728.6] ( Chapter 6 added by Stats. 2014, Ch. 346, Sec. 3. )

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    A groundwater sustainability agency must periodically review its groundwater sustainability plan, assess changing basin conditions, and may adjust plan components.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 6. Groundwater Sustainability Plans [10727 - 10728.6] ( Chapter 6 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10728.2. A groundwater sustainability agency shall periodically evaluate its groundwater sustainability plan, assess changing conditions in the basin that may warrant modification of the plan or management objectives, and may adjust components in the plan. An evaluation of the plan shall focus on determining whether the actions under the plan are meeting the plan’s management objectives and whether those objectives are meeting the sustainability goal in the basin. (Added by Stats. 2014, Ch. 346, Sec. 3. (SB 1168) Effective January 1, 2015.)
  112. 10728.4.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 6. Groundwater Sustainability Plans [10727 - 10728.6] ( Chapter 6 added by Stats. 2014, Ch. 346, Sec. 3. )

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    A groundwater sustainability agency may adopt or amend a groundwater sustainability plan, but only after a public hearing held at least 90 days after notice to the relevant city or county.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 6. Groundwater Sustainability Plans [10727 - 10728.6] ( Chapter 6 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10728.4. A groundwater sustainability agency may adopt or amend a groundwater sustainability plan after a public hearing, held at least 90 days after providing notice to a city or county within the area of the proposed plan or amendment. The groundwater sustainability agency shall review and consider comments from any city or county that receives notice pursuant to this section and shall consult with a city or county that requests consultation within 30 days of receipt of the notice. Nothing in this section is intended to preclude an agency and a city or county from otherwise consulting or commenting regarding the adoption or amendment of a plan. (Added by Stats. 2014, Ch. 346, Sec. 3. (SB 1168) Effective January 1, 2015.)
  113. 10728.6.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 6. Groundwater Sustainability Plans [10727 - 10728.6] ( Chapter 6 added by Stats. 2014, Ch. 346, Sec. 3. )

    Verify source ↗

    Division 13 of the Public Resources Code does not apply to preparing and adopting plans under this chapter, but that does not exempt projects that implement actions taken under such a plan.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 6. Groundwater Sustainability Plans [10727 - 10728.6] ( Chapter 6 added by Stats. 2014, Ch. 346, Sec. 3. ) ## 10728.6. Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to the preparation and adoption of plans pursuant to this chapter. Nothing in this part shall be interpreted as exempting from Division 13 (commencing with Section 21000) of the Public Resources Code a project that would implement actions taken pursuant to a plan adopted pursuant to this chapter. (Added by Stats. 2014, Ch. 346, Sec. 3. (SB 1168) Effective January 1, 2015.)
  114. 10729.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 7. Technical Assistance [10729 - 10729.2] ( Chapter 7 added by Stats. 2014, Ch. 347, Sec. 15. )

    Verify source ↗

    The department may provide technical assistance on groundwater, and it must publish a report and best management practices by the stated deadlines.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 7. Technical Assistance [10729 - 10729.2] ( Chapter 7 added by Stats. 2014, Ch. 347, Sec. 15. ) ## 10729. (a) The department or a groundwater sustainability agency may provide technical assistance to entities that extract or use groundwater to promote water conservation and protect groundwater resources. (b) The department may provide technical assistance to any groundwater sustainability agency in response to that agency’s request for assistance in the development and implementation of a groundwater sustainability plan. The department shall use its best efforts to provide the requested assistance. (c) The department shall prepare and publish a report by December 31, 2016, on its Internet Web site that presents the department’s best estimate, based on available information, of water available for replenishment of groundwater in the state. (d) (1) By January 1, 2017, the department shall publish on its Internet Web site best management practices for the sustainable management of groundwater. (2) The department shall develop the best management practices through a public process involving one public meeting conducted at a location in northern California, one public meeting conducted at a location in the San Joaquin Valley, one public meeting conducted at a location in southern California, and one public meeting of the California Water Commission. (Added by Stats. 2014, Ch. 347, Sec. 15. (AB 1739) Effective January 1, 2015.)
  115. 10729.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 7. Technical Assistance [10729 - 10729.2] ( Chapter 7 added by Stats. 2014, Ch. 347, Sec. 15. )

    Verify source ↗

    Department-prepared technical or procedural guidance under this part is generally not subject to the Administrative Procedure Act, except regulations required by Sections 10722.2 and 10733.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 7. Technical Assistance [10729 - 10729.2] ( Chapter 7 added by Stats. 2014, Ch. 347, Sec. 15. ) ## 10729.2. With the exception of regulations required by Sections 10722.2 and 10733.2, a guideline, criterion, bulletin, or other technical or procedural analysis or guidance prepared by the department as required by this part is not subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2015, Ch. 255, Sec. 11. (SB 13) Effective January 1, 2016.)
  116. 10730.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 8. Financial Authority [10730 - 10731] ( Chapter 8 added by Stats. 2014, Ch. 347, Sec. 16. )

    Verify source ↗

    A groundwater sustainability agency may charge certain fees, but must hold a public meeting, give notice and supporting data in advance, use an ordinance or resolution to impose or increase the fee, and follow special rules for alternative fee collection.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 8. Financial Authority [10730 - 10731] ( Chapter 8 added by Stats. 2014, Ch. 347, Sec. 16. ) ## 10730. (a) A groundwater sustainability agency may impose fees, including, but not limited to, permit fees and fees on groundwater extraction or other regulated activity, to fund the costs of a groundwater sustainability program, including, but not limited to, preparation, adoption, and amendment of a groundwater sustainability plan, and investigations, inspections, compliance assistance, enforcement, and program administration, including a prudent reserve. A groundwater sustainability agency shall not impose a fee pursuant to this subdivision on a de minimis extractor unless the agency has regulated the users pursuant to this part. (b) (1) Prior to imposing or increasing a fee, a groundwater sustainability agency shall hold at least one public meeting, at which oral or written presentations may be made as part of the meeting. (2) Notice of the time and place of the meeting shall include a general explanation of the matter to be considered and a statement that the data required by this section is available. The notice shall be provided by publication pursuant to Section 6066 of the Government Code, by posting notice on the Internet Web site of the groundwater sustainability agency, and by mail to any interested party who files a written request with the agency for mailed notice of the meeting on new or increased fees. A written request for mailed notices shall be valid for one year from the date that the request is made and may be renewed by making a written request on or before April 1 of each year. (3) At least 20 days prior to the meeting, the groundwater sustainability agency shall make available to the public data upon which the proposed fee is based. (c) Any action by a groundwater sustainability agency to impose or increase a fee shall be taken only by ordinance or resolution. (d) (1) As an alternative method for the collection of fees imposed pursuant to this section, a groundwater sustainability agency may adopt a resolution requesting collection of the fees in the same manner as ordinary municipal ad valorem taxes. (2) A resolution described in paragraph (1) shall be adopted and furnished to the county auditor-controller and board of supervisors on or before August 1 of each year that the alternative collection of the fees is being requested. The resolution shall include a list of parcels and the amount to be collected for each parcel. (e) The power granted by this section is in addition to any powers a groundwater sustainability agency has under any other law. (Amended by Stats. 2015, Ch. 667, Sec. 2. (AB 939) Effective January 1, 2016.)
  117. 10730.1.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 8. Financial Authority [10730 - 10731] ( Chapter 8 added by Stats. 2014, Ch. 347, Sec. 16. )

    Verify source ↗

    A groundwater sustainability agency must notify the Public Utilities Commission before imposing or increasing certain fees tied to a groundwater basin that includes a water corporation regulated by the Commission.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 8. Financial Authority [10730 - 10731] ( Chapter 8 added by Stats. 2014, Ch. 347, Sec. 16. ) ## 10730.1. A groundwater sustainability agency, before imposing or increasing a fee pursuant to Section 10730 or 10730.2 relating to a groundwater basin that includes a water corporation regulated by the Public Utilities Commission, shall notify the Public Utilities Commission. (Added by Stats. 2016, Ch. 139, Sec. 1. (AB 2874) Effective January 1, 2017.)
  118. 10730.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 8. Financial Authority [10730 - 10731] ( Chapter 8 added by Stats. 2014, Ch. 347, Sec. 16. )

    Verify source ↗

    A groundwater sustainability agency may charge fees for groundwater extraction to pay groundwater management costs, and a local agency may do so temporarily under stated conditions.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 8. Financial Authority [10730 - 10731] ( Chapter 8 added by Stats. 2014, Ch. 347, Sec. 16. ) ## 10730.2. (a) A groundwater sustainability agency that adopts a groundwater sustainability plan pursuant to this part may impose fees on the extraction of groundwater from the basin to fund costs of groundwater management, including, but not limited to, the costs of the following: (1) Administration, operation, and maintenance, including a prudent reserve. (2) Acquisition of lands or other property, facilities, and services. (3) Supply, production, treatment, or distribution of water. (4) Other activities necessary or convenient to implement the plan. (b) Until a groundwater sustainability plan is adopted pursuant to this part, a local agency may impose fees in accordance with the procedures provided in this section for the purposes of Part 2.75 (commencing with Section 10750) as long as a groundwater management plan adopted before January 1, 2015, is in effect. (c) Fees imposed pursuant to this section shall be adopted in accordance with subdivisions (a) and (b) of Section 6 of Article XIII D of the California Constitution. (d) Fees imposed pursuant to this section may include fixed fees and fees charged on a volumetric basis, including, but not limited to, fees that increase based on the quantity of groundwater produced annually, the year in which the production of groundwater commenced from a groundwater extraction facility, and impacts to the basin. (e) The power granted by this section is in addition to any powers a groundwater sustainability agency has under any other law. (Amended by Stats. 2015, Ch. 255, Sec. 12. (SB 13) Effective January 1, 2016.)
  119. 10730.4.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 8. Financial Authority [10730 - 10731] ( Chapter 8 added by Stats. 2014, Ch. 347, Sec. 16. )

    Verify source ↗

    A groundwater sustainability agency may fund certain Part 2.75 activities and may impose fees under Section 10730.2 to pay for those activities.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 8. Financial Authority [10730 - 10731] ( Chapter 8 added by Stats. 2014, Ch. 347, Sec. 16. ) ## 10730.4. A groundwater sustainability agency may fund activities pursuant to Part 2.75 (commencing with Section 10750) and may impose fees pursuant to Section 10730.2 to fund activities undertaken by the agency pursuant to Part 2.75 (commencing with Section 10750). (Added by Stats. 2014, Ch. 347, Sec. 16. (AB 1739) Effective January 1, 2015.)
  120. 10730.6.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 8. Financial Authority [10730 - 10731] ( Chapter 8 added by Stats. 2014, Ch. 347, Sec. 16. )

    Verify source ↗

    Groundwater fees must be paid to the groundwater sustainability agency on the day it sets, and late knowing nonpayment can trigger interest, a penalty, collection actions, and an order to stop groundwater extraction.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 8. Financial Authority [10730 - 10731] ( Chapter 8 added by Stats. 2014, Ch. 347, Sec. 16. ) ## 10730.6. (a) A groundwater fee levied pursuant to this chapter shall be due and payable to the groundwater sustainability agency by each owner or operator on a day established by the groundwater sustainability agency. (b) If an owner or operator knowingly fails to pay a groundwater fee within 30 days of it becoming due, the owner or operator shall be liable to the groundwater sustainability agency for interest at the rate of 1 percent per month on the delinquent amount of the groundwater fee and a 10-percent penalty. (c) The groundwater sustainability agency may bring a suit in the court having jurisdiction against any owner or operator of a groundwater extraction facility within the area covered by the plan for the collection of any delinquent groundwater fees, interest, or penalties imposed under this chapter. If the groundwater sustainability agency seeks an attachment against the property of any named defendant in the suit, the groundwater sustainability agency shall not be required to furnish a bond or other undertaking as provided in Title 6.5 (commencing with Section 481.010) of Part 2 of the Code of Civil Procedure. (d) In the alternative to bringing a suit pursuant to subdivision (c), a groundwater sustainability agency may collect any delinquent groundwater charge and any civil penalties and interest on the delinquent groundwater charge pursuant to the laws applicable to the local agency or, if a joint powers authority, to the entity designated pursuant to Section 6509 of the Government Code. The collection shall be in the same manner as it would be applicable to the collection of delinquent assessments, water charges, or tolls. (e) As an additional remedy, a groundwater sustainability agency, after a public hearing, may order an owner or operator to cease extraction of groundwater until all delinquent fees are paid. The groundwater sustainability agency shall give notice to the owner or operator by certified mail not less than 15 days in advance of the public hearing. (f) The remedies specified in this section for collecting and enforcing fees are cumulative and may be pursued alternatively or may be used consecutively as determined by the governing body. (Added by Stats. 2014, Ch. 347, Sec. 16. (AB 1739) Effective January 1, 2015.)
  121. 10730.8.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 8. Financial Authority [10730 - 10731] ( Chapter 8 added by Stats. 2014, Ch. 347, Sec. 16. )

    Verify source ↗

    This section preserves a groundwater sustainability agency’s authority to levy and collect taxes, assessments, charges, and tolls, as otherwise allowed by law, and says personal information in reports or records has the same disclosure protection as utility-customer information under a cited Government Code section.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 8. Financial Authority [10730 - 10731] ( Chapter 8 added by Stats. 2014, Ch. 347, Sec. 16. ) ## 10730.8. (a) Nothing in this chapter shall affect or interfere with the authority of a groundwater sustainability agency to levy and collect taxes, assessments, charges, and tolls as otherwise provided by law. (b) Personal information included in a report or record pursuant to this chapter has the same protection from disclosure as is provided for information concerning utility customers of local agencies pursuant to Section 7927.410 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 431. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  122. 10731.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 8. Financial Authority [10730 - 10731] ( Chapter 8 added by Stats. 2014, Ch. 347, Sec. 16. )

    Verify source ↗

    The governing body may set groundwater production for charge purposes after an investigation, must notify the owner or operator, and must follow a protest-and-hearing process if a protest is filed.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 8. Financial Authority [10730 - 10731] ( Chapter 8 added by Stats. 2014, Ch. 347, Sec. 16. ) ## 10731. (a) Following an investigation pursuant to Section 10725.4, the governing body may make a determination fixing the amount of groundwater production from the groundwater extraction facility at an amount not to exceed the maximum production capacity of the facility for purposes of levying a groundwater charge. If a water-measuring device is permanently attached to the groundwater extraction facility, the record of production as disclosed by the water-measuring device shall be presumed to be accurate unless the contrary is established by the groundwater sustainability agency after investigation. (b) After the governing body makes a determination fixing the amount of groundwater production pursuant to subdivision (a), a written notice of the determination shall be mailed to the owner or operator of the groundwater extraction facility at the address as shown by the groundwater sustainability agency’s records. A determination made by the governing body shall be conclusive on the owner or operator and the groundwater charges, based on the determination together with any interest and penalties, shall be payable immediately unless within 20 days after the mailing of the notice the owner or operator files with the governing body a written protest setting forth the ground for protesting the amount of production or the groundwater charges, interest, and penalties. If a protest is filed pursuant to this subdivision, the governing body shall hold a hearing to determine the total amount of the groundwater production and the groundwater charges, interest, and penalties. Notice of the hearing shall be mailed to each protestant at least 20 days before the date fixed for the hearing. Notice of the determination of the governing body hearing shall be mailed to each protestant. The owner or operator shall have 20 days from the date of mailing of the determination to pay the groundwater charges, interest, and penalties determined by the governing body. (Added by Stats. 2014, Ch. 347, Sec. 16. (AB 1739) Effective January 1, 2015.)
  123. 10732.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 9. Groundwater Sustainability Agency Enforcement Powers [10732 - 10732.2] ( Chapter 9 added by Stats. 2014, Ch. 347, Sec. 17. )

    Verify source ↗

    Groundwater Sustainability Agencies may seek or impose civil penalties for unauthorized groundwater extraction or violations of Section 10725.2 rules.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 9. Groundwater Sustainability Agency Enforcement Powers [10732 - 10732.2] ( Chapter 9 added by Stats. 2014, Ch. 347, Sec. 17. ) ## 10732. (a) (1) A person who extracts groundwater in excess of the amount that person is authorized to extract under a rule, regulation, ordinance, or resolution adopted pursuant to Section 10725.2, shall be subject to a civil penalty not to exceed five hundred dollars ($500) per acre-foot extracted in excess of the amount that person is authorized to extract. Liability under this subdivision is in addition to any liability imposed under paragraph (2) and any fee imposed for the extraction. (2) A person who violates any rule, regulation, ordinance, or resolution adopted pursuant to Section 10725.2 shall be liable for a civil penalty not to exceed one thousand dollars ($1,000) plus one hundred dollars ($100) for each additional day on which the violation continues if the person fails to comply within 30 days after the local agency has notified the person of the violation. (b) (1) A groundwater sustainability agency may bring an action in the superior court to determine whether a violation occurred and to impose a civil penalty described in subdivision (a). (2) A groundwater sustainability agency may administratively impose a civil penalty described in subdivision (a) after providing notice and an opportunity for a hearing. (3) In determining the amount of the penalty, the superior court or the groundwater sustainability agency shall take into consideration all relevant circumstances, including, but not limited to, the nature and persistence of the violation, the extent of the harm caused by the violation, the length of time over which the violation occurs, and any corrective action taken by the violator. (c) A penalty imposed pursuant to this section shall be paid to the groundwater sustainability agency and shall be expended solely for purposes of this part. (d) Penalties imposed pursuant to this section are in addition to any civil penalty or criminal fine under any other law. (Added by Stats. 2014, Ch. 347, Sec. 17. (AB 1739) Effective January 1, 2015.)
  124. 10732.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 9. Groundwater Sustainability Agency Enforcement Powers [10732 - 10732.2] ( Chapter 9 added by Stats. 2014, Ch. 347, Sec. 17. )

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    If a groundwater sustainability agency finds a state entity is not cooperating on a groundwater sustainability plan, it may notify the board, the board must start proceedings to investigate, and the board may order the state entity to cooperate unless the entity states a valid authority for not complying.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 9. Groundwater Sustainability Agency Enforcement Powers [10732 - 10732.2] ( Chapter 9 added by Stats. 2014, Ch. 347, Sec. 17. ) ## 10732.2. If a groundwater sustainability agency finds that a state entity is not working cooperatively regarding implementation of a groundwater sustainability plan, the groundwater sustainability agency may file notice with the board regarding its finding. The board shall notice proceedings to investigate the finding of the groundwater sustainability agency. If the board determines that the failure of the state entity to work cooperatively regarding implementation of a groundwater sustainability plan compromises the ability of the groundwater sustainability agency to implement the plan in a manner that will likely achieve the sustainability goal, the board may direct the state entity to cooperate in the implementation of the groundwater sustainability plan unless the state entity indicates its authority for not complying with a groundwater sustainability plan in the same manner as subdivision (f) of Section 10735.8. (Added by Stats. 2015, Ch. 666, Sec. 6. (AB 617) Effective January 1, 2016.)
  125. 10733.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 10. State Evaluation and Assessment [10733 - 10733.8] ( Chapter 10 added by Stats. 2014, Ch. 347, Sec. 18. )

    Verify source ↗

    The department must periodically review groundwater sustainability plans and evaluate whether they comply with specified sections, achieve basin sustainability goals, and do not harm adjacent basins.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 10. State Evaluation and Assessment [10733 - 10733.8] ( Chapter 10 added by Stats. 2014, Ch. 347, Sec. 18. ) ## 10733. (a) The department shall periodically review the groundwater sustainability plans developed by groundwater sustainability agencies pursuant to this part to evaluate whether a plan conforms with Sections 10727.2 and 10727.4 and is likely to achieve the sustainability goal for the basin covered by the groundwater sustainability plan. (b) If a groundwater sustainability agency develops multiple groundwater sustainability plans for a basin, the department shall evaluate whether the plans conform with Sections 10727.2, 10727.4, and 10727.6 and are together likely to achieve the sustainability goal for the basin covered by the groundwater sustainability plans. (c) The department shall evaluate whether a groundwater sustainability plan adversely affects the ability of an adjacent basin to implement their groundwater sustainability plan or impedes achievement of sustainability goals in an adjacent basin. (Added by Stats. 2014, Ch. 347, Sec. 18. (AB 1739) Effective January 1, 2015.)
  126. 10733.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 10. State Evaluation and Assessment [10733 - 10733.8] ( Chapter 10 added by Stats. 2014, Ch. 347, Sec. 18. )

    Verify source ↗

    The department must adopt groundwater-related regulations by June 1, 2016, may later update them, and must hold public meetings and publish draft regulations before adoption.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 10. State Evaluation and Assessment [10733 - 10733.8] ( Chapter 10 added by Stats. 2014, Ch. 347, Sec. 18. ) ## 10733.2. (a) (1) By June 1, 2016, the department shall adopt regulations for evaluating groundwater sustainability plans, the implementation of groundwater sustainability plans, and coordination agreements pursuant to this chapter. (2) The regulations shall identify the necessary plan components specified in Sections 10727.2, 10727.4, and 10727.6 and other information that will assist local agencies in developing and implementing groundwater sustainability plans and coordination agreements. (b) (1) The department may update the regulations, including to incorporate the best management practices identified pursuant to Section 10729. (2) The regulations adopted pursuant to paragraph (1) of subdivision (a) shall identify appropriate methodologies and assumptions for baseline conditions concerning hydrology, water demand, regulatory restrictions that affect the availability of surface water, and unreliability of, or reductions in, surface water deliveries to the agency or water users in the basin, and the impact of those conditions on achieving sustainability. The baseline for measuring unreliability and reductions shall include the historic average reliability and deliveries of surface water to the agency or water users in the basin. (c) By June 1, 2016, the department shall adopt regulations for evaluating alternatives submitted pursuant to Section 10733.6. (d) The department shall adopt the regulations, including any amendments thereto, authorized by this section as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding the Administrative Procedure Act, emergency regulations adopted by the department pursuant to this section shall not be subject to review by the Office of Administrative Law and shall remain in effect until revised by the department. (e) Before adopting the regulations pursuant to this section, the department shall conduct three public meetings to consider public comments. The department shall publish the draft regulations on its Internet Web site at least 30 days before the public meetings. One meeting shall be conducted at a location in northern California, one meeting shall be conducted at a location in the central valley of California, and one meeting shall be conducted at a location in southern California. (Amended by Stats. 2015, Ch. 255, Sec. 13. (SB 13) Effective January 1, 2016.)
  127. 10733.4.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 10. State Evaluation and Assessment [10733 - 10733.8] ( Chapter 10 added by Stats. 2014, Ch. 347, Sec. 18. )

    Verify source ↗

    A groundwater sustainability agency must submit a plan to the department after adoption, and the department must post, accept comments on, and evaluate the plan.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 10. State Evaluation and Assessment [10733 - 10733.8] ( Chapter 10 added by Stats. 2014, Ch. 347, Sec. 18. ) ## 10733.4. (a) Upon adoption of a groundwater sustainability plan, a groundwater sustainability agency shall submit the groundwater sustainability plan to the department for review pursuant to this chapter. (b) If groundwater sustainability agencies develop multiple groundwater sustainability plans for a basin, the submission required by subdivision (a) shall not occur until the entire basin is covered by groundwater sustainability plans. When the entire basin is covered by groundwater sustainability plans, the groundwater sustainability agencies shall jointly submit to the department all of the following: (1) The groundwater sustainability plans. (2) An explanation of how the groundwater sustainability plans implemented together satisfy Sections 10727.2, 10727.4, and 10727.6 for the entire basin. (3) A copy of the coordination agreement between the groundwater sustainability agencies to ensure the coordinated implementation of the groundwater sustainability plans for the entire basin. (c) Upon receipt of a groundwater sustainability plan, the department shall post the plan on the department’s internet website and provide 60 days for persons to submit comments to the department about the plan. (d) The department shall evaluate the groundwater sustainability plan within two years of its submission by a groundwater sustainability agency and issue an assessment of the plan. The assessment may include recommended corrective actions to address any deficiencies identified by the department. (e) Nothing in this section shall be construed to prohibit a groundwater sustainability agency from implementing a groundwater sustainability plan prior to evaluation and assessment of the groundwater sustainability plan by the department. (f) Nothing in this section shall be construed to prohibit groundwater sustainability agencies that have developed multiple groundwater sustainability plans for a basin from amending the coordination agreement following department issuance of an assessment of the plans. (Amended by Stats. 2025, Ch. 439, Sec. 1. (AB 709) Effective January 1, 2026.)
  128. 10733.6.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 10. State Evaluation and Assessment [10733 - 10733.8] ( Chapter 10 added by Stats. 2014, Ch. 347, Sec. 18. )

    Verify source ↗

    A local agency may submit an alternative to the department for review, and must do so by January 1, 2017, and every five years after that.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 10. State Evaluation and Assessment [10733 - 10733.8] ( Chapter 10 added by Stats. 2014, Ch. 347, Sec. 18. ) ## 10733.6. (a) If a local agency believes that an alternative described in subdivision (b) satisfies the objectives of this part, the local agency may submit the alternative to the department for evaluation and assessment of whether the alternative satisfies the objectives of this part for the basin. (b) An alternative is any of the following: (1) A plan developed pursuant to Part 2.75 (commencing with Section 10750) or other law authorizing groundwater management. (2) Management pursuant to an adjudication action. (3) An analysis of basin conditions that demonstrates that the basin has operated within its sustainable yield over a period of at least 10 years. The submission of an alternative described by this paragraph shall include a report prepared by a registered professional engineer or geologist who is licensed by the state and submitted under that engineer’s or geologist’s seal. (c) A local agency shall submit an alternative pursuant to this section no later than January 1, 2017, and every five years thereafter. (d) The assessment required by subdivision (a) shall include an assessment of whether the alternative is within a basin that is in compliance with Part 2.11 (commencing with Section 10920). If the alternative is within a basin that is not in compliance with Part 2.11 (commencing with Section 10920), the department shall find the alternative does not satisfy the objectives of this part. (Added by Stats. 2014, Ch. 347, Sec. 18. (AB 1739) Effective January 1, 2015.)
  129. 10733.8.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 10. State Evaluation and Assessment [10733 - 10733.8] ( Chapter 10 added by Stats. 2014, Ch. 347, Sec. 18. )

    Verify source ↗

    The department must review groundwater sustainability plans or alternatives at least every five years and issue an assessment for each basin with a submitted plan or alternative.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 10. State Evaluation and Assessment [10733 - 10733.8] ( Chapter 10 added by Stats. 2014, Ch. 347, Sec. 18. ) ## 10733.8. At least every five years after initial submission of a plan pursuant to Section 10733.4, the department shall review any available groundwater sustainability plan or alternative submitted in accordance with Section 10733.6, and the implementation of the corresponding groundwater sustainability program for consistency with this part, including achieving the sustainability goal. The department shall issue an assessment for each basin for which a plan or alternative has been submitted in accordance with this chapter, with an emphasis on assessing progress in achieving the sustainability goal within the basin. The assessment may include recommended corrective actions to address any deficiencies identified by the department. (Added by Stats. 2014, Ch. 347, Sec. 18. (AB 1739) Effective January 1, 2015.)
  130. 10735.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 11. State Intervention [10735 - 10736.6] ( Chapter 11 added by Stats. 2014, Ch. 347, Sec. 19. )

    Verify source ↗

    This section defines several terms used in the chapter, including long-term overdraft, person, probationary basin, and significant depletions of interconnected surface waters.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 11. State Intervention [10735 - 10736.6] ( Chapter 11 added by Stats. 2014, Ch. 347, Sec. 19. ) ## 10735. As used in this chapter, the following terms have the following meanings: (a) “Condition of long-term overdraft” means the condition of a groundwater basin where the average annual amount of water extracted for a long-term period, generally 10 years or more, exceeds the long-term average annual supply of water to the basin, plus any temporary surplus. Overdraft during a period of drought is not sufficient to establish a condition of long-term overdraft if extractions and recharge are managed as necessary to ensure that reductions in groundwater levels or storage during a period of drought are offset by increases in groundwater levels or storage during other periods. (b) “Person” means any person, firm, association, organization, partnership, business, trust, corporation, limited liability company, or public agency, including any city, county, city and county, district, joint powers authority, state, or any agency or department of those entities. “Person” includes, to the extent authorized by federal or tribal law and subject to the limitations described in subdivisions (c) and (d) of Section 10720.3, the United States, a department, agency or instrumentality of the federal government, an Indian tribe, an authorized Indian tribal organization, or interstate body. (c) “Probationary basin” means a basin for which the board has issued a determination under Section 10735.2. (d) “Significant depletions of interconnected surface waters” means reductions in flow or levels of surface water that is hydrologically connected to the basin such that the reduced surface water flow or levels have a significant and unreasonable adverse impact on beneficial uses of the surface water. (Added by Stats. 2014, Ch. 347, Sec. 19. (AB 1739) Effective January 1, 2015.)
  131. 10735.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 11. State Intervention [10735 - 10736.6] ( Chapter 11 added by Stats. 2014, Ch. 347, Sec. 19. )

    Verify source ↗

    The board may designate certain basins as probationary basins, but only after notice and a public hearing and only when specified basin conditions are met.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 11. State Intervention [10735 - 10736.6] ( Chapter 11 added by Stats. 2014, Ch. 347, Sec. 19. ) ## 10735.2. (a) The board, after notice and a public hearing, may designate a high- or medium-priority basin as a probationary basin, if the board finds one or more of the following applies to the basin: (1) After June 30, 2017, none of the following have occurred: (A) A local agency has decided to become a groundwater sustainability agency that intends to develop a groundwater sustainability plan for the entire basin. (B) A collection of local agencies has formed a groundwater sustainability agency or prepared agreements to develop one or more groundwater sustainability plans that will collectively serve as a groundwater sustainability plan for the entire basin. (C) A local agency has submitted an alternative that has been approved or is pending approval pursuant to Section 10733.6. If the department disapproves an alternative pursuant to Section 10733.6, the board shall not act under this paragraph until at least 180 days after the department disapproved the alternative. (2) The basin is subject to paragraph (1) of subdivision (a) of Section 10720.7, and after January 31, 2020, none of the following have occurred: (A) A groundwater sustainability agency has adopted a groundwater sustainability plan for the entire basin. (B) A collection of local agencies has adopted groundwater sustainability plans that collectively serve as a groundwater sustainability plan for the entire basin. (C) The department has approved an alternative pursuant to Section 10733.6. (3) The basin is subject to paragraph (1) of subdivision (a) of Section 10720.7 and after January 31, 2020, the department, in consultation with the board, determines that a groundwater sustainability plan is inadequate or that the groundwater sustainability program is not being implemented in a manner that will likely achieve the sustainability goal. (4) The basin is subject to paragraph (2) of subdivision (a) of Section 10720.7, and after January 31, 2022, none of the following have occurred: (A) A groundwater sustainability agency has adopted a groundwater sustainability plan for the entire basin. (B) A collection of local agencies has adopted groundwater sustainability plans that collectively serve as a groundwater sustainability plan for the entire basin. (C) The department has approved an alternative pursuant to Section 10733.6. (5) The basin is subject to paragraph (2) of subdivision (a) of Section 10720.7, and either of the following have occurred: (A) After January 31, 2022, both of the following have occurred: (i) The department, in consultation with the board, determines that a groundwater sustainability plan is inadequate or that the groundwater sustainability plan is not being implemented in a manner that will likely achieve the sustainability goal. (ii) The board determines that the basin is in a condition of long-term overdraft. (B) After January 31, 2025, both of the following have occurred: (i) The department, in consultation with the board, determines that a groundwater sustainability plan is inadequate or that the groundwater sustainability plan is not being implemented in a manner that will likely achieve the sustainability goal. (ii) The board determines that the basin is in a condition where groundwater extractions result in significant depletions of interconnected surface waters. (b) In making the findings associated with paragraph (3) or (5) of subdivision (a), the department and board may rely on periodic assessments the department has prepared pursuant to Chapter 10 (commencing with Section 10733). The board may request that the department conduct additional assessments utilizing the regulations developed pursuant to Chapter 10 (commencing with Section 10733) and make determinations pursuant to this section. The board shall post on its Internet Web site and provide at least 30 days for the public to comment on any determinations provided by the department pursuant to this subdivision. (c) (1) The determination may exclude a class or category of extractions from the requirement for reporting pursuant to Part 5.2 (commencing with Section 5200) of Division 2 if those extractions are subject to a local plan or program that adequately manages groundwater within the portion of the basin to which that plan or program applies, or if those extractions are likely to have a minimal impact on basin withdrawals. (2) The determination may require reporting of a class or category of extractions that would otherwise be exempt from reporting pursuant to paragraph (1) of subdivision (c) of Section 5202 if those extractions are likely to have a substantial impact on basin withdrawals or requiring reporting of those extractions is reasonably necessary to obtain information for purposes of this chapter. (3) The determination may establish requirements for information required to be included in reports of groundwater extraction, for installation of measuring devices, or for use of a methodology, measuring device, or both, pursuant to Part 5.2 (commencing with Section 5200) of Division 2. (4) The determination may modify the water year or reporting date for a report of groundwater extraction pursuant to Section 5202. (d) If the board finds that litigation challenging the formation of a groundwater sustainability agency prevented its formation before July 1, 2017, pursuant to paragraph (1) of subdivision (a) or prevented a groundwater sustainability program from being implemented in a manner likely to achieve the sustainability goal pursuant to paragraph (2), (3), (4), or (5) of subdivision (a), the board shall not designate a basin as a probationary basin for a period of time equal to the delay caused by the litigation. (e) The board shall exclude from probationary status any portion of a basin for which a groundwater sustainability agency demonstrates compliance with the sustainability goal. (Amended by Stats. 2015, Ch. 255, Sec. 15. (SB 13) Effective January 1, 2016.)
  132. 10735.4.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 11. State Intervention [10735 - 10736.6] ( Chapter 11 added by Stats. 2014, Ch. 347, Sec. 19. )

    Verify source ↗

    If a basin is designated probationary, the local agency or groundwater sustainability agency has 180 days to fix the deficiency. The board may also appoint help, grant more time, or develop an interim plan if the deficiency is not remedied.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 11. State Intervention [10735 - 10736.6] ( Chapter 11 added by Stats. 2014, Ch. 347, Sec. 19. ) ## 10735.4. (a) If the board designates a basin as a probationary basin pursuant to paragraph (1), (2), or (4) of subdivision (a) of Section 10735.2, a local agency or groundwater sustainability agency shall have 180 days to remedy the deficiency. The board may appoint a mediator or other facilitator, after consultation with affected local agencies, to assist in resolving disputes, and identifying and implementing actions that will remedy the deficiency. (b) After the 180-day period provided by subdivision (a), the board may provide additional time to remedy the deficiency if it finds that a local agency is making substantial progress toward remedying the deficiency. (c) The board may develop an interim plan pursuant to Section 10735.8 for the probationary basin at the end of the period provided by subdivision (a) or any extension provided pursuant to subdivision (b), if the board, in consultation with the department, determines that a local agency has not remedied the deficiency that resulted in designating the basin as a probationary basin. (Amended by Stats. 2015, Ch. 255, Sec. 16. (SB 13) Effective January 1, 2016.)
  133. 10735.6.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 11. State Intervention [10735 - 10736.6] ( Chapter 11 added by Stats. 2014, Ch. 347, Sec. 19. )

    Verify source ↗

    If the board designates a basin as probationary, it must identify the deficiencies and possible fixes, and it may ask the department to give local agencies technical recommendations within 90 days. After one year, the board may also develop an interim plan if the deficiency has not been remedied.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 11. State Intervention [10735 - 10736.6] ( Chapter 11 added by Stats. 2014, Ch. 347, Sec. 19. ) ## 10735.6. (a) If the board designates a basin as a probationary basin pursuant to paragraph (3) or (5) of subdivision (a) of Section 10735.2, the board shall identify the specific deficiencies and identify potential actions to address the deficiencies. The board may request the department to provide local agencies, within 90 days of the designation of a probationary basin, with technical recommendations to remedy the deficiencies. (b) The board may develop an interim plan pursuant to Section 10735.8 for the probationary basin one year after the designation of the basin pursuant to paragraph (3) or (5) of subdivision (a) of Section 10735.2, if the board, in consultation with the department, determines that a local agency has not remedied the deficiency that resulted in designating the basin a probationary basin. (Amended by Stats. 2015, Ch. 255, Sec. 17. (SB 13) Effective January 1, 2016.)
  134. 10735.8.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 11. State Intervention [10735 - 10736.6] ( Chapter 11 added by Stats. 2014, Ch. 347, Sec. 19. )

    Verify source ↗

    The board may adopt an interim plan for a probationary basin, and that plan must include required actions, a time schedule, and monitoring. State entities must comply with the plan when their activities may affect the basin, subject to statutory direction or authorization.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 11. State Intervention [10735 - 10736.6] ( Chapter 11 added by Stats. 2014, Ch. 347, Sec. 19. ) ## 10735.8. (a) The board, after notice and a public hearing, may adopt an interim plan for a probationary basin. (b) The interim plan shall include all of the following: (1) Identification of the actions that are necessary to correct a condition of long-term overdraft or a condition where groundwater extractions result in significant depletions of interconnected surface waters, including recommendations for appropriate action by any person. (2) A time schedule for the actions to be taken. (3) A description of the monitoring to be undertaken to determine effectiveness of the plan. (c) The interim plan may include the following: (1) Restrictions on groundwater extraction. (2) A physical solution. (3) Principles and guidelines for the administration of rights to surface waters that are connected to the basin. (d) Except as provided in subdivision (e), the interim plan shall be consistent with water right priorities, subject to Section 2 of Article X of the California Constitution. (e) The board shall include in its interim plan a groundwater sustainability plan, or any element of a plan, that the board finds complies with the sustainability goal for that portion of the basin or would help meet the sustainability goal for the basin. Where, in the judgment of the board, an adjudication action can be relied on as part of the interim plan, either throughout the basin or in an area within the basin, the board may rely on, or incorporate elements of, that adjudication into the interim plan adopted by the board. (f) In carrying out activities that may affect the probationary basin, state entities shall comply with an interim plan adopted by the board pursuant to this section unless otherwise directed or authorized by statute and the state entity shall indicate to the board in writing the authority for not complying with the interim plan. (g) (1) After the board adopts an interim plan under this section, the board shall determine if a groundwater sustainability plan or an adjudication action is adequate to eliminate the condition of long-term overdraft or condition where groundwater extractions result in significant depletions of interconnected surface waters, upon petition of either of the following: (A) A groundwater sustainability agency that has adopted a groundwater sustainability plan for the probationary basin or a portion thereof. (B) A person authorized to file the petition by a judicial order or decree entered in an adjudication action in the probationary basin. (2) The board shall act on a petition filed pursuant to paragraph (1) within 90 days after the petition is complete. If the board, in consultation with the department, determines that the groundwater sustainability plan or adjudication action is adequate, the board shall rescind the interim plan adopted by the board for the probationary basin, except as provided in paragraphs (3) and (4). (3) Upon request of the petitioner, the board may amend an interim plan adopted under this section to eliminate portions of the interim plan, while allowing other portions of the interim plan to continue in effect. (4) The board may decline to rescind an interim plan adopted pursuant to this section if the board determines that the petitioner has not provided adequate assurances that the groundwater sustainability plan or judicial order or decree will be implemented. (5) This subdivision is not a limitation on the authority of the board to stay its proceedings under this section or to rescind or amend an interim plan adopted pursuant to this section based on the progress made by a groundwater sustainability agency or in an adjudication action, even if the board cannot make a determination of adequacy in accordance with paragraph (1). (h) Before January 1, 2025, the state board shall not establish an interim plan under this section to remedy a condition where the groundwater extractions result in significant depletions of interconnected surface waters. (i) The board’s authority to adopt an interim plan under this section does not alter the law establishing water rights priorities or any other authority of the board. (Amended (as added by Stats. 2014, Ch. 347) by Stats. 2014, Ch. 348, Sec. 2. (SB 1319) Effective January 1, 2015.)
  135. 10736.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 11. State Intervention [10735 - 10736.6] ( Chapter 11 added by Stats. 2014, Ch. 347, Sec. 19. )

    Verify source ↗

    The board must give advance notice for hearings and related proceedings, and it may adopt certain regulations for groundwater determinations and plans.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 11. State Intervention [10735 - 10736.6] ( Chapter 11 added by Stats. 2014, Ch. 347, Sec. 19. ) ## 10736. (a) The board shall adopt or amend a determination or interim plan under Section 10735.2 or 10735.8 in accordance with procedures for quasi-legislative action. (b) The board shall provide notice of a hearing described in subdivision (a) of Section 10735.2 or subdivision (a) of Section 10735.8 as follows: (1) At least 90 days before the hearing, the board shall publish notice of the hearing on its Internet Web site. (2) At least 90 days before the hearing, the board shall notify the department and each city, county, or city and county in which any part of the basin is situated. (3) (A) For the purposes of this paragraph, the terms “board-designated local area” and “local agency” have the same meaning as defined in Section 5009. (B) At least 60 days before the hearing, the board shall mail or send by electronic mail notice to all persons known to the board who extract or who propose to extract water from the basin, or who have made written or electronic mail requests to the board for special notice of hearing pursuant to this part. If any portion of the basin is within a board-designated local area, the records made available to the board by the local agency in accordance with paragraph (4) of subdivision (d) of Section 5009 shall include the names and addresses of persons and entities known to the local agency who extract water from the basin, and the board shall mail or send by electronic mail notice to those persons. (c) The board shall provide notice of proceedings to amend or repeal a determination or plan under Section 10735.2 or 10735.8 as appropriate to the proceedings, taking into account the nature of the proposed revision and the person likely to be affected. (d) (1) Except as provided in paragraphs (2) and (3), Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 2 of Title 2 of the Government Code does not apply to any action authorized pursuant to Section 10735.2 or 10735.8. (2) The board may adopt a regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 2 of Title 2 of the Government Code setting procedures for adopting a determination or plan. (3) The board may adopt a regulation applying or interpreting this part pursuant to Section 1530 if the board determines that the emergency regulation is reasonably necessary for the allocation, administration, or collection of fees authorized pursuant to Section 1529.5. (Added by Stats. 2014, Ch. 347, Sec. 19. (AB 1739) Effective January 1, 2015.)
  136. 10736.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 11. State Intervention [10735 - 10736.6] ( Chapter 11 added by Stats. 2014, Ch. 347, Sec. 19. )

    Verify source ↗

    Division 13 of the Public Resources Code does not apply to certain board actions and interim plan adoption or amendment, but a project implementing an interim plan is not treated as exempt on that basis.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 11. State Intervention [10735 - 10736.6] ( Chapter 11 added by Stats. 2014, Ch. 347, Sec. 19. ) ## 10736.2. (a) Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to either of the following: (1) An action by the board pursuant to Section 10735.2. (2) The adoption or amendment of an interim plan pursuant to this chapter. (b) This section shall not be interpreted as exempting from Division 13 (commencing with Section 21000) a project that would implement actions taken pursuant to an interim plan adopted pursuant to this chapter. (Amended by Stats. 2022, Ch. 60, Sec. 42. (AB 203) Effective June 30, 2022.)
  137. 10736.4.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 11. State Intervention [10735 - 10736.6] ( Chapter 11 added by Stats. 2014, Ch. 347, Sec. 19. )

    Verify source ↗

    Water extracted in violation of an interim plan cannot be used to support a claim in a water-rights determination action or proceeding.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 11. State Intervention [10735 - 10736.6] ( Chapter 11 added by Stats. 2014, Ch. 347, Sec. 19. ) ## 10736.4. The extraction or use of water extracted in violation of an interim plan under this part shall not be relied upon as a basis for establishing the extraction or use of water to support a claim in an action or proceeding for determination of water rights. (Added by Stats. 2014, Ch. 347, Sec. 19. (AB 1739) Effective January 1, 2015.)
  138. 10736.6.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 11. State Intervention [10735 - 10736.6] ( Chapter 11 added by Stats. 2014, Ch. 347, Sec. 19. )

    Verify source ↗

    The board may order certain water users to submit technical or monitoring reports, and it may require them to share report-preparation costs in some cases.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 11. State Intervention [10735 - 10736.6] ( Chapter 11 added by Stats. 2014, Ch. 347, Sec. 19. ) ## 10736.6. (a) The board may order a person that extracts or uses water from a basin that is subject to an investigation or proceeding under this chapter to prepare and submit to the board any technical or monitoring program reports related to that person’s or entity’s extraction or use of water as the board may specify. The costs incurred by the person in the preparation of those reports shall bear a reasonable relationship to the need for the report and the benefit to be obtained from the report. If the preparation of individual reports would result in a duplication of effort, or if the reports are necessary to evaluate the cumulative effect of several diversions or uses of water, the board may order any person subject to this subdivision to pay a reasonable share of the cost of preparing reports. (b) (1) An order issued pursuant to this section shall be served by personal service or registered mail on the party to submit technical or monitoring program reports or to pay a share of the costs of preparing reports. Unless the board issues the order after a hearing, the order shall inform the party of the right to request a hearing within 30 days after the party has been served. If the party does not request a hearing within that 30-day period, the order shall take effect as issued. If the party requests a hearing within that 30-day period, the board may adopt a decision and order after conducting a hearing. (2) In lieu of adopting an order directed at named persons in accordance with the procedures specified in paragraph (1), the board may adopt a regulation applicable to a category or class of persons in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 2 of Title 2 of the Government Code. (c) Upon application of a person or upon its own motion, the board may review and revise an order issued or regulation adopted pursuant to this section in accordance with the procedures set forth in subdivision (b). (d) In conducting an investigation or proceeding pursuant to this part, the board may inspect the property or facilities of a person to ascertain whether the purposes of this part are being met and to ascertain compliance with this part. The board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of an inspection pursuant to this subdivision. (Added by Stats. 2014, Ch. 347, Sec. 19. (AB 1739) Effective January 1, 2015.)
  139. 10737.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 12. Determination of Rights to Groundwater [10737 - 10738] ( Chapter 12 added by Stats. 2015, Ch. 676, Sec. 5. )

    Verify source ↗

    An adjudication action to determine groundwater rights in a basin must follow the Code of Civil Procedure, except as provided in this chapter.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 12. Determination of Rights to Groundwater [10737 - 10738] ( Chapter 12 added by Stats. 2015, Ch. 676, Sec. 5. ) ## 10737. Except as provided in this chapter, an adjudication action to determine rights to groundwater in a basin shall be conducted in accordance with the Code of Civil Procedure, including pursuant to Chapter 7 (commencing with Section 830) of Title 10 of Part 2 of that code. (Added by Stats. 2015, Ch. 676, Sec. 5. (SB 226) Effective January 1, 2016.)
  140. 10737.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 12. Determination of Rights to Groundwater [10737 - 10738] ( Chapter 12 added by Stats. 2015, Ch. 676, Sec. 5. )

    Verify source ↗

    In certain groundwater adjudication actions, the court must manage the case to reduce interference with groundwater sustainability planning and avoid redundant or unnecessary costs.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 12. Determination of Rights to Groundwater [10737 - 10738] ( Chapter 12 added by Stats. 2015, Ch. 676, Sec. 5. ) ## 10737.2. In an adjudication action for a basin required to have a groundwater sustainability plan under this part, the court shall manage the proceedings in a manner that minimizes interference with the timely completion and implementation of a groundwater sustainability plan, avoids redundancy and unnecessary costs in the development of technical information and a physical solution, and is consistent with the attainment of sustainable groundwater management within the timeframes established by this part. (Added by Stats. 2015, Ch. 676, Sec. 5. (SB 226) Effective January 1, 2016.)
  141. 10737.3.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 12. Determination of Rights to Groundwater [10737 - 10738] ( Chapter 12 added by Stats. 2015, Ch. 676, Sec. 5. )

    Verify source ↗

    During a groundwater adjudication, required monitoring and reporting continue, agencies and the board must send reports to the court, parties and other water extractors must follow the applicable plan, and they may not use new or increased groundwater use to support a prescription claim.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 12. Determination of Rights to Groundwater [10737 - 10738] ( Chapter 12 added by Stats. 2015, Ch. 676, Sec. 5. ) ## 10737.3. (a) (1) Unless otherwise ordered by the court, all monitoring and reporting required under all groundwater sustainability plans approved by the department, or submitted to and awaiting approval by the department, for a basin subject to an adjudication, or under any interim plan adopted by the board pursuant to Section 10735.8 for a basin subject to an adjudication, shall continue throughout the duration of the adjudication proceeding. (2) All groundwater sustainability agencies required to submit reports to the department pursuant to Section 10728 regarding a basin subject to adjudication shall submit copies of the reports to the court during the duration of the adjudication proceeding. The court may order more frequent reporting than the reports required pursuant to Section 10728. (3) The board shall submit to the court during the duration of the adjudication proceeding the information it receives from a person required to submit monitoring program reports to the board pursuant to Section 10736.6 regarding a basin subject to adjudication. If, during the proceeding, the board prepares a report regarding the subject basin containing information listed in Section 10728, the board shall submit a copy of that report to the court. (b) (1) Throughout the duration of the adjudication proceeding, a party to the adjudication, and any other person extracting water from the basin, shall comply with the groundwater sustainability plan or plans for the subject basin or the interim plan for the subject basin adopted by the board pursuant to Section 10735.8, except as may be authorized by the court pursuant to Section 847 of the Code of Civil Procedure or other injunctive relief. (2) For purposes of this subdivision, the terms of a groundwater sustainability plan, interim plan, or preliminary injunction shall not determine the rights in a final judgment of the comprehensive adjudication. (c) Throughout the duration of the adjudication proceeding, a party to the adjudication, and any other person extracting water from the basin, shall not use new or increased groundwater use to establish a new claim of prescription during the proceeding. (Added by Stats. 2023, Ch. 665, Sec. 4. (AB 779) Effective January 1, 2024.)
  142. 10737.4.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 12. Determination of Rights to Groundwater [10737 - 10738] ( Chapter 12 added by Stats. 2015, Ch. 676, Sec. 5. )

    Verify source ↗

    This section lets certain stipulated judgments be submitted to the department for evaluation, and says the department’s determination can be reviewed by court.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 12. Determination of Rights to Groundwater [10737 - 10738] ( Chapter 12 added by Stats. 2015, Ch. 676, Sec. 5. ) ## 10737.4. (a) Chapter 11 (commencing with Section 10735) shall not apply to a judgment approved by the court pursuant to Section 850 of the Code of Civil Procedure if both of the following apply: (1) A local agency or a party directed by the court to file the submission submits the judgment to the department for evaluation and assessment pursuant to paragraph (2) of subdivision (b) of Section 10733.6. (2) The department determines that the judgment satisfies the objectives of this part for the basin. (b) A party or group of parties proposing a stipulated judgment pursuant to subdivision (d) of Section 850 of the Code of Civil Procedure may submit the proposed stipulated judgment to the department for evaluation and assessment pursuant to paragraph (2) of subdivision (b) of Section 10733.6. (c) Notwithstanding subdivision (c) of Section 10733.6, a judgment or proposed stipulated judgment pursuant to this section may be submitted to the department after January 1, 2017. (d) A determination of the department on a submission pursuant to this section is subject to judicial review pursuant to Section 1085 of the Code of Civil Procedure. Venue shall be in the court with jurisdiction over the adjudication action and the case shall be coordinated with the adjudication action. (Amended by Stats. 2023, Ch. 665, Sec. 5. (AB 779) Effective January 1, 2024.)
  143. 10737.6.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 12. Determination of Rights to Groundwater [10737 - 10738] ( Chapter 12 added by Stats. 2015, Ch. 676, Sec. 5. )

    Verify source ↗

    If the department finds a judgment meets the part’s objectives, it must send the court its assessments and any recommended corrective actions. The court must then decide, after notice and possibly an evidentiary hearing, whether to amend the judgment to adopt those corrections.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 12. Determination of Rights to Groundwater [10737 - 10738] ( Chapter 12 added by Stats. 2015, Ch. 676, Sec. 5. ) ## 10737.6. If the department determines that a judgment satisfies the objectives of this part in accordance with paragraph (2) of subdivision (a) of Section 10737.4, the department shall submit to the court the assessments and any recommended corrective actions that the department issues pursuant to Section 10733.8. The court, after notice and, if necessary, an evidentiary hearing, shall determine whether to amend the judgment pursuant to Section 852 of the Code of Civil Procedure to adopt the department’s recommended corrective actions. (Added by Stats. 2015, Ch. 676, Sec. 5. (SB 226) Effective January 1, 2016.)
  144. 10737.8.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 12. Determination of Rights to Groundwater [10737 - 10738] ( Chapter 12 added by Stats. 2015, Ch. 676, Sec. 5. )

    Verify source ↗

    A court may not approve entry of judgment in a groundwater adjudication for a basin that must have a groundwater sustainability plan unless the court finds the judgment will not substantially impair compliance with the plan and sustainable groundwater management.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 12. Determination of Rights to Groundwater [10737 - 10738] ( Chapter 12 added by Stats. 2015, Ch. 676, Sec. 5. ) ## 10737.8. In addition to making any findings required by subdivision (a) of Section 850 of the Code of Civil Procedure or any other law, the court shall not approve entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under this part unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part and to achieve sustainable groundwater management. (Added by Stats. 2015, Ch. 676, Sec. 5. (SB 226) Effective January 1, 2016.)
  145. 10737.9.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 12. Determination of Rights to Groundwater [10737 - 10738] ( Chapter 12 added by Stats. 2015, Ch. 676, Sec. 5. )

    Verify source ↗

    A groundwater sustainability agency must hold a public meeting, and a meeting recording or summary must be posted online, when it receives notice that an adjudication has begun in its basin.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 12. Determination of Rights to Groundwater [10737 - 10738] ( Chapter 12 added by Stats. 2015, Ch. 676, Sec. 5. ) ## 10737.9. (a) (1) Upon receiving notice that an adjudication has commenced in its basin, a groundwater sustainability agency shall host a public meeting to explain the adjudication process and the status of the adjudication to water users within the basin and the public. A groundwater sustainability agency may invite the state board or the department to send a representative to the meeting in order to help explain the adjudication process. (2) A recording or summary of the meeting shall be posted to a public internet website hosted by either the groundwater sustainability agency or the watermaster of the basin. (3) For a basin that has multiple groundwater sustainability agencies, the groundwater sustainability agencies may hold a public meeting jointly or individually in furtherance of this subdivision. (b) This section shall only apply to basins in which a comprehensive adjudication has not been commenced by January 1, 2024. (Added by Stats. 2023, Ch. 665, Sec. 6. (AB 779) Effective January 1, 2024.)
  146. 10738.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 12. Determination of Rights to Groundwater [10737 - 10738] ( Chapter 12 added by Stats. 2015, Ch. 676, Sec. 5. )

    Verify source ↗

    Department approval of a groundwater sustainability plan is not a determination or opinion that the plan’s groundwater pumping rights allocation complies with groundwater rights law.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.74. Sustainable Groundwater Management [10720 - 10738] ( Part 2.74 added by Stats. 2014, Ch. 346, Sec. 3. ) ## CHAPTER 12. Determination of Rights to Groundwater [10737 - 10738] ( Chapter 12 added by Stats. 2015, Ch. 676, Sec. 5. ) ## 10738. The approval of a groundwater sustainability plan by the department shall not be construed to be a determination by or otherwise an opinion of the department that the allocation of groundwater pumping rights in the plan are consistent with groundwater rights law. (Added by Stats. 2022, Ch. 682, Sec. 1. (SB 1372) Effective January 1, 2023.)
  147. 1075.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Witnesses and Production of Evidence [1075 - 1106] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Definitions [1075 - 1076] ( Article 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    This section defines “proceeding” for this chapter as an inquiry, investigation, hearing, ascertainment, or other proceeding ordered or undertaken by the board under this code.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Witnesses and Production of Evidence [1075 - 1106] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Definitions [1075 - 1076] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1075. As used in this chapter, “proceeding” means any inquiry, investigation, hearing, ascertainment, or other proceeding ordered or undertaken by the board pursuant to this code. (Amended by Stats. 1969, Ch. 482.)
  148. 10750.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions [10750 - 10750.10] ( Chapter 1 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    The section says groundwater is a valuable resource and states an intent to encourage local agencies to cooperate in managing it within their jurisdictions.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions [10750 - 10750.10] ( Chapter 1 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10750. (a) The Legislature finds and declares that groundwater is a valuable natural resource in California, and should be managed to ensure both its safe production and its quality. It is the intent of the Legislature to encourage local agencies to work cooperatively to manage groundwater resources within their jurisdictions. (b) The Legislature also finds and declares that additional study of groundwater resources is necessary to better understand how to manage groundwater effectively to ensure the safe production, quality, and proper storage of groundwater in this state. (Amended by Stats. 2000, Ch. 708, Sec. 1. Effective January 1, 2001.)
  149. 10750.1.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions [10750 - 10750.10] ( Chapter 1 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    From January 1, 2015, new plans may not be adopted and existing plans may not be renewed under this part, except as stated in subdivision (b).

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions [10750 - 10750.10] ( Chapter 1 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10750.1. (a) Beginning January 1, 2015, a new plan shall not be adopted and an existing plan shall not be renewed pursuant to this part, except as provided in subdivision (b). A plan adopted before January 1, 2015, shall remain in effect until a groundwater sustainability plan is adopted pursuant to Part 2.74 (commencing with Section 10720). (b) This section does not apply to a low- or very low priority basin as categorized for the purposes of Part 2.74 (commencing with Section 10720). (c) This section does not apply to a plan submitted as an alternative pursuant to Section 10733.6, unless the department has not determined that the alternative satisfies the objectives of Part 2.74 (commencing with Section 10720) on or before January 31, 2020, or the department later determines that the plan does not satisfy the objectives of that part. (Added by Stats. 2014, Ch. 346, Sec. 4. (SB 1168) Effective January 1, 2015.)
  150. 10750.10.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions [10750 - 10750.10] ( Chapter 1 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    This part adds to, and does not limit, a local agency’s authority under other laws.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions [10750 - 10750.10] ( Chapter 1 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10750.10. This part is in addition to, and not a limitation on, the authority granted to a local agency pursuant to other provisions of law. (Added by Stats. 1992, Ch. 947, Sec. 2. Effective January 1, 1993.)
  151. 10750.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions [10750 - 10750.10] ( Chapter 1 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    This part applies to all groundwater basins in the state, except portions already managed by a local agency or watermaster under other law or a court order, unless they agree to apply this part.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions [10750 - 10750.10] ( Chapter 1 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10750.2. (a) Subject to subdivision (b), this part applies to all groundwater basins in the state. (b) This part does not apply to any portion of a groundwater basin that is subject to groundwater management by a local agency or a watermaster pursuant to other provisions of law or a court order, judgment, or decree, unless the local agency or watermaster agrees to the application of this part. (Added by Stats. 1992, Ch. 947, Sec. 2. Effective January 1, 1993.)
  152. 10750.4.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions [10750 - 10750.10] ( Chapter 1 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    A local agency overlying a groundwater basin is not required by this part to adopt or implement a groundwater management plan or program.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions [10750 - 10750.10] ( Chapter 1 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10750.4. Nothing in this part requires a local agency overlying a groundwater basin to adopt or implement a groundwater management plan or groundwater management program pursuant to this part. (Added by Stats. 1992, Ch. 947, Sec. 2. Effective January 1, 1993.)
  153. 10750.6.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions [10750 - 10750.10] ( Chapter 1 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    This section says it does not limit a local agency’s or watermaster’s authority to manage groundwater when allowed by other law or a court order.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions [10750 - 10750.10] ( Chapter 1 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10750.6. Nothing in this part affects the authority of a local agency or a watermaster to manage groundwater pursuant to other provisions of law or a court order, judgment, or decree. (Added by Stats. 1992, Ch. 947, Sec. 2. Effective January 1, 1993.)
  154. 10750.7.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions [10750 - 10750.10] ( Chapter 1 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    A local agency may not manage groundwater in another entity’s service area unless that entity agrees.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions [10750 - 10750.10] ( Chapter 1 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10750.7. (a) A local agency may not manage groundwater pursuant to this part within the service area of another local agency, a water corporation regulated by the Public Utilities Commission, or a mutual water company without the agreement of that other entity. (b) This section applies only to groundwater basins that are not critically overdrafted. (Added by Stats. 1992, Ch. 947, Sec. 2. Effective January 1, 1993.)
  155. 10750.8.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions [10750 - 10750.10] ( Chapter 1 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    A local agency may not manage groundwater in another local agency’s service area unless the other entity agrees.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions [10750 - 10750.10] ( Chapter 1 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10750.8. (a) A local agency may not manage groundwater pursuant to this part within the service area of another local agency without the agreement of that other entity. (b) This section applies only to groundwater basins that are critically overdrafted. (Added by Stats. 1992, Ch. 947, Sec. 2. Effective January 1, 1993.)
  156. 10750.9.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions [10750 - 10750.10] ( Chapter 1 added by Stats. 1992, Ch. 947, Sec. 2. )

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    Some local agencies may continue or amend groundwater management ordinance or resolution procedures under specified conditions.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions [10750 - 10750.10] ( Chapter 1 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10750.9. (a) A local agency that commences procedures, prior to January 1, 1993, to adopt an ordinance or resolution to establish a program for the management of groundwater pursuant to Part 2.75 (commencing with Section 10750), as added by Chapter 903 of the Statutes of 1991, may proceed to adopt the ordinance or resolution pursuant to Part 2.75, and the completion of those procedures is deemed to meet the requirements of this part. (b) A local agency that has adopted an ordinance or resolution pursuant to Part 2.75 (commencing with Section 10750), as added by Chapter 903 of the Statutes of 1991, may amend its groundwater management program by ordinance or resolution of the governing body of the local agency to include any of the plan components set forth in Section 10753.7. (Amended by Stats. 1993, Ch. 320, Sec. 1. Effective January 1, 1994.)
  157. 10752.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 2. Definitions [10752- 10752.] ( Chapter 2 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    This section defines key groundwater terms used in this part of the Water Code.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 2. Definitions [10752- 10752.] ( Chapter 2 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10752. Unless the context otherwise requires, the following definitions govern the construction of this part: (a) “Groundwater” means all water beneath the surface of the earth within the zone below the water table in which the soil is completely saturated with water, but does not include water that flows in known and definite channels. (b) “Groundwater basin” means any basin or subbasin identified in the department’s Bulletin No. 118, dated September 1975, and any amendments to that bulletin, but does not include a basin in which the average well yield, excluding domestic wells that supply water to a single-unit dwelling, is less than 100 gallons per minute. (c) “Groundwater extraction facility” means a device or method for the extraction of groundwater within a groundwater basin. (d) “Groundwater management plan” or “plan” means a document that describes the activities intended to be included in a groundwater management program. (e) “Groundwater management program” or “program” means a coordinated and ongoing activity undertaken for the benefit of a groundwater basin, or a portion of a groundwater basin, pursuant to a groundwater management plan adopted pursuant to this part. (f) “Groundwater recharge” means the augmentation of groundwater, by natural or artificial means, with surface water or recycled water. (g) “Local agency” means a local public agency that provides water service to all or a portion of its service area, and includes a joint powers authority formed by local public agencies that provide water service. (h) “Person” has the same meaning as defined in Section 19. (i) “Recharge area” means the area that supplies water to an aquifer in a groundwater basin and includes multiple wellhead protection areas. (j) “Watermaster” means a watermaster appointed by a court or pursuant to other provisions of law. (k) “Wellhead protection area” means the surface and subsurface area surrounding a water well or well field that supplies a public water system through which contaminants are reasonably likely to migrate toward the water well or well field. (Amended by Stats. 2011, Ch. 572, Sec. 1. (AB 359) Effective January 1, 2012.)
  158. 10753.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    Certain local agencies may adopt and implement groundwater management plans in their service area, and some local public agencies may exercise this authority in specified basin areas. A local agency is generally not authorized to manage groundwater planning in another local agency’s service area, except as provided in subdivision (b).

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10753. (a) Any local agency, whose service area includes a groundwater basin, or a portion of a groundwater basin, that is not subject to groundwater management pursuant to other provisions of law or a court order, judgment, or decree, may, by ordinance, or by resolution if the local agency is not authorized to act by ordinance, adopt and implement a groundwater management plan pursuant to this part within all or a portion of its service area. (b) Notwithstanding subdivision (a), a local public agency, other than an agency defined in subdivision (g) of Section 10752, that provides flood control, groundwater management, or groundwater replenishment, or a local agency formed pursuant to this code for the principal purpose of providing water service that has not yet provided that service, may exercise the authority of this part within a groundwater basin that is located within its boundaries within areas that are either of the following: (1) Not served by a local agency. (2) Served by a local agency whose governing body, by a majority vote, declines to exercise the authority of this part and enters into an agreement with the local public agency pursuant to Section 10750.7 or 10750.8. (c) Except as provided in subdivision (b), this chapter does not authorize a local agency to manage groundwater planning within the service area of another local agency. (d) Except as otherwise provided in this part, the process for developing and adopting a revised groundwater management plan shall be the same as the process for developing and adopting a new groundwater management plan. (Amended by Stats. 2012, Ch. 162, Sec. 185. (SB 1171) Effective January 1, 2013.)
  159. 10753.1.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    This section says groundwater management plans do not affect surface water rights or related legal procedures and laws.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10753.1. Nothing in this part, or in any groundwater management plan adopted pursuant to this part, affects surface water rights or the procedures under common law or local groundwater authority, or any provision of law other than this part that determines or grants surface water rights. (Added by Stats. 2002, Ch. 603, Sec. 2. Effective January 1, 2003.)
  160. 10753.10.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. )

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    A local agency must consider how groundwater rules affect business activities, including agricultural operations, and minimize adverse impacts when practicable and consistent with protecting groundwater resources.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10753.10. In adopting rules and regulations pursuant to Section 10753.9, the local agency shall consider the potential impact of those rules and regulations on business activities, including agricultural operations, and to the extent practicable and consistent with the protection of the groundwater resources, minimize any adverse impacts on those business activities. (Added by renumbering Section 10753.9 by Stats. 2002, Ch. 603, Sec. 7. Effective January 1, 2003.)
  161. 10753.11.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. )

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    A local agency that substantially complies with the chapter’s public notice provisions does not have to recirculate the plan for public comment or delay implementation.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10753.11. A plan shall not be considered invalid, and the local agency shall not be required to recirculate the plan for public comment or to delay implementation of the plan, if the local agency substantially complies with the public notice provisions of this chapter. (Added by Stats. 2011, Ch. 572, Sec. 7. (AB 359) Effective January 1, 2012.)
  162. 10753.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. )

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    A local agency must hold a hearing before starting a groundwater management plan process, may then draft a resolution of intention, and must send the department a copy within 30 days plus contact details for the person drafting the plan. The department must post related plan information on its website.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10753.2. (a) Prior to adopting a resolution of intention to draft a groundwater management plan, a local agency shall hold a hearing, after publication of notice pursuant to Section 6066 of the Government Code, on whether or not to adopt a resolution of intention to draft a groundwater management plan pursuant to this part for the purposes of implementing the plan and establishing a groundwater management program. (b) At the conclusion of the hearing, the local agency may draft a resolution of intention to adopt a groundwater management plan pursuant to this part for the purposes of implementing the plan and establishing a groundwater management program. (c) The local agency shall provide to the department a copy of a resolution of intention adopted pursuant to this section within 30 days of the date of adoption. The local agency shall also provide to the department contact information for the person in charge of drafting the groundwater management plan. (d) The department shall post on its Internet Web site information it possesses regarding groundwater management plans being prepared or adopted pursuant to this part, including information provided by local agencies identified pursuant to this section, and monitoring entities identified pursuant to Sections 10928 and 10930. (Amended by Stats. 2011, Ch. 572, Sec. 3. (AB 359) Effective January 1, 2012.)
  163. 10753.3.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    A local agency must publish an adopted resolution of intention after the hearing, and must give a copy to any interested person on written request.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10753.3. (a) After the conclusion of the hearing, and if the local agency adopts a resolution of intention, the local agency shall publish the resolution of intention in the same manner that notice for the hearing held under Section 10753.2 was published. (b) Upon written request, the local agency shall provide any interested person with a copy of the resolution of intention. (Added by Stats. 1992, Ch. 947, Sec. 2. Effective January 1, 1993.)
  164. 10753.4.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    The local agency must prepare a groundwater management plan within two years of adopting the resolution of intention, and it must provide public notice materials and keep an interested-persons list.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10753.4. (a) The local agency shall prepare a groundwater management plan within two years of the date of the adoption of the resolution of intention. (1) If the plan is not adopted within two years, the resolution of intention expires, and a plan shall not be adopted except pursuant to a new resolution of intention adopted in accordance with this chapter. (2) If the plan is not adopted within two years, and the local agency was operating under a previously adopted groundwater management plan, that previous plan shall remain in effect. (b) For the purposes of carrying out this part, the local agency shall make available to the public and the department a written statement describing the manner in which interested parties may participate in developing the groundwater management plan. The local agency may appoint, and consult with, a technical advisory committee consisting of interested parties for the purposes of carrying out this part. (c) The local agency shall establish and maintain a list of persons interested in receiving notices regarding plan preparation, meeting announcements, and availability of draft plans, maps, and other relevant documents. Any person may request, in writing, to be placed on the list of interested persons. (Amended by Stats. 2011, Ch. 572, Sec. 4. (AB 359) Effective January 1, 2012.)
  165. 10753.5.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    After a groundwater management plan is prepared, the local agency must hold a second hearing, give required notice, and consider protests before deciding whether to adopt the plan.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10753.5. (a) After a groundwater management plan is prepared, the local agency shall hold a second hearing to determine whether to adopt the plan. Notice of the hearing shall be given pursuant to Section 6066 of the Government Code. Notice shall also be provided to the department and to all persons on the list established and maintained pursuant to subdivision (c) of Section 10753.4. The notice shall include a summary of the plan and shall state that copies of the plan and any maps that may be prepared pursuant to this part may be obtained for the cost of reproduction at the office of the local agency. (b) At the second hearing, the local agency shall consider protests to the adoption of the plan. At any time prior to the conclusion of the second hearing, any landowner within the local agency may file a written protest or withdraw a protest previously filed. (Amended by Stats. 2011, Ch. 572, Sec. 5. (AB 359) Effective January 1, 2012.)
  166. 10753.6.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    Written protests must be signed by the landowner and identify the land. The local agency secretary must compare protest details with county assessor records. A majority protest can block adoption of a groundwater plan and triggers a one-year pause on reconsideration.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10753.6. (a) A written protest filed by a landowner shall include the landowner’s signature and a description of the land owned sufficient to identify the land. A public agency owning land is deemed to be a landowner for the purpose of making a written protest. (b) The secretary of the local agency shall compare the names and property descriptions on the protest against the property ownership records of the county assessors. (c) (1) A majority protest shall be determined to exist if the governing board of the local agency finds that the protests filed and not withdrawn prior to the conclusion of the second hearing represent more than 50 percent of the assessed value of the land within the local agency subject to groundwater management pursuant to this part. (2) If the local agency determines that a majority protest exists, the groundwater plan may not be adopted and the local agency shall not consider adopting a plan for the area proposed to be included within the program for a period of one year after the date of the second hearing. (3) If a majority protest has not been filed, the local agency, within 35 days after the conclusion of the second hearing, may adopt the groundwater management plan. (Added by Stats. 1992, Ch. 947, Sec. 2. Effective January 1, 1993.)
  167. 10753.7.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    Local agencies seeking certain state groundwater funds must prepare and carry out a groundwater management plan with specified components, maps, monitoring protocols, notice steps, and plan submission requirements.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10753.7. (a) For the purposes of qualifying as a groundwater management plan under this section, a plan shall contain the components that are set forth in this section. In addition to the requirements of a specific funding program, a local agency seeking state funds administered by the department for groundwater projects or groundwater quality projects, including projects that are part of an integrated regional water management program or plan, and excluding programs that are funded under Part 2.78 (commencing with Section 10795), shall do all of the following: (1) Prepare and implement a groundwater management plan that includes basin management objectives for the groundwater basin that is subject to the plan. The plan shall include components relating to the monitoring and management of groundwater levels within the groundwater basin, groundwater quality degradation, inelastic land surface subsidence, changes in surface flow and surface water quality that directly affect groundwater levels or quality or are caused by groundwater pumping in the basin, and a description of how recharge areas identified in the plan substantially contribute to the replenishment of the groundwater basin. (2) For purposes of implementing paragraph (1), the local agency shall prepare a plan to involve other agencies that enables the local agency to work cooperatively with other public entities whose service area or boundary overlies the groundwater basin. (3) For purposes of implementing paragraph (1), the local agency shall prepare a map that details the area of the groundwater basin, as defined in the department’s Bulletin No. 118, and the area of the local agency, that will be subject to the plan, as well as the boundaries of other local agencies that overlie the basin in which the agency is developing a groundwater management plan. (4) (A) Commencing January 1, 2013, for purposes of implementing paragraph (1), the groundwater management plan shall include a map identifying the recharge areas for the groundwater basin. (B) The local agency shall provide the map required pursuant to subparagraph (A) to the appropriate local planning agencies after adoption of the groundwater management plan. (C) Upon submitting a map pursuant to subparagraph (B), the local agency shall notify the department and all persons on the list established and maintained pursuant to subdivision (c) of Section 10753.4. (D) For purposes of this paragraph, “map identifying the recharge areas” means a map that identifies, or maps that identify, the current recharge areas that substantially contribute to the replenishment of the groundwater basin. (5) The local agency shall adopt monitoring protocols that are designed to detect changes in groundwater levels, groundwater quality, inelastic surface subsidence for basins for which subsidence has been identified as a potential problem, and flow and quality of surface water that directly affect groundwater levels or quality or are caused by groundwater pumping in the basin. The monitoring protocols shall be designed to generate information that promotes efficient and effective groundwater management. (6) Local agencies that are located in areas outside the groundwater basins delineated on the latest edition of the department’s groundwater basin and subbasin map shall prepare groundwater management plans incorporating the components in this subdivision, and shall use geologic and hydrologic principles appropriate to those areas. (b) (1) (A) A local agency may receive state funds administered by the department for groundwater projects or for other projects that directly affect groundwater levels or quality if it prepares and implements, participates in, or consents to be subject to, a groundwater management plan, a basinwide management plan, or other integrated regional water management program or plan that meets, or is in the process of meeting, the requirements of subdivision (a). A local agency with an existing groundwater management plan that meets the requirements of subdivision (a), or a local agency that completes an update of its plan to meet the requirements of subdivision (a) within one year of applying for funds, shall be given priority consideration for state funds administered by the department over local agencies that are in the process of developing a groundwater management plan. The department shall withhold funds from the project until the update of the groundwater management plan is complete. (B) Notwithstanding subparagraph (A), a local agency that manages groundwater under any other provision of existing law that meets the requirements of subdivision (a), or that completes an update of its plan to meet the requirements of subdivision (a) within one year of applying for funding, shall be eligible for funding administered by the department. The department shall withhold funds from a project until the update of the groundwater management plan is complete. (C) Notwithstanding subparagraph (A), a local agency that conforms to the requirements of an adjudication of water rights in the groundwater basin is in compliance with subdivision (a). For purposes of this subparagraph, an “adjudication” includes an adjudication under Section 2101, an administrative adjudication, and an adjudication in state or federal court. (D) Subparagraphs (A) and (B) do not apply to proposals for funding under Part 2.78 (commencing with Section 10795), or to funds authorized or appropriated prior to September 1, 2002. (E) A local agency may request state funds to map groundwater recharge areas pursuant to paragraph (4) of subdivision (a) to the extent that the request for state funds is consistent with eligibility requirements that are applicable to the use of the requested funds. (2) Upon the adoption of a groundwater management plan in accordance with this part, the local agency shall submit a copy of the plan to the department, in an electronic format, if practicable, approved by the department. The department shall make available to the public copies of the plan received pursuant to this part. (Amended by Stats. 2011, Ch. 572, Sec. 6. (AB 359) Effective January 1, 2012.)
  168. 10753.8.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    A groundwater management plan may include a range of listed components, such as saline water intrusion control, monitoring, recharge, cleanup projects, and coordination with agencies.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10753.8. A groundwater management plan may include components relating to all of the following: (a) The control of saline water intrusion. (b) Identification and management of wellhead protection areas and recharge areas. (c) Regulation of the migration of contaminated groundwater. (d) The administration of a well abandonment and well destruction program. (e) Mitigation of conditions of overdraft. (f) Replenishment of groundwater extracted by water producers. (g) Monitoring of groundwater levels and storage. (h) Facilitating conjunctive use operations. (i) Identification of well construction policies. (j) The construction and operation by the local agency of groundwater contamination cleanup, recharge, storage, conservation, water recycling, and extraction projects. (k) The development of relationships with state and federal regulatory agencies. (l) The review of land use plans and coordination with land use planning agencies to assess activities which create a reasonable risk of groundwater contamination. (Added by renumbering Section 10753.7 by Stats. 2002, Ch. 603, Sec. 4. Effective January 1, 2003.)
  169. 10753.9.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    A local agency must adopt rules and regulations to implement and enforce a groundwater management plan.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 3. Groundwater Management Plans [10753 - 10753.11] ( Chapter 3 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10753.9. (a) A local agency shall adopt rules and regulations to implement and enforce a groundwater management plan adopted pursuant to this part. (b) Nothing in this part shall be construed as authorizing the local agency to make a binding determination of the water rights of any person or entity. (c) Nothing in this part shall be construed as authorizing the local agency to limit or suspend extractions unless the local agency has determined through study and investigation that groundwater replenishment programs or other alternative sources of water supply have proved insufficient or infeasible to lessen the demand for groundwater. (Added by renumbering Section 10753.8 by Stats. 2002, Ch. 603, Sec. 6. Effective January 1, 2003.)
  170. 10754.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 4. Finances [10754 - 10754.3] ( Chapter 4 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    A local agency that adopts a groundwater management plan gets the authority of a water replenishment district and may fix and collect groundwater management fees and assessments.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 4. Finances [10754 - 10754.3] ( Chapter 4 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10754. For purposes of groundwater management, a local agency that adopts a groundwater management plan pursuant to this part has the authority of a water replenishment district pursuant to Part 4 (commencing with Section 60220) of Division 18 and may fix and collect fees and assessments for groundwater management in accordance with Part 6 (commencing with Section 60300) of Division 18. (Repealed and added by Stats. 1992, Ch. 947, Sec. 2. Effective January 1, 1993.)
  171. 10754.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 4. Finances [10754 - 10754.3] ( Chapter 4 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    A local agency with a groundwater management plan may charge equitable annual fees and assessments for groundwater management, but it may not charge them for groundwater extraction and replacement under a required remediation program or groundwater storage contract.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 4. Finances [10754 - 10754.3] ( Chapter 4 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10754.2. (a) Subject to Section 10754.3, except as specified in subdivision (b), a local agency that adopts a groundwater management plan pursuant to this part, may impose equitable annual fees and assessments for groundwater management based on the amount of groundwater extracted from the groundwater basin within the area included in the groundwater management plan to pay for costs incurred by the local agency for groundwater management, including, but not limited to, the costs associated with the acquisition of replenishment water, administrative and operating costs, and costs of construction of capital facilities necessary to implement the groundwater management plan. (b) The local agency may not impose fees or assessments on the extraction and replacement of groundwater pursuant to a groundwater remediation program required by other provisions of law or a groundwater storage contract with the local agency. (Amended by Stats. 1993, Ch. 320, Sec. 4. Effective January 1, 1994.)
  172. 10754.3.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 4. Finances [10754 - 10754.3] ( Chapter 4 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    A local agency must hold an election before it can levy certain groundwater management assessments or collect related fees, and the election must be limited to the part of the agency’s jurisdiction subject to groundwater management.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 4. Finances [10754 - 10754.3] ( Chapter 4 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10754.3. Before a local agency may levy a water management assessment pursuant to Section 10754.2 or otherwise fix and collect fees for the replenishment or extraction of groundwater pursuant to this part, the local agency shall hold an election on the proposition of whether or not the local agency shall be authorized to levy a groundwater management assessment or fix and collect fees for the replenishment or extraction of groundwater. The local agency shall be so authorized if a majority of the votes cast at the election is in favor of the proposition. The election shall be conducted in the manner prescribed by the laws applicable to the local agency or, if there are no laws so applicable, then as prescribed by laws relating to local elections. The election shall be conducted only within the portion of the jurisdiction of the local agency subject to groundwater management pursuant to this part. (Added by Stats. 1992, Ch. 947, Sec. 2. Effective January 1, 1993.)
  173. 10755.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 5. Miscellaneous [10755 - 10755.4] ( Chapter 5 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    When a local agency annexes land covered by a groundwater management plan, it must follow that plan for the annexed property.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 5. Miscellaneous [10755 - 10755.4] ( Chapter 5 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10755. (a) If a local agency annexes land subject to a groundwater management plan adopted pursuant to this part, the local agency annexing the land shall comply with the groundwater management plan for the annexed property. (b) If a local agency subject to a groundwater management plan adopted pursuant to this part annexes land not subject to a groundwater management plan adopted pursuant to this part at the time of annexation, the annexed territory shall be subject to the groundwater management plan of the local agency annexing the land. (Repealed and added by Stats. 1992, Ch. 947, Sec. 2. Effective January 1, 1993.)
  174. 10755.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 5. Miscellaneous [10755 - 10755.4] ( Chapter 5 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    This section encourages local agencies in the same groundwater basin to adopt and implement a coordinated groundwater management plan, and allows them to use agreements to do so.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 5. Miscellaneous [10755 - 10755.4] ( Chapter 5 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10755.2. (a) It is the intent of the Legislature to encourage local agencies, within the same groundwater basin, that are authorized to adopt groundwater management plans pursuant to this part, to adopt and implement a coordinated groundwater management plan. (b) For the purpose of adopting and implementing a coordinated groundwater management program pursuant to this part, a local agency may enter into a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code with public agencies, or a memorandum of understanding with public or private entities providing water service. (c) A local agency may enter into agreements with public entities or private parties for the purpose of implementing a coordinated groundwater management plan. (Amended by Stats. 1993, Ch. 320, Sec. 5. Effective January 1, 1994.)
  175. 10755.3.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 5. Miscellaneous [10755 - 10755.4] ( Chapter 5 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    Certain local agencies, cities, and counties in the same groundwater basin must meet at least once a year to coordinate groundwater programs.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 5. Miscellaneous [10755 - 10755.4] ( Chapter 5 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10755.3. Local agencies within the same groundwater basin that conduct groundwater management programs within that basin pursuant to this part, and cities and counties that either manage groundwater pursuant to this part or have ordinances relating to groundwater within that basin, shall, at least annually, meet to coordinate those programs. (Amended by Stats. 1995, Ch. 833, Sec. 2. Effective January 1, 1996.)
  176. 10755.4.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 5. Miscellaneous [10755 - 10755.4] ( Chapter 5 added by Stats. 1992, Ch. 947, Sec. 2. )

    Verify source ↗

    Groundwater management plan requirements do not apply to certain domestic groundwater extraction for a single-unit residence, except in specified overdraft basins.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.75. GROUNDWATER MANAGEMENT [10750 - 10755.4] ( Part 2.75 repealed and added by Stats. 1992, Ch. 947, Sec. 2. ) ## CHAPTER 5. Miscellaneous [10755 - 10755.4] ( Chapter 5 added by Stats. 1992, Ch. 947, Sec. 2. ) ## 10755.4. Except in those groundwater basins that are subject to critical conditions of groundwater overdraft, as identified in the department’s Bulletin 118–80, revised on December 24, 1982, the requirements of a groundwater management plan that is implemented pursuant to this part do not apply to the extraction of groundwater by means of a groundwater extraction facility that is used to provide water for domestic purposes to a single-unit residence and, if applicable, any dwelling unit authorized to be constructed pursuant to Section 65852.1 or Article 2 (commencing with Section 66314) of Chapter 13 of Division 1 of Title 7 of the Government Code. (Amended by Stats. 2024, Ch. 7, Sec. 32. (SB 477) Effective March 25, 2024.)
  177. 1076.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Witnesses and Production of Evidence [1075 - 1106] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Definitions [1075 - 1076] ( Article 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    In this chapter, “evidence” means any paper, book, map, account, or document.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Witnesses and Production of Evidence [1075 - 1106] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Definitions [1075 - 1076] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1076. As used in this chapter, “evidence” means any paper, book, map, account, or document. (Enacted by Stats. 1943, Ch. 368.)
  178. 10780.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.76. GROUNDWATER QUALITY MONITORING [10780 - 10783] ( Part 2.76 added by Stats. 2001, Ch. 522, Sec. 2. )

    Verify source ↗

    This part may be cited as the Groundwater Quality Monitoring Act of 2001.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.76. GROUNDWATER QUALITY MONITORING [10780 - 10783] ( Part 2.76 added by Stats. 2001, Ch. 522, Sec. 2. ) ## 10780. This part shall be known and may be cited as the Groundwater Quality Monitoring Act of 2001. (Added by Stats. 2001, Ch. 522, Sec. 2. Effective January 1, 2002.)
  179. 10781.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.76. GROUNDWATER QUALITY MONITORING [10780 - 10783] ( Part 2.76 added by Stats. 2001, Ch. 522, Sec. 2. )

    Verify source ↗

    The state board must build and improve a comprehensive groundwater monitoring program and set up an interagency task force and advisory committee to support it.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.76. GROUNDWATER QUALITY MONITORING [10780 - 10783] ( Part 2.76 added by Stats. 2001, Ch. 522, Sec. 2. ) ## 10781. In order to improve comprehensive groundwater monitoring and increase the availability to the public of information about groundwater contamination, the state board, in consultation with other responsible agencies, as specified in this section, shall do all of the following: (a) Integrate existing monitoring programs and design new program elements as necessary to establish a comprehensive monitoring program capable of assessing each groundwater basin in the state through direct and other statistically reliable sampling approaches. The interagency task force established pursuant to subdivision (b) shall determine the constituents to be included in the monitoring program. In designing the comprehensive monitoring program, the state board, among other things, shall integrate projects established in response to the Supplemental Report of the 1999 Budget Act, strive to take advantage of and incorporate existing data whenever possible, and prioritize groundwater basins that supply drinking water. (b) (1) Create an interagency task force for all of the following purposes: (A) Identifying actions necessary to establish the monitoring program. (B) Identifying measures to increase coordination among state and federal agencies that collect information regarding groundwater contamination in the state. (C) Designing a database capable of supporting the monitoring program that is compatible with the state board’s geotracker database. (D) Assessing the scope and nature of necessary monitoring enhancements. (E) Identifying the cost of any recommended measures. (F) Identifying the means by which to make monitoring information available to the public. (2) The interagency task force shall consist of a representative of each of the following entities: (A) The state board. (B) The department. (C) The State Department of Health Services. (D) The Department of Pesticide Regulation. (E) The Department of Toxic Substances Control. (F) The Department of Food and Agriculture. (c) Convene an advisory committee to the interagency task force, with a membership that includes all of the following: (1) Two representatives of appropriate federal agencies, if those agencies wish to participate. (2) Two representatives of public water systems, one of which shall be a representative of a retail water supplier. (3) Two representatives of environmental organizations. (4) Two representatives of the business community. (5) One representative of a local agency that is currently implementing a plan pursuant to Part 2.75 (commencing with Section 10750). (6) Two representatives of agriculture. (7) Two representatives from groundwater management entities. (d) (1) The members of the advisory committee may receive a per diem allowance for each day’s attendance at a meeting of the advisory committee. (2) The members of the advisory committee may be reimbursed for actual and necessary travel expenses incurred in connection with their official duties. (Added by Stats. 2001, Ch. 522, Sec. 2. Effective January 1, 2002.)
  180. 10782.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.76. GROUNDWATER QUALITY MONITORING [10780 - 10783] ( Part 2.76 added by Stats. 2001, Ch. 522, Sec. 2. )

    Verify source ↗

    The state board must make groundwater-monitoring recommendations, submit a report to the Legislature, and allow public comment on that report.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.76. GROUNDWATER QUALITY MONITORING [10780 - 10783] ( Part 2.76 added by Stats. 2001, Ch. 522, Sec. 2. ) ## 10782. (a) On or before June 1, 2009, the state board shall do both of the following: (1) Identify and recommend to the Legislature funding options to extend, until January 1, 2024, the comprehensive monitoring program established in accordance with Section 10781. (2) Make recommendations to enhance the public accessibility of information on groundwater conditions. (b) On or before January 1, 2012, the state board, in consultation with the State Department of Public Health, the Department of Water Resources, the Department of Pesticide Regulation, the Office of Environmental Health Hazard Assessment, and any other agencies as appropriate, shall submit to the Legislature a report that does all of the following: (1) Identifies communities that rely on contaminated groundwater as a primary source of drinking water. (2) Identifies in the groundwater sources for the communities described in paragraph (1) the principal contaminants and other constituents of concern, as identified by the state board, affecting that groundwater and contamination levels. (3) Identifies potential solutions and funding sources to clean up or treat groundwater or to provide alternative water supplies to ensure the provision of safe drinking water to communities identified in paragraph (1). (c) The state board shall provide an opportunity for public comment on the report required pursuant to subdivision (b), prior to finalizing the report and submitting it to the Legislature. (Added by Stats. 2008, Ch. 670, Sec. 1. Effective January 1, 2009.)
  181. 10782.3.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.76. GROUNDWATER QUALITY MONITORING [10780 - 10783] ( Part 2.76 added by Stats. 2001, Ch. 522, Sec. 2. )

    Verify source ↗

    The state board must use existing resources to carry out this part, and this program may not replace another program the state board is required to run.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.76. GROUNDWATER QUALITY MONITORING [10780 - 10783] ( Part 2.76 added by Stats. 2001, Ch. 522, Sec. 2. ) ## 10782.3. The state board shall use existing resources to carry out this part, and the operation of the program set forth in this part shall not supplant the operation of any other program required to be undertaken by the state board. (Added by Stats. 2001, Ch. 522, Sec. 2. Effective January 1, 2002.)
  182. 10783.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.76. GROUNDWATER QUALITY MONITORING [10780 - 10783] ( Part 2.76 added by Stats. 2001, Ch. 522, Sec. 2. )

    Verify source ↗

    The state board must create groundwater monitoring criteria, begin regional monitoring by January 1, 2016, and handle related data reporting and review requirements.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.76. GROUNDWATER QUALITY MONITORING [10780 - 10783] ( Part 2.76 added by Stats. 2001, Ch. 522, Sec. 2. ) ## 10783. (a) The Legislature finds and declares that protecting the state’s groundwater for beneficial use, particularly sources and potential sources of drinking water, is of paramount concern. (b) The Legislature further finds and declares that strategic, scientifically based groundwater monitoring of the state’s oil and gas fields is critical to allaying the public’s concerns regarding well stimulation treatments of oil and gas wells. (c) On or before July 1, 2015, in order to assess the potential effects of well stimulation treatments, as defined in Article 3 (commencing with Section 3150) of Chapter 1 of Division 3 of the Public Resources Code, on the state’s groundwater resources in a systematic way, the state board shall develop model groundwater monitoring criteria, to be implemented either on a well-by-well basis for a well subject to well stimulation treatment or on a regional scale. The model criteria shall address a range of spatial sampling scales from methods for conducting appropriate monitoring on individual oil and gas wells subject to a well stimulation treatment, to methods for conducting a regional groundwater monitoring program. The state board shall take into consideration the recommendations received pursuant to subdivision (d) and shall include in the model criteria, at a minimum, the components identified in subdivision (f). The state board shall prioritize monitoring of groundwater that is or has the potential to be a source of drinking water, but shall protect all waters designated for any beneficial use. (d) The state board, in consultation with the Department of Conservation, Geologic Energy Management Division, shall seek the advice of experts on the design of the model groundwater monitoring criteria. The experts shall assess and make recommendations to the state board on the model criteria. These recommendations shall prioritize implementation of regional groundwater monitoring programs statewide, as warranted, based upon the prevalence of well stimulation treatments of oil and gas wells and groundwater suitable as a source of drinking water. (e) The state board shall also seek the advice of stakeholders representing the diverse interests of the oil- and gas-producing areas of the state. The stakeholders shall include the oil and gas industry, agriculture, environmental justice, and local government, among others, with regional representation commensurate with the intensity of oil and gas development in that area. The stakeholders shall also make recommendations to the state board regarding the development and implementation of groundwater monitoring criteria, including priority locations for implementation. (f) The scope and nature of the model groundwater monitoring criteria shall include the determination of all of the following: (1) An assessment of the areas to conduct groundwater quality monitoring and their appropriate boundaries. (2) A list of the constituents to measure and assess water quality. (3) The location, depth, and number of monitoring wells necessary to detect groundwater contamination at spatial scales ranging from an individual oil and gas well to a regional groundwater basin including one or more oil and gas fields. (4) The frequency and duration of the monitoring. (5) A threshold criteria indicating a transition from well-by-well monitoring to a regional monitoring program. (6) Data collection and reporting protocols. (7) Public access to the collected data under paragraph (6). (g) Factors to consider in addressing subdivision (f) shall include, but are not limited to, all of the following: (1) The existing quality and existing and potential use of the groundwater. (2) Groundwater that is not a source of drinking water consistent with the United States Environmental Protection Agency’s definition of an Underground Source of Drinking Water as containing less than 10,000 milligrams per liter total dissolved solids in groundwater (40 C.F.R. 144.3), including exempt aquifers pursuant to Section 146.4 of Title 40 of the Code of Federal Regulations. (3) Proximity to human population, public water service wells, and private groundwater use, if known. (4) The presence of existing oil and gas production fields, including the distribution, physical attributes, and operational status of oil and gas wells therein. (5) Events, including well stimulation treatments and oil and gas well failures, among others, that have the potential to contaminate groundwater, appropriate monitoring to evaluate whether groundwater contamination can be attributable to a particular event, and any monitoring changes necessary if groundwater contamination is observed. (h) (1) On or before January 1, 2016, the state board or appropriate regional board shall begin implementation of the regional groundwater monitoring programs based upon the model criteria developed under subdivision (c). (2) In the absence of state implementation of a regional groundwater monitoring program, a well owner or operator may develop and implement an area-specific groundwater monitoring program, for the purpose of subparagraph (D) of paragraph (3) of subdivision (d) of Section 3160 of the Public Resources Code, based upon the model criteria developed under subdivision (c), subject to approval by the state or regional board, and that meets the requirements of this section. (i) The model criteria for either a well-by-well basis for a well subject to well stimulation treatment, or for a regional groundwater monitoring program, shall be used to satisfy the permitting requirements for well stimulation treatments on oil and gas wells pursuant to Section 3160 of the Public Resources Code. The model criteria used on a well-by-well basis for a well subject to a well stimulation treatment shall be used where no regional groundwater monitoring plan approved by the state or regional board, if applicable, exists and has been implemented by either the state or regional board or the well owner or operator. (j) The model criteria shall accommodate monitoring where surface access is limited. Monitoring is not required for oil and gas wells where the wells do not penetrate groundwater of beneficial use, as determined by a regional water quality control board, or solely penetrate exempt aquifers pursuant to Section 146.4 of Title 40 of the Code of Federal Regulations. (k) (1) The model criteria and groundwater monitoring programs shall be reviewed and updated periodically, as needed. (2) The use of the United States Environmental Protection Agency’s definition of an Underground Source of Drinking Water as containing less than 10,000 milligrams per liter total dissolved solids in groundwater (40 C.F.R. 144.3) and whether exempt aquifers pursuant to Section 146.4 of Title 40 of the Code of Federal Regulations shall be subject to groundwater monitoring shall be reviewed by the state board through a public process on or before January 1, 2020. (l) (1) All groundwater quality data collected pursuant to subparagraph (F) of paragraph (1) of subdivision (d) of Section 3160 of the Public Resources Code shall be submitted to the state board in an electronic format that is compatible with the state board’s GeoTracker database, following the guidelines detailed in Chapter 30 (commencing with Section 3890) of Division 3 of Title 23 of the California Code of Regulations. (2) A copy of the reported data under paragraph (1) shall be transferred by the state board to a public, nonprofit doctoral-degree-granting educational institution located in the San Joaquin Valley, administered pursuant to Section 9 of Article IX of the California Constitution, in order to form the basis of a comprehensive groundwater quality data repository to promote research, foster interinstitutional collaboration, and seek understanding of the numerous factors influencing the state’s groundwater. (m) The adoption of criteria required pursuant to this section is exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of criteria pursuant to this section shall instead be accomplished by means of a public process reasonably calculated to give those persons interested in their adoption an opportunity to be heard. (Amended by Stats. 2019, Ch. 771, Sec. 23. (AB 1057) Effective January 1, 2020.)
  183. 10795.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.78. LOCAL GROUNDWATER MANAGEMENT ASSISTANCE ACT OF 2000 [10795 - 10795.20] ( Part 2.78 added by Stats. 2000, Ch. 708, Sec. 2. )

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    This part is named the Local Groundwater Management Assistance Act of 2000 and may be cited by that name.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.78. LOCAL GROUNDWATER MANAGEMENT ASSISTANCE ACT OF 2000 [10795 - 10795.20] ( Part 2.78 added by Stats. 2000, Ch. 708, Sec. 2. ) ## 10795. This part shall be known and may be cited as the Local Groundwater Management Assistance Act of 2000. (Added by Stats. 2000, Ch. 708, Sec. 2. Effective January 1, 2001.)
  184. 10795.10.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.78. LOCAL GROUNDWATER MANAGEMENT ASSISTANCE ACT OF 2000 [10795 - 10795.20] ( Part 2.78 added by Stats. 2000, Ch. 708, Sec. 2. )

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    Grant applications under this part must be submitted to the department in the form and with the supporting materials the department prescribes.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.78. LOCAL GROUNDWATER MANAGEMENT ASSISTANCE ACT OF 2000 [10795 - 10795.20] ( Part 2.78 added by Stats. 2000, Ch. 708, Sec. 2. ) ## 10795.10. An application for a grant under this part shall be made to the department in the form and with the supporting materials prescribed by the department. (Added by Stats. 2000, Ch. 708, Sec. 2. Effective January 1, 2001.)
  185. 10795.12.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.78. LOCAL GROUNDWATER MANAGEMENT ASSISTANCE ACT OF 2000 [10795 - 10795.20] ( Part 2.78 added by Stats. 2000, Ch. 708, Sec. 2. )

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    A Technical Advisory Panel must review grant applications and may attach conditions to a funding recommendation.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.78. LOCAL GROUNDWATER MANAGEMENT ASSISTANCE ACT OF 2000 [10795 - 10795.20] ( Part 2.78 added by Stats. 2000, Ch. 708, Sec. 2. ) ## 10795.12. (a) A Technical Advisory Panel shall review applications for grants based on criteria developed by the panel. (b) The Technical Advisory Panel shall review applications and indicate whether, in its opinion, an application should be given priority pursuant to subdivisions (a) and (b) of Section 10795.6, and may place conditions on its recommendation for the funding of a specific project. These conditions may include requirements for additional clarification or further explanation of certain aspects of the project. (Added by Stats. 2000, Ch. 708, Sec. 2. Effective January 1, 2001.)
  186. 10795.14.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.78. LOCAL GROUNDWATER MANAGEMENT ASSISTANCE ACT OF 2000 [10795 - 10795.20] ( Part 2.78 added by Stats. 2000, Ch. 708, Sec. 2. )

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    The Technical Advisory Panel must be made up of people appointed by the Secretary of the Resources Agency, and panelists must have groundwater experience or knowledge.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.78. LOCAL GROUNDWATER MANAGEMENT ASSISTANCE ACT OF 2000 [10795 - 10795.20] ( Part 2.78 added by Stats. 2000, Ch. 708, Sec. 2. ) ## 10795.14. (a) The Technical Advisory Panel shall be comprised of individuals appointed by the Secretary of the Resources Agency. (b) (1) Panelists shall have background experience, or general knowledge, in the area of groundwater resources. (2) Panelists shall include all of the following: (A) At least three individuals who currently serve on the board of directors of a local public agency that has adopted a groundwater management plan. (B) A licensed civil engineer. (C) A licensed geologist. (D) A licensed hydrogeologist. (E) At least one individual representing each of the hydrologic study areas shown in Figure 3 of the department’s Bulletin 118-80, entitled “Ground Water Basins in California: A Report to the Legislature in Response to Water Code Section 12924.” (c) The number of individuals serving on the Technical Advisory Panel shall be determined by the Secretary of the Resources Agency. (Added by Stats. 2000, Ch. 708, Sec. 2. Effective January 1, 2001.)
  187. 10795.16.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.78. LOCAL GROUNDWATER MANAGEMENT ASSISTANCE ACT OF 2000 [10795 - 10795.20] ( Part 2.78 added by Stats. 2000, Ch. 708, Sec. 2. )

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    The Technical Advisory Panel must disclose certain conflicts and a panel member with that conflict must not review the related grant application. Panelists must also meet residency, interest, and employment restrictions.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.78. LOCAL GROUNDWATER MANAGEMENT ASSISTANCE ACT OF 2000 [10795 - 10795.20] ( Part 2.78 added by Stats. 2000, Ch. 708, Sec. 2. ) ## 10795.16. (a) If a member of the Technical Advisory Panel, or a member of his or her immediate family, is employed by a grant applicant , the employer of a grant applicant, or a consultant or independent contractor employed by a grant applicant, the panel member shall make that disclosure to the other members of the panel and shall not participate in the review of the grant application of that applicant. (b) The Technical Advisory Panel shall operate on principles of collaboration. Panelists shall be appointed who are committed to working together with other interests for the long-term benefit of California groundwater resources and the people who rely on those resources. (c) Panelists shall be residents of the state and have an interest in the preservation, protection, and enhancement of the state’s groundwater resources. (d) Panelists shall not be employees of any state or federal agency. (Added by Stats. 2000, Ch. 708, Sec. 2. Effective January 1, 2001.)
  188. 10795.19.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.78. LOCAL GROUNDWATER MANAGEMENT ASSISTANCE ACT OF 2000 [10795 - 10795.20] ( Part 2.78 added by Stats. 2000, Ch. 708, Sec. 2. )

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    A local public agency that receives a grant under this part must send the department copies of all data collected under the grant.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.78. LOCAL GROUNDWATER MANAGEMENT ASSISTANCE ACT OF 2000 [10795 - 10795.20] ( Part 2.78 added by Stats. 2000, Ch. 708, Sec. 2. ) ## 10795.19. A local public agency receiving a grant under this part shall submit to the department copies of all data collected pursuant to the grant. (Added by Stats. 2000, Ch. 708, Sec. 2. Effective January 1, 2001.)
  189. 10795.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.78. LOCAL GROUNDWATER MANAGEMENT ASSISTANCE ACT OF 2000 [10795 - 10795.20] ( Part 2.78 added by Stats. 2000, Ch. 708, Sec. 2. )

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    The Local Groundwater Assistance Fund is created, and the department must administer it.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.78. LOCAL GROUNDWATER MANAGEMENT ASSISTANCE ACT OF 2000 [10795 - 10795.20] ( Part 2.78 added by Stats. 2000, Ch. 708, Sec. 2. ) ## 10795.2. There is hereby created the Local Groundwater Assistance Fund which shall be administered by the department. (Added by Stats. 2000, Ch. 708, Sec. 2. Effective January 1, 2001.)
  190. 10795.20.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.78. LOCAL GROUNDWATER MANAGEMENT ASSISTANCE ACT OF 2000 [10795 - 10795.20] ( Part 2.78 added by Stats. 2000, Ch. 708, Sec. 2. )

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    Federal funds may be used for the purposes of this part.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.78. LOCAL GROUNDWATER MANAGEMENT ASSISTANCE ACT OF 2000 [10795 - 10795.20] ( Part 2.78 added by Stats. 2000, Ch. 708, Sec. 2. ) ## 10795.20. Federal funds may be used for the purposes of this part. (Added by Stats. 2000, Ch. 708, Sec. 2. Effective January 1, 2001.)
  191. 10795.4.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.78. LOCAL GROUNDWATER MANAGEMENT ASSISTANCE ACT OF 2000 [10795 - 10795.20] ( Part 2.78 added by Stats. 2000, Ch. 708, Sec. 2. )

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    If the Legislature appropriates money, the department may use fund money to award grants to local public agencies for groundwater studies and groundwater monitoring and management activities.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.78. LOCAL GROUNDWATER MANAGEMENT ASSISTANCE ACT OF 2000 [10795 - 10795.20] ( Part 2.78 added by Stats. 2000, Ch. 708, Sec. 2. ) ## 10795.4. Upon appropriation by the Legislature, the money in the fund may be used by the department to assist local public agencies by awarding grants to those agencies to conduct groundwater studies or to carry out groundwater monitoring and management activities in accordance with Part 2.75 (commencing with Section 10750) or other authority pursuant to which local public agencies manage groundwater resources, or both, including the development of groundwater management plans, as provided for in subdivision (a) of Section 10753.7. (Amended by Stats. 2002, Ch. 603, Sec. 8. Effective January 1, 2003.)
  192. 10795.6.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.78. LOCAL GROUNDWATER MANAGEMENT ASSISTANCE ACT OF 2000 [10795 - 10795.20] ( Part 2.78 added by Stats. 2000, Ch. 708, Sec. 2. )

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    When making grants under this part, the department must follow the Technical Advisory Panel’s recommendations and allocate fund money in a geographically balanced way across eligible regions.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.78. LOCAL GROUNDWATER MANAGEMENT ASSISTANCE ACT OF 2000 [10795 - 10795.20] ( Part 2.78 added by Stats. 2000, Ch. 708, Sec. 2. ) ## 10795.6. The department, in making grants pursuant to this part, shall do both of the following: (a) Award grants based on the recommendations submitted by the Technical Advisory Panel. The panel shall give priority to a local public agency that has adopted a groundwater management plan and submitted an application that demonstrates collaboration by that local public agency with other local public agencies with regard to the management of the affected groundwater basin. (b) Ensure that the money in the fund is allocated in a geographically balanced manner among the regions of the state that are capable of, and interested in, implementing groundwater management programs. (Added by Stats. 2000, Ch. 708, Sec. 2. Effective January 1, 2001.)
  193. 10795.8.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.78. LOCAL GROUNDWATER MANAGEMENT ASSISTANCE ACT OF 2000 [10795 - 10795.20] ( Part 2.78 added by Stats. 2000, Ch. 708, Sec. 2. )

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    The department may enter contracts and adopt regulations to carry out this part, but regulation-making is subject to the advice and review of the Technical Advisory Panel.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.78. LOCAL GROUNDWATER MANAGEMENT ASSISTANCE ACT OF 2000 [10795 - 10795.20] ( Part 2.78 added by Stats. 2000, Ch. 708, Sec. 2. ) ## 10795.8. The department may enter into contracts and may adopt regulations subject to the advice and review of the Technical Advisory Panel, to carry out this part. Any grant contract entered into pursuant to this part may include provisions that the department determines are necessary. (Added by Stats. 2000, Ch. 708, Sec. 2. Effective January 1, 2001.)
  194. 108.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

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    The State policy is to consider all water uses, including where the water originates, when planning water projects; and when the Legislature authorizes an export project, it must also consider related works needed for the watershed’s reasonable future water needs.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 108. It is hereby declared to be the established policy of this State that in the development and completion of any general or co-ordinated plan prepared and published by the Department of Water Resources or any predecessor thereof or successor thereto, all uses, including needs of the area in which the water originates, of water shall be given consideration. Whenever the Legislature authorizes the construction or acquisition by the State of any project which will develop water for use outside the watershed in which it originates, the Legislature shall at the same time consider the authorization and the construction or acquisition of such other works as may be necessary to develop water to satisfy such of the reasonable ultimate requirements of such watershed as may be needed at the time the export project is authorized or as will be needed within a reasonable time thereafter. The authorization with respect to such additional works may provide for state acquisition or construction, in whole or in part, of any such additional works, or financial assistance to other entities in connection with the acquisition or construction of such works, or a combination thereof. (Added by Stats. 1959, Ch. 2063.)
  195. 108.5.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

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    California declares source watersheds part of the state’s water infrastructure and says maintenance and repair of those watersheds can qualify for the same financing forms as other water collection and treatment infrastructure.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 108.5. (a) It is hereby declared to be the established policy of the state that source watersheds are recognized and defined as integral components of California’s water infrastructure. (b) (1) As climate change advances, source watersheds that provide the majority of the state’s drinking and irrigated agricultural water are of particular importance to maintaining the reliability, quantity, timing, and quality of California’s environmental, drinking, and agricultural water supply. (2) Recognizing the critical role of source watersheds in enhancing water supply reliability, the maintenance and repair of source watersheds is eligible for the same forms of financing as other water collection and treatment infrastructure. (3) Nothing in this section is intended to constrain financing for source watersheds supplying local, state, or federal water systems. (4) Nothing in this section is intended to supersede federal eligibility requirements or alter any of the following: (A) Funding criteria or guidelines established for a bond or other measure enacted by the voters. (B) Funding programs related to pollution control, cleanup, or abatement. (C) Funding programs for addressing public health emergencies. (c) Eligible maintenance and repair activities pursuant to this section are limited to the following forest ecosystem restoration and conservation activities: (1) Upland vegetation management to restore the watershed’s productivity and resiliency. (2) Wet and dry meadow restoration. (3) Road removal and repair. (4) Stream channel restoration. (5) Conservation of private forests to preserve watershed integrity through permanent prevention of land use conversion and improved land management, achieved through, and secured with, conservation easements. (6) Other projects with a demonstrated likelihood of increasing conditions for water and snow attraction, retention, and release under changing climate conditions. (Added by Stats. 2016, Ch. 695, Sec. 1. (AB 2480) Effective January 1, 2017.)
  196. 1080.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Witnesses and Production of Evidence [1075 - 1106] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Attendance and Fees [1080 - 1086] ( Article 2 enacted by Stats. 1943, Ch. 368. )

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    The board may administer oaths and issue subpoenas for witnesses and evidence in proceedings anywhere in the State.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Witnesses and Production of Evidence [1075 - 1106] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Attendance and Fees [1080 - 1086] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1080. The board may administer oaths and issue subpenas for the attendance and giving of testimony by witnesses and for the production of evidence in any proceeding in any part of the State. (Amended by Stats. 1957, Ch. 1932.)
  197. 10800.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.8. AGRICULTURAL WATER MANAGEMENT PLANNING [10800 - 10853] ( Repealed and added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Declarations and Policy [10800 - 10802] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. )

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    This section names the part the Agricultural Water Management Planning Act and says it may be cited by that name.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.8. AGRICULTURAL WATER MANAGEMENT PLANNING [10800 - 10853] ( Repealed and added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Declarations and Policy [10800 - 10802] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. ) ## 10800. This part shall be known and may be cited as the Agricultural Water Management Planning Act. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. (SB 7 7x) Effective February 3, 2010.)
  198. 10801.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.8. AGRICULTURAL WATER MANAGEMENT PLANNING [10800 - 10853] ( Repealed and added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Declarations and Policy [10800 - 10802] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    This section states legislative findings about California water use and agricultural water conservation.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.8. AGRICULTURAL WATER MANAGEMENT PLANNING [10800 - 10853] ( Repealed and added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Declarations and Policy [10800 - 10802] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. ) ## 10801. The Legislature finds and declares all of the following: (a) The waters of the state are a limited and renewable resource. (b) The California Constitution requires that water in the state be used in a reasonable and beneficial manner. (c) The efficient use of agricultural water supplies is of great statewide concern. (d) There is a great amount of reuse of delivered water, both inside and outside the water service areas of agricultural water suppliers. (e) Significant noncrop beneficial uses are associated with agricultural water use, including the preservation and enhancement of fish and wildlife resources. (f) Significant opportunities exist in some areas, through improved irrigation water management, to conserve water or to reduce the quantity of highly saline or toxic drainage water. (g) Changes in water management practices should be carefully planned and implemented to minimize adverse effects on other beneficial uses currently being served. (h) Agricultural water suppliers that receive water from the federal Central Valley Project are required by federal law to prepare and implement water conservation plans. (i) Agricultural water users applying for a permit to appropriate water from the board are required to prepare and implement water conservation plans. (Amended by Stats. 2018, Ch. 15, Sec. 9. (AB 1668) Effective January 1, 2019.)
  199. 10802.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.8. AGRICULTURAL WATER MANAGEMENT PLANNING [10800 - 10853] ( Repealed and added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Declarations and Policy [10800 - 10802] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. )

    Verify source ↗

    Agricultural water suppliers must prepare water management plans to improve water-use efficiency.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.8. AGRICULTURAL WATER MANAGEMENT PLANNING [10800 - 10853] ( Repealed and added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. ) ## CHAPTER 1. General Declarations and Policy [10800 - 10802] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. ) ## 10802. The Legislature finds and declares that all of the following are the policies of the state: (a) The efficient use of water shall be pursued actively to protect both the people of the state and the state’s water resources. (b) The efficient use of agricultural water supplies shall be an important criterion in public decisions with regard to water. (c) Agricultural water suppliers shall be required to prepare water management plans to achieve greater efficiency in the use of water. (Amended by Stats. 2018, Ch. 15, Sec. 10. (AB 1668) Effective January 1, 2019.)
  200. 1081.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Witnesses and Production of Evidence [1075 - 1106] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Attendance and Fees [1080 - 1086] ( Article 2 enacted by Stats. 1943, Ch. 368. )

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    A witness ordered by the board must be paid the same attendance fees and mileage as a witness in a civil case, and the party who requested the subpoena must pay those amounts.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Witnesses and Production of Evidence [1075 - 1106] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Attendance and Fees [1080 - 1086] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1081. Each witness who appears by order of the board shall receive for his attendance the same fees and mileage allowed by law to witnesses in civil cases, which shall be paid by the party at whose request the witness is subpenaed. (Amended by Stats. 1957, Ch. 1932.)

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