Environmental Law

CARCD Annual Meeting & Conference
November 13, 2014
PRESENTED BY
Partner
©2014 Best Best & Krieger LLP
Environmental Law

• On September 16, 2014, Gov. Brown signed the
Sustainable Groundwater Management Act (Act).
• Purposes of the Act:
 Statewide management of groundwater;
 Avoid “undesirable results,” e.g., chronic lowering of water levels, reduction in storage capacity, seawater intrusion, degraded water quality, land subsidence, and surface water depletions.
 Provide for the local management of basins; State will step in if locals refuse to act.
Environmental Law

• By January 31, 2015, DWR will establish the initial priority—high, medium, low, or very low—for each groundwater basin in the state.
• Only high and medium priority basins will be subject to sustainable groundwater management mandates.
• Adjudicated basins are exempt.
Environmental Law

Environmental Law

• High and medium priority basins must be governed by GSA’s by
June 30, 2017.
• Local agencies may form GSAs after a public hearing.
• Multiple local agencies can form a single GSA.
 All sustainability agencies must formally coordinate their planning.
 The entire basin must be covered by an agency - no dead zones.
• Counties are the default agency in unmanaged areas, but they may decline that role.
Environmental Law

• GSA must provide annual groundwater reports to
DWR that include elevation data, extraction data, surface water availability for groundwater recharge or in-lieu use, total water use, and changes in groundwater storage.
• GSAs must:
 Consider the interests of all beneficial uses and users of groundwater;
 Establish and maintain a list of persons interested in receiving notices regarding plan preparation, meeting announcements, and availability of draft plans, etc.
Environmental Law

• Adopt rules, regulations, ordinances, and resolutions
• Impose fees and levy groundwater charges
• Require registration of and impose requirements on wells and other groundwater extraction facilities
• Require measurements of every well
• Acquire and dispose of real and personal property, including water rights
Environmental Law

• Transport, reclaim, purify, desalinate, treat, or otherwise manage and control polluted water, wastewater, or other waters for subsequent use
• Validate groundwater sustainability plans;
• Control groundwater extractions by regulating extractions of groundwater pumpers
• Authorize transfers of groundwater extraction within their boundaries
Environmental Law

• DWR will review all GSPs
 Single plan by one agency or multiple agencies,
 Multiple plans by multiple agencies
• GSPs for high and medium priority basins must be adopted by January 31, 2022 or by January
31, 2020 if a basin is subject to critical conditions of overdraft.
Environmental Law

• GSPs plan must include:
 Long-term planning, objectives, and goals to achieve basin sustainability within 20 years;
 Technical information regarding the basin;
 Components for monitoring and management of groundwater levels, groundwater quality degradation, inelastic land surface subsidence, and changes in surface flow and surface water quality that directly affect groundwater levels or quality;
 Mitigation of overdraft;
 Recharge areas and basin replenishment.
Environmental Law

• Local agencies may use an alternative to GSP if:
 A groundwater management plan covers the basin;
 The basin is managed under an adjudication; or
 The basin has operated within sustainable yield for the past 10 years.
• Alternative plans due by January 1, 2017.
• DWR will review alternative plans.
• The State Water Resources Control Board may also impose yearly reporting requirements on local agencies.
Environmental Law

• Being a member of a joint groundwater sustainability agency will:
 Give your RCD a voice in the management of local groundwater basins;
 Raise the profile of your agency; and
 Increase the likelihood of joint projects, including those eligible for state grant funding.
Environmental Law

January 31, 2015 DWR sets initial priority for groundwater basins (§ 10722.4)
January 1, 2016 DWR adopts regulations on criteria for modifying groundwater basin boundaries. (§ 107022.2, subd. (b).)
April 1, 2016
June 1, 2016
First reports due from exempt adjudicated basins (§ 10720.8, subd.
(f).)
DWR adopts regulations for evaluating groundwater sustainability plans and alternatives, for the implementation of groundwater sustainability plans, and for coordination agreements. (§ 10733.2.)
January 1, 2017 Local agency submission for DWR approval of an alternative to a groundwater sustainability plan if the local agency believes the alternative satisfies the objectives of the Act. (§ 10733.6.)
Environmental Law

June 30, 2017
July 1, 2017
A local agency of collection of local agencies elects to be a sustainability agency for a basin. (§ 10735.2, subd. (a)(1).)
If there is an area within a basin that is not within the management area of any groundwater sustainability agency, and the county does not assume responsibility, extractions must be reported to the State
Water Board. (§§ 5202, subd. (a)(2), 10724, subd. (b).)
January 31, 2020 Groundwater sustainability plans required for medium- and highpriority basins that are in critical overdraft. (§§ 10720.7, 10735.2, subd. (a)(2).)
January 31, 2022 Groundwater sustainability plans required for medium- and highpriority basins that are not in critical overdraft. (§§ 10720.7, 10735.2,
20 years after plan adoption subd. (a)(4).)
Groundwater sustainability plans achieve the sustainability goal.
(§ 10727.2, subd. (b).)
Environmental Law

Environmental Law

Partner
Best Best & Krieger LLP
3390 University Avenue
5th Floor
Riverside CA, 92501
Phone: (951) 826-8279
Email: steve.anderson@bbklaw.com
Website: www.bbklaw.com
Environmental Law