SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No:
Author:
Version:
Urgency:
Consultant:
AB 1135
Perea
June 29, 2015
No
Angee Doerr
Hearing Date:
July 14, 2015
Fiscal:
Yes
Subject: Kings River East Groundwater Sustainability Agency Act
BACKGROUND AND EXISTING LAW
Background:
The Sustainable Groundwater Management Act of 2014 (SGMA) provides a framework
for long-term sustainable groundwater management across California. Under the
roadmap laid out by the legislation, local and regional authorities in medium and high
priority groundwater basins are required to form Groundwater Sustainability Agencies
(GSAs) that oversee the preparation and implementation of a local Groundwater
Sustainability Plan (GSP) to meet the sustainability goal of the basin or subbasin to
ensure that it is operated within its sustainable yield, without causing undesirable
results. The Department of Water Resources (DWR) is required to develop and adopt
emergency regulations for evaluating and implementing GSPs to achieve the legislative
intent of the SGMA.
California’s Groundwater, otherwise known as Bulletin 118 – Update 2003, is published
by DWR. Bulletin 118 includes guidance and tools to assist local agencies in effectively
managing groundwater as a sustainable part of their water supplies. It also includes
descriptions of current groundwater management efforts by local water agencies,
required and recommended components of effective groundwater management plans,
and a model ordinance that can be used by local governments. Online technical
descriptions and GIS compatible maps of 515 groundwater basins and subbasins were
part of the effort to publish the Bulletin. The basin/subbasin descriptions include
information about the geology, groundwater quantity and quality, and current
groundwater management practices in the basins.
Existing law:
1) Creates SGMA (Water Code (WAT) Section 10720). SGMA requires all basins
designated as high- or medium-priority basins by DWR, and which are subject to
critical conditions of overdraft, to be managed under a groundwater sustainability
plan or coordinated groundwater sustainability plans by January 31, 2020. In
addition, SGMA requires all other basins designated as high- or medium-priority
basins by DWR to be managed under a groundwater sustainability plan or
coordinated groundwater sustainability plans by January 31, 2022 (WAT Section
10720.7)
2) Specifies that SGMA is designed to provide for the sustainable management of
groundwater basins, while enhancing local management of groundwater consistent
with current Constitutional rights (WAT Section 10720.1).
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3) Allows any local agency or combination of local agencies overlying a groundwater
basin to elect to be a groundwater sustainability agency for that basin (WAT Section
10723(a)).
4) Allows for special act agencies, created by statute to manage groundwater, to act as
the exclusive local agency within their statutory boundary to comply with SGMA
(WAT Section 10723(c)).
5) Specifies that a combination of local agencies may form a groundwater sustainability
agency by using a joint powers agreement (JPA) or a memorandum of agreement
(MOA) or other legal agreement (WAT Section 10723.6).
6) Specifies that a groundwater sustainability plan may be any of the following (WAT
Section 10727):
a) A single plan covering the entire basin developed and implemented by one
groundwater sustainability agency.
b) A single plan covering the entire basin developed and implemented by multiple
groundwater sustainability agencies.
c) Multiple plans implemented by multiple groundwater sustainability agencies and
coordinated pursuant to a single coordination agreement that covers the entire
basin, subject to WAT Section 10727.6.
7) Requires groundwater sustainability agencies pursuing multiple groundwater
sustainability plans within a basin to create a coordination agreement that identifies
specific data and methodologies for determining (WAT Section 10727.6):
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.
8) Defines “basin” as a groundwater basin or subbasin identified and defined in Bulletin
118 or as modified pursuant to Chapter 3 (commencing with Section 10722 (WAT
Section 10721).
9) Defines “groundwater” as 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 (WAT Section 10721).
10) Permits a groundwater sustainability agency to 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 (WAT Section 10730).
11) Requires the state to reimburse local agencies and school districts for certain costs
mandated by the state, and provides statutory provisions with procedures for
completing the reimbursement (Government Code Title 2, Division 4, Part 7).
PROPOSED LAW
This bill:
1) Finds and declares that the creation of the Kings River East Groundwater
Sustainability Agency (agency) is in the best interest of all interests and resource
users within the territory of the agency.
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2) Creates the agency and defines its purpose as groundwater management within the
boundaries of the agency, pursuant to SGMA.
3) Sets the boundaries of the agency as all land within the exterior perimeter of the Alta
Irrigation District, within the Counties of Fresno and Tulare, the Orange Cove
Irrigation District, the Hills Valley Irrigation District, and the Tri-Valley Water District
overlying the San Joaquin Valley Basin Kings Subbasin, as described in DWR’s
Bulletin 118 (updated 2003). [See Comments for general boundaries]
a) Specifies that the specific boundaries of the agency will be established by the
board of supervisors of the Counties of Tulare and Fresno after a noticed public
hearing, and allows the boundaries to be adjusted as necessary, following the
same procedures, if the boundaries of the basin are revised.
4) Provides definitions for all terms used within the bill.
5) Sets a number of general provisions for the agency, including:
a) Defining the governing board as seven voting members, with specific election
rules for each member. The seven members will consist of one member from
each of the following groups:
i) Alta Irrigation District
ii) County of Fresno
iii) County of Tulare
iv) The cities that overly the territory of the agency
v) Water and irrigation districts within the region (Hills Valley and Orange Cove
Irrigation Districts, Tri-Valley Water District)
vi) Utility and Community Services districts that provide drinking water within the
territory of the agency
vii) Agriculture
b) Setting term limits of four years for each member, allowing for multiple terms for
members i-vi, as long as the member remains an eligible official of the member
agency.
c) Providing for compensation of the board members of no more than $100 per day,
and no more than ten days per month.
d) Allowing the board to adopt ordinances for the purposes of regulating,
conserving, managing, and controlling the use and extraction of groundwater
within the territory of the agency.
e) Allowing for the hiring of contractors and consultants.
f) Permitting the agency to enter into a coordination agreement with other local
agencies in order to coordinate groundwater sustainability plans within the basin.
g) Allowing the agency to exclude de minimis extractors, as defined by the board,
from the requirements set forth by the agency.
6) Permits the agency to collect data, conduct studies, and make water management
recommendations necessary to carry out the provisions of the bill.
7) Requires the agency to develop and implement a groundwater sustainability plan
pursuant to WAT Chapter 6 (commencing with Section 10727).
8) Permits the agency to impose fees on groundwater extraction and other regulated
activity in order to fund the cost of the groundwater sustainability plan, pursuant to
WAT Chapter 6 (commencing with Section 10730).
a) Specifies that if the Commission on State Mandates determines this bill results in
costs mandated by the state, reimbursement to local agencies and school
districts for those costs shall be made according to Government Code Title 2,
Division 4, Part 7.
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ARGUMENTS IN SUPPORT
In supporting AB1135, the City of Dinuba writes “it is the intent of all the interested
parties to willingly work cooperatively to solve groundwater issues in our region and to
develop the governance structure that will facilitate implementing a groundwater
sustainability plan.” The Community Water Center states that the current structure of the
agency allows for the “active and meaningful participation of disadvantaged
communities and small rural drinking water systems in the formation of GSAs and the
development of” the local GSP.
ARGUMENTS IN OPPOSITION
Writing in opposition, Kings River Water Association and Kings River Conservation
District state that it is “far too premature to conclude that a new special act agency is
needed to achieve sustainability of groundwater resources within the East Kings area.
Creation of this agency may compromise the interests of other local agencies and key
stakeholders in the area. And it may stymie efforts to develop and implement
groundwater sustainability plans in a timely and holistic fashion as anticipated by
SGMA.”
COMMENTS
Why is a special act necessary? The Kings River East Groundwater Sustainability
Agency will be formed via a special act, rather than through a JPA or MOU. While
special act agencies exist for a variety of reasons, they are not explicitly addressed as a
method for creating a groundwater sustainability agency in SGMA. In this case, the
agency believes that a special act is necessary in order to provide an increased level of
flexibility and certainty with the agency’s governance structure. In this case, creating the
agency via special act enables the governance board to include a production agriculture
representative as an allotted board member.
Is there precedent for a special act groundwater management agency? The Fox
Canyon Groundwater Management Agency (FCGMA) was created by the legislature in
1982 (Chapter 1023 of the Statutes of 1982). This special act created FCGMA, and
designated the administration and the governmental powers. Unlike Kings River East,
which will have seven board members, FCGMA has a five member governing board;
however, it also includes a board member that represents production agriculture. This
bill has been closely modeled after the FCGMA Act.
Exemptions for special act agencies. Current statute (WAT Section 10723(c)(1)) allows
for certain agencies, created by statute to manage groundwater, to act as the exclusive
local GSA within their respective statutory boundaries. Amendment 1 is suggested to
add Kings River East Groundwater Sustainability Agency to this list.
Double-Referral. The Rules Committee referred this bill to both the Committee on
Natural Resources and Water and to the Committee on Governance and Finance.
Therefore, if this bill passes this committee, it will be referred to the Committee on
Governance and Finance, which will consider the issues within their jurisdiction.
Additionally, the suggested amendment will be taken in Governance and Finance to
ensure the bill can be heard before the policy committee deadline.
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SUGGESTED AMENDMENTS
AMENDMENT 1
If AB1135 passes, the Kings River East Groundwater Sustainability Agency
should be added to WAT Section 10723(c)(1) as subparagraph (F). Existing
subparagraphs (F) through (O) will become (G) through (P).
SUPPORT
Alta Irrigation District (sponsor)
California Citrus Mutual
City of Dinuba
City of Orange Grove
City of Reedley
Community Water Center
Orange Cove Irrigation District
Tulare County Farm Bureau
OPPOSITION
Kings River Conservation District (KRCD)
Kings River Water Association (KRWA)
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