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SB 1146
THIRD READING
Bill No:
Author:
Amended:
Vote:
SB 1146
Pavley (D), et al.
5/25/12
21
SENATE NATURAL RESOURCES AND WATER COMM.: 5-3, 4/10/12
AYES: Pavley, Kehoe, Padilla, Simitian, Wolk
NOES: La Malfa, Cannella, Fuller
NO VOTE RECORDED: Evans
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-2, 4/23/12
AYES: Simitian, Hancock, Kehoe, Lowenthal, Pavley
NOES: Strickland, Blakeslee
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/24/12
AYES: Kehoe, Alquist, Lieu, Price, Steinberg
NOES: Walters, Dutton
SUBJECT:
Wells: reports: public availability
SOURCE:
Author
DIGEST: This bill requires the Department of Water Resources (DWR) to
make well log reports for water wells available to the public.
ANALYSIS: Existing law:
1. Requires a person who digs, bores, or drills a water well, cathodic
protection well, or a monitoring well, or abandons or destroys a well, or
deepens or reperforates a well, to file a report of completion with the
Department of Water Resources (DWR).
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2. Prohibits the above report from being made available to the public,
except under certain circumstances.
This bill:
1. Requires, rather than prohibits, well logs be made available to the public.
2. Requires a person requesting a report to do so on a form identifying the
name and address of the requestor, and the reason for the request.
3. Requires the release of the well logs to comply with the privacy and other
provisions of the Information Practices Act.
4. Requires a disclosure statement regarding the appropriate use of the data.
5. Authorizes DWR to charge a fee for providing the well logs.
Background
In 1949, to help prevent groundwater pollution caused by improperly
constructed water wells, the California Legislature first required well drillers
to file a well completion report with the State of California for each well
drilled.
Well completion reports (well logs) are a record of the drilling and
construction of the well. Well logs provide the record necessary to
demonstrate that the well was properly constructed, modified, or
decommissioned, and further provides the necessary construction detail
should the well need to be modified at some later date. They include, among
other things, the location of the well, the depth of the well, the type of soils
encountered at each elevation of drilling, and depth to water.
In 1965, the Legislature declared that “the people of the state have a primary
interest in the location, construction, maintenance, abandonment, and
destruction of water wells, which activities directly affect the quality and
purity of underground waters.” In doing so, the Legislature expanded the
well drilling laws to: a) authorize DWR to establish regulations governing
the proper construction of water wells, b) require all well completion reports
be filed with DWR, and c) restrict access to those reports to government
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agencies. The legislative record does not give any insight as to why the logs
were made confidential.
No other western state restricts access to well logs as in California. In fact,
most western states provide Internet access to well logs.
In the case of oil or gas wells in California, every time a well is drilled, the
driller must provide a copy of the well log to the Department of
Conservation. Those logs are deemed public records for purposes of the
California Public Records Act. (There are exceptions. Logs for exploratory
wells, for example, are considered confidential for a specific period of time.)
The Department of Conservation provides public access to those logs
through a GIS map on the Internet.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
 One-time costs of approximately $300,000 from the General Fund in
2013-14 for the development of regulations and establishing a fee. These
costs may be covered by a new fee authorized in this bill.
 Likely ongoing costs of $100,000 from the General Fund beginning in
2013-14 to respond to increased requests for well log reports. These
costs should be fully covered by a new fee authorized in this bill.
SUPPORT: (Verified 5/25/12)
California Rural Legal Assistance Foundation
City of Lakewood
Clean Water Action
Community Water Center
East Bay Municipal Utility District
Groundwater Resources Association
Karuk Tribe
Northern California Water Association
Planning and Conservation League
Sierra Club California
Sonoma County Water Agency
The Nature Conservancy
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OPPOSITION: (Verified 5/25/12)
California Groundwater Association
California Police Chiefs Association
City of Torrance
County of Tehama Department of Public Works
Desert Water Agency
East Valley Water District
Friant Water Authority
Kings River Conservation District
Kings River Water Association
Newhall County Water District
Orchard Dale Water District
Rowland Water District
San Gabriel Valley Water Association
Valley Ag Water Coalition
ARGUMENTS IN SUPPORT: According to the author, “Every time a
water well is drilled, the driller is required by law to provide DWR a well
completion report with the State of California for each well drilled.
“These reports contain critical information for groundwater managers,
consulting hydrologists, academics, and others interested in the geologic and
hydrologic characteristics of groundwater basins. Unfortunately, those who
would benefit from this information cannot have access to it.
 Farmers can’t know how deep they need to drill their wells.
 Academics cannot develop sophisticated maps and models without the
sponsorship of the government.
 Local community activists cannot gain the information they need to
better protect drinking water quality of disadvantaged communities.
 The list goes on.
“The Governor directed DWR to work with me ‘to ensure responsible public
access to well logs.’ SB 1146 is the result of those negotiations with DWR,
along with the Department of Health Services (DHS) and CalEMA, which is
California’s official homeland security agency. This bill addresses and
resolves the various security concerns raised by DHS and CalEMA, and I
understand that DWR is now in the process of getting a SUPPORT position
approved through the Governor’s Office.”
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ARGUMENTS IN OPPOSITION: San Gabriel Valley Water
Association (SGVWA) states in opposition, “Since September 11, 2001,
public water systems have been seeking ways to better protect their water
supplies from terrorist or malicious acts. In fact, the federal government
requires water systems to conduct vulnerability assessments and implement
homeland security measures to better protect water supplies and facilities
from sabotage. In support of these efforts, the California Department of
Public Health, which overseas state-level homeland security initiatives for
water systems, no longer releases physical well location information to the
public. SB 1146 weakens those security efforts, and is in direct conflict with
local, state and federal efforts to protect public water supplies.
“Furthermore, well data for public water wells is generally available to
government agencies and qualified professionals upon request to the well
owner. Full public access to this information would increase vulnerability
without adding meaningful benefit to groundwater studies. Therefore,
SGVWA must oppose this bill.”
CTW:nl 5/25/12 Senate Floor Analyses
SUPPORT/OPPOSITION:
SEE ABOVE
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