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AB-1667 Agricultural water management planning.(2017-2018)

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Date Published: 05/30/2017 01:34 PM
AB1667:v97#DOCUMENT

Amended  IN  Assembly  May 30, 2017
Amended  IN  Assembly  April 18, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1667


Introduced by Assembly Member Friedman

February 17, 2017


An act to amend Sections 531.10, 10608.48, 10814, 10820, 10826, 10843, 10845, and 10850 and 10845 of, and to add Section 10826.2 to, and to repeal Section 10853 of, the Water Code, relating to water.


LEGISLATIVE COUNSEL'S DIGEST


AB 1667, as amended, Friedman. Agricultural water management planning.
(1) Existing law requires an agricultural water supplier to prepare and adopt an agricultural water management plan with specified components on or before December 31, 2012, and to update that plan on December 31, 2015, and on or before December 31 every 5 years thereafter. Existing law requires the agricultural water supplier to submit copies of the plan to the Department of Water Resources and other specified entities, and requires the department to prepare and submit to the Legislature, on or before December 31 in years ending in 6 and years ending in one, a report summarizing the status of the plans.
This bill would revise the components of the plan and additionally require the agricultural water management plan to quantify measures to increase the efficiency of agricultural water use efficiency, use, include an annual water budget, describe the agricultural water supplier’s water management strategy with specified elements, and include a drought plan describing the actions of the agricultural water supplier for drought preparedness and management of water supplies and allocations during drought conditions. The bill would require the department to provide tools and resources to assist an agricultural water supplier in developing and quantifying components necessary to develop a water budget. The bill would require the 2020 plan to be updated on or before April 1, 2021, and after that date, would require an agricultural water supplier to update its agricultural water management plan on or before April 1 in years ending in 6 and in years ending in one. The bill would require the department to submit its report to the Legislature on or before April 30 in years ending in 7 and in years ending in 2.

(2)Existing law establishes specified procedures for an action or proceeding to attack, review, set aside, void, or annul the acts or decisions of an agricultural water supplier on the grounds of noncompliance with the requirements for agricultural water management plans.

This bill would require the department, not later than 90 days after a statutory deadline relating to agricultural water management plans has passed, to refer an agricultural water supplier that fails to comply with these deadlines to the State Water Resources Control Board for enforcement action.

(3)Existing law requires an agricultural water supplier to implement efficient water management practices, as prescribed. Existing law exempts from this requirement and the requirement to prepare and adopt an agricultural water management plan an agricultural water supplier that provides water to fewer than 25,000 irrigated acres, excluding recycled water. Existing law makes an agricultural water supplier ineligible for state water grants or loans unless the supplier complies with specified water management planning requirements and efficient water management practices.

This bill would repeal this exemption, thereby subjecting those agricultural water suppliers to the water management planning requirements and efficient water management practices and requiring those agricultural water suppliers to comply with the water management planning practices and efficient water management practices to be eligible for state water grants and loans.

(4)

(2) Existing law requires an agricultural water supplier to submit an annual report to the department that summarizes aggregated farm-gate delivery data using best professional practices.
This bill, for agricultural water suppliers that provide water to 10,000 or more irrigated acres, bill would require the report to be organized by groundwater subbasin basin within the agricultural water supplier’s service area. The bill would require the department, not later than 90 days after an annual report is due, to refer an agricultural water supplier that fails to comply with these reporting requirements to the state board for enforcement action. area, if applicable, and would require the report to be submitted to the department by April 1 of each year.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 531.10 of the Water Code is amended to read:

531.10.
 (a) An agricultural water supplier shall submit an annual report to the department that summarizes aggregated farm-gate delivery data, on a monthly or bimonthly basis, using best professional practices. For agricultural water suppliers providing water supplies to 10,000 or more irrigated acres, excluding recycled water, the report shall be organized by groundwater subbasin within the agricultural water supplier’s service area, if applicable. The report for the prior year shall be submitted to the department by April 1 of each year. The annual report shall be organized by basin, as defined in Section 10721, within the service area of the agricultural water supplier, if applicable.
(b) The report, and any amendments to the report, submitted to the department pursuant to subdivision (a) shall be submitted electronically and shall include any standardized forms, tables, or displays specified by the department.
(c) The department shall post all reports on its Internet Web site in a manner that allows for comparisons across water suppliers. The department shall make the reports available for public viewing in a timely manner after it receives them.

(d)The department shall refer an agricultural water supplier that fails to comply with the requirements set forth in subdivisions (a) and (b) to the board for enforcement action not later than 90 days after an annual report is due.

(e)

(d) Nothing in this article shall be construed to require the implementation of water measurement programs or practices that are not locally cost effective.

(f)

(e) It is the intent of the Legislature that the requirements of this section shall complement and not affect the scope of authority granted to the department or the board by provisions of law other than this article.

SEC. 2.

 Section 10608.48 of the Water Code is amended to read:

10608.48.
 (a) On or before July 31, 2012, an agricultural water supplier shall implement efficient water management practices pursuant to subdivisions (b) and (c).
(b) Agricultural water suppliers shall implement all both of the following critical efficient management practices:
(1) Measure the volume of water delivered to customers with sufficient accuracy to comply with subdivision (a) of Section 531.10 and to implement paragraph (2).
(2) Adopt a pricing structure for water customers based at least in part on quantity delivered.

(3)Increase flexibility in water ordering by, and delivery to, water customers by offering arranged demand delivery within 24 hours of a request.

(c) Agricultural water suppliers shall implement additional efficient management practices, including, but not limited to, practices to accomplish all of the following, if the measures are locally cost effective and technically feasible:
(1) Facilitate alternative land use for lands with exceptionally high water duties or whose irrigation contributes to significant problems, including drainage.
(2) Facilitate use of available recycled water that otherwise would not be used beneficially, meets all health and safety criteria, and does not harm crops or soils.
(3) Facilitate the financing of capital improvements for on-farm irrigation systems.
(4) Implement an incentive pricing structure that promotes one or more of the following goals:
(A) More efficient water use at the farm level.
(B) Conjunctive use of groundwater.
(C) Appropriate increase of groundwater recharge.
(D) Reduction in problem drainage.
(E) Improved management of environmental resources.
(F) Effective management of all water sources throughout the year by adjusting seasonal pricing structures based on current conditions.
(5) Expand line or pipe distribution systems, and construct regulatory reservoirs to increase distribution system flexibility and capacity, decrease maintenance, and reduce seepage.

(6)Facilitate or promote beneficial on-farm practices that improve soil health and moisture retention, such as cover cropping, conservation tillage, and compost application.

(6) Increase flexibility in water ordering by, and delivery to, water customers within operational limits.
(7) Construct and operate supplier spill and tailwater recovery systems.
(8) Increase planned conjunctive use of surface water and groundwater within the supplier service area.
(9) Automate canal control structures.
(10) Facilitate or promote customer pump testing and evaluation.
(11) Designate a water conservation coordinator who will develop and implement the water management plan and prepare progress reports.
(12) Provide for the availability of water management services to water users. These services may include, but are not limited to, all of the following:
(A) On-farm irrigation and drainage system evaluations.
(B) Normal year and real-time irrigation scheduling and crop evapotranspiration information.
(C) Surface water, groundwater, and drainage water quantity and quality data.
(D) Agricultural water management educational programs and materials for farmers, staff, and the public.
(13) Evaluate the policies of agencies that provide the supplier with water to identify the potential for institutional changes to allow more flexible water deliveries and storage.
(14) Evaluate and improve the efficiencies of the supplier’s pumps.
(d) Agricultural water suppliers shall include in the agricultural water management plans required pursuant to Part 2.8 (commencing with Section 10800) a report on which efficient water management practices have been implemented and are planned to be implemented, an estimate of the water use efficiency improvements that have occurred since the last report, and an estimate of the water use efficiency improvements estimated to occur five and 10 years in the future. If an agricultural water supplier determines that an efficient water management practice is not locally cost effective or technically feasible, the supplier shall include in the report information documenting that determination. A determination that an efficient water management practice is not locally cost effective or technically feasible shall be based upon evaluation methodology approved by the department.
(e) The department shall require the data information about the implementation of efficient water management practices to be reported using a standardized form developed pursuant to Section 10608.52.
(f) An agricultural water supplier may meet the requirements of subdivisions (d) and (e) by submitting to the department a water conservation plan submitted to the United States Bureau of Reclamation that meets the requirements described in Section 10828.
(g) On or before December 31, 2013, December 31, 2016, and December 31, 2021, the department, in consultation with the board, shall submit to the Legislature a report on the agricultural efficient water management practices that have been implemented and are planned to be implemented and an assessment of the manner in which the implementation of those efficient water management practices has affected and will affect agricultural operations, including estimated water use efficiency improvements, if any.
(h) The department may update the efficient water management practices required pursuant to subdivision (c), in consultation with the Agricultural Water Management Council, the United States Bureau of Reclamation, and the board. All efficient water management practices for agricultural water use pursuant to this chapter shall be adopted or revised by the department only after the department conducts public hearings to allow participation of the diverse geographical areas and interests of the state.
(i) (1) The department shall adopt regulations that provide for a range of options that agricultural water suppliers may use or implement to comply with the measurement requirement in paragraph (1) of subdivision (b).
(2) The initial adoption of a regulation authorized by this subdivision is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for that purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. After the initial adoption of an emergency regulation pursuant to this subdivision, the department shall not request approval from the Office of Administrative Law to readopt the regulation as an emergency regulation pursuant to Section 11346.1 of the Government Code.

SEC. 3.

 Section 10814 of the Water Code is amended to read:

10814.
 “Person” means any individual, firm, association, organization, partnership, business, trust, corporation, company, public agency, or any agency of that entity. has the same meaning as defined in Section 10614.

SEC. 3.SEC. 4.

 Section 10820 of the Water Code is amended to read:

10820.
 (a) (1) Except as provided in paragraph (2), an agricultural water supplier shall prepare and adopt an agricultural water management plan in the manner set forth in this chapter on or before December 31, 2012, and shall update that plan on December 31, 2015, and on or before December 31 every five years thereafter.
(2) (A) The agricultural water management plan required to be updated on or before December 31, 2020, shall be updated on or before April 1, 2021. That plan shall satisfy the requirements of Section 10826.
(B) On and after April 1, 2021, an agricultural water supplier shall update its agricultural water management plan on or before April 1 in years ending in six and in years ending in one.
(b) Every supplier that becomes an agricultural water supplier after December 31, 2012, shall prepare and adopt an agricultural water management plan within one year after the date it has become an agricultural water supplier.
(c) A water supplier that indirectly provides water to customers for agricultural purposes shall not prepare a plan pursuant to this part without the consent of each agricultural water supplier that directly provides that water to its customers.

SEC. 4.SEC. 5.

 Section 10826 of the Water Code is amended to read:

10826.
 An agricultural water management plan shall be adopted in accordance with this chapter. The plan shall do all of the following:
(a) Describe the agricultural water supplier and the service area, including all of the following:
(1) Size of the service area.
(2) Location of the service area and its water management facilities.
(3) Terrain and soils.
(4) Climate.
(5) Operating rules and regulations.
(6) Water delivery measurements or calculations.
(7) Water rate schedules and billing.
(8) Water shortage allocation policies.
(b) Describe the quantity and quality of water resources of the agricultural water supplier, including all of the following:
(1) Surface water supply, including drainage to the agricultural water supplier’s service area. supply.
(2) Groundwater supply.
(3) Other water supplies, including recycled water.
(4) Source water quality monitoring practices.
(5) Water uses within the agricultural water supplier’s service area, including all of the following:
(A) Agricultural.
(B) Environmental.
(C) Recreational.
(D) Municipal and industrial.
(E) Groundwater recharge, including estimated flows from deep percolation from irrigation and seepage.

(F)Transfers and exchanges.

(G)Other water uses.

(6)Drainage from the agricultural water supplier’s service area.

(7)Water accounting, including all of the following:

(A)Quantifying the agricultural water supplier’s projected water supplies and uses identified pursuant to paragraph (5).

(B)Quantifying the projected precipitation and private groundwater pumping that are not within the agricultural water supplier’s management plan.

(C)Annual service area water budgets for the previous five years.

(8)Water supply’s water service reliability in average and drought conditions with water supply, infrastructure, institutional, and regulatory considerations.

(c) Include an annual water budget based on the quantification of all inflow and outflow components for the service area of the agricultural water supplier. Components of inflow shall include surface inflow, groundwater pumping in the service area, and effective precipitation. Components of outflow shall include surface outflow, deep percolation, and evapotranspiration. An agricultural water supplier shall report the annual water budget on a water-year basis. The department shall provide tools and resources to assist agricultural water suppliers in developing and quantifying components necessary to develop a water budget.

(c)

(d) Include an analysis, based on available information, of the effect of climate change on future water supplies.

(d)

(e) Describe previous water management activities.

(e)Quantify measures to increase agricultural water use efficiency with the following elements:

(1)Water use efficiency information required pursuant to Section 10608.48.

(2)Measures the agricultural water supplier has implemented for improving efficiency of agricultural water use.

(3)The quantified overall efficiency of agricultural water use using methods provided by the department.

(f)Describe water management strategy with the following elements:

(1)Water management objectives for continued improvement and desired outcomes.

(2)Previous and planned actions and associated schedule to achieve the outcomes.

(3)Cost for implementation and financial considerations.

(4)Adaptive management.

(f) Identify water management objectives based on the water budget to improve water system efficiency. The agricultural water supplier shall identify, prioritize, and implement actions to reduce water loss, improve water system management, and meet other water management objectives identified in the plan.
(g) Quantify the efficiency of agricultural water use within the service area of the agricultural water supplier using the appropriate method or methods from among the four water use efficiency quantification methods developed by the department in the May 8, 2012, report to the Legislature entitled “A Proposed Methodology for Quantifying the Efficiency of Agricultural Water Use.” The agricultural water supplier shall account for all water uses, including crop water use, agronomic water use, environmental water use, and recoverable surface flows.

SEC. 5.SEC. 6.

 Section 10826.2 is added to the Water Code, to read:

10826.2.
 As part of its agricultural water management plan, each agricultural water supplier shall develop a drought plan for periods of limited water supply describing the actions of the agricultural water supplier for drought preparedness and management of water supplies and allocations during drought conditions. The drought plan shall contain both of the following:
(a) Resilience planning, including all of the following:
(1) Data, indicators, and information needed to determine the water supply availability and levels of drought severity.
(2) Analyses and identification of potential vulnerability to drought.

(3)Opportunities and constraints for further improving drought resilience.

(4)Planning objectives for drought resilience.

(5)Actions implemented and planned for achieving the objectives and a schedule for those actions.

(6)Cost information and financing considerations.

(3) A description of the opportunities and constraints for improving drought resilience planning, including all of the following:
(A) The availability of new technology or information.
(B) The ability of the agricultural water supplier to obtain or use additional water supplies during drought conditions.
(C) A description of other actions planned for implementation to improve drought resilience.
(b) Drought response planning, including all of the following:
(1) Policies and a process for declaring a water shortage and for implementing water shortage allocations and related response actions.

(2)Response actions corresponding to different levels of water shortage, including, but not limited to, operational adjustments and demand management.

(3)

(2) Methods and procedures for the enforcement or appeal of, or exemption from, triggered shortage response actions.

(4)

(3) Methods and procedures for monitoring and evaluation of the effectiveness of the drought plan.

(5)

(4) Communication protocols and procedures to inform and coordinate customers, the public, interested parties, and local, regional, and state government.

(6)An analysis of the financial consequence of each of the actions and conditions described in paragraphs (1) to (5), inclusive, on the revenues and expenditures of the agricultural water supplier, and proposed measures to overcome those impacts, such as the development of reserve revenues.

(5) A description of the potential impacts on the revenues, financial condition, and planned expenditures of the agricultural water supplier during drought conditions that reduce water allocations, and proposed measures to overcome those impacts, including reserve level policies.

SEC. 6.SEC. 7.

 Section 10843 of the Water Code is amended to read:

10843.
 (a) An agricultural water supplier shall submit to the entities identified in subdivision (b) a copy of its plan no later than 30 days after the adoption of the plan. Copies of amendments or changes to the plans shall be submitted to the entities identified in subdivision (b) within 30 days after the adoption of the amendments or changes.
(b) An agricultural water supplier shall submit a copy of its plan and amendments or changes to the plan to each of the following entities:
(1) The department.
(2) Any city, county, or city and county within which the agricultural water supplier provides water supplies.
(3) Any groundwater management entity within which jurisdiction the agricultural water supplier extracts or provides water supplies.
(4) Any urban water supplier within which jurisdiction the agricultural water supplier provides water supplies.
(5) Any city or county library within which jurisdiction the agricultural water supplier provides water supplies.
(6) The California State Library.
(7) Any local agency formation commission serving a county within which the agricultural water supplier provides water supplies.
(c) The plan, and any amendments to the plan, submitted to the department pursuant to paragraph (1) of subdivision (b) shall be submitted electronically and shall include any standardized forms, tables, or displays specified by the department.

SEC. 7.SEC. 8.

 Section 10845 of the Water Code is amended to read:

10845.
 (a) The department shall prepare and submit to the Legislature, on or before April 30, 2022, and thereafter in the years ending in seven and years ending in two, a report summarizing the status of the plans adopted pursuant to this part.
(b) The report prepared by the department shall identify the outstanding elements of any plan adopted pursuant to this part, including a discussion of the status of efficient water management practices implemented pursuant to subdivisions (b) and (c) of Section 10608.48. The report shall include an evaluation of the effectiveness of this part in promoting efficient agricultural water management practices and recommendations relating to proposed changes to this part, as appropriate.
(c) The department shall provide a copy of the report to each agricultural water supplier that has submitted its plan to the department. The department shall also prepare reports and provide data for any legislative hearing designed to consider the effectiveness of plans submitted pursuant to this part.

SEC. 8.Section 10850 of the Water Code is amended to read:
10850.

(a)Not later than 90 days after a statutory deadline under this part has passed, the department shall refer an agricultural water supplier that fails to comply with the deadlines established under this part to the board for enforcement action.

(b)Any action or proceeding to attack, review, set aside, void, or annul the acts or decisions of an agricultural water supplier on the grounds of noncompliance with this part shall be commenced as follows:

(1)An action or proceeding alleging failure to adopt a plan shall be commenced within 18 months after that adoption is required by this part.

(2)Any action or proceeding alleging that a plan, or action taken pursuant to the plan, does not comply with this part shall be commenced within 120 days after submitting the plan or amendments to the plan to entities in accordance with Section 10844 or the taking of that action.

(c)In an action or proceeding to attack, review, set aside, void, or annul a plan, or an action taken pursuant to the plan by an agricultural 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 agricultural water supplier has not proceeded in a manner required by law, or if the action by the agricultural water supplier is not supported by substantial evidence.

SEC. 9.Section 10853 of the Water Code is repealed.