PART 5.2. Groundwater Extraction Reporting for Probationary Basins and Basins Without a Groundwater Sustainability Agency [5200 - 5209]
( Part 5.2 added by Stats. 2014, Ch. 347, Sec. 10. )
The Legislature finds and declares that this part establishes groundwater reporting requirements for the purposes of subdivision (b) of Section 10724 and Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6.
(Added by Stats. 2014, Ch. 347, Sec. 10. (AB 1739) Effective January 1, 2015.)
As used in this part:
(a) “Basin” has the same meaning as defined in Section 10721.
(b) “Board-designated local area” has the same meaning as defined in Section 5009.
(c) “De minimis extractor” has the same meaning as defined in Section 10721.
(d) “Groundwater” has the same meaning as defined in Section 10721.
(e) “Groundwater extraction facility” has the same meaning as defined in Section 10721.
(f) “Groundwater sustainability agency” has the same meaning as defined in Section 10721.
(g) “Person” has the same meaning as defined in Section 10735.
(h) “Personal information” has the same meaning as defined in Section 1798.3 of the Civil Code.
(i) “Probationary basin” has the same meaning as defined in Section 10735.
(j) “Water year” has the same meaning as defined in Section 10721.
(Added by Stats. 2014, Ch. 347, Sec. 10. (AB 1739) Effective January 1, 2015.)
(a) This section applies to a person who does either of the following:
(1) Extracts groundwater from a probationary basin 90 days or more after the board designates the basin as a probationary basin pursuant to Section 10735.2.
(2) Extracts groundwater on or after July 1, 2017, in an area within a high- or medium-priority basin subject to the requirements of subdivision (a) of Section 10720.7 that is not within the management area of a groundwater sustainability agency and where the county does not assume responsibility to be the groundwater sustainability agency, as provided in subdivision (b) of Section 10724.
(b) Except as provided in
subdivision (c), a person subject to this section shall file a report of groundwater extraction by February 1 of each year for extractions made in the preceding water year.
(c) Unless reporting is required pursuant to paragraph (2) of subdivision (c) of Section 10735.2, this section does not apply to any of the following:
(1) An extraction by a de minimis extractor.
(2) An extraction excluded from reporting pursuant to paragraph (1) of subdivision (c) of Section 10735.2.
(3) An extraction reported pursuant to Part 5 (commencing with Section 4999).
(4) An extraction that is included in annual reports filed with a court or the board by a watermaster appointed by a court or pursuant to
statute to administer a final judgment determining rights to water. The reports shall identify the persons who have extracted water and give the general place of use and the quantity of water that has been extracted from each source.
(d) Except as provided in Section 5209, the report shall be filed with the board.
(e) The report may be filed by the person extracting water or on that person’s behalf by an agency that person designates and that maintains a record of the water extracted.
(f) Each report shall be accompanied by the fee imposed pursuant to Section 1529.5.
(Amended by Stats. 2021, Ch. 258, Sec. 46. (SB 155) Effective September 23, 2021.)
Each report shall be prepared on a form provided by the board. The report shall include all of the following information:
(a) The name and address of the person who extracted groundwater and of the person filing the report.
(b) The name of the basin from which groundwater was extracted.
(c) The place of groundwater extraction. The location of the groundwater extraction facilities shall be depicted on a specific United States Geological Survey topographic map or shall be identified using the California Coordinate System or a latitude and longitude measurement. If assigned, the public land
description to the nearest 40-acre subdivision and the assessor’s parcel number shall be provided.
(d) The capacity of the groundwater extraction facilities.
(e) Monthly records of groundwater extractions. The measurements of the extractions shall be made by a methodology, water-measuring device, or combination thereof satisfactory to the board.
(f) The purpose of use.
(g) A general description of the area in which the water was used. The location of the place of use shall be depicted on a specific United States Geological Survey topographic map or on any other maps with identifiable landmarks. If assigned, the public land description to the nearest 40-acre subdivision and the assessor’s parcel number shall also be provided.
(h) As near as is known, the year in which the groundwater extraction was commenced.
(i) Any information required pursuant to paragraph (3) of subdivision (c) of Section 10735.2.
(j) Any other information that the board may require by regulation and that is reasonably necessary for purposes of this division or Part 2.74 (commencing with Section 10720) of Division 6.
(Added by Stats. 2014, Ch. 347, Sec. 10. (AB 1739) Effective January 1, 2015.)
(a) If a person fails to file a report as required by this part, the board may, at the expense of that person, investigate and determine the information required to be reported pursuant to this part.
(b) The board shall give a person described in subdivision (a) notice of its intention to investigate and determine the information required to be reported pursuant to this part and 60 days in which to file a required report without penalty.
(Added by Stats. 2014, Ch. 347, Sec. 10. (AB 1739) Effective January 1, 2015.)
A report submitted under this part or a determination of facts by the board pursuant to Section 5104 shall not establish or constitute evidence of a right to divert or use water.
(Added by Stats. 2014, Ch. 347, Sec. 10. (AB 1739) Effective January 1, 2015.)
Personal information included in a report of groundwater extraction shall have 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. 428. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
A right to extract groundwater that may otherwise occur shall not arise or accrue to, and a statute of limitations shall not operate in favor of, a person required to file a report pursuant to this part until the person files the report.
(Added by Stats. 2014, Ch. 347, Sec. 10. (AB 1739) Effective January 1, 2015.)
Section 5107 applies to a report or measuring device required pursuant to this part. For purposes of Section 5107, a report of groundwater extraction, measuring device, or misstatement required, used, or made pursuant to this part shall be considered the equivalent of a statement, measuring device, or misstatement required, used, or made pursuant to Part 5.1 (commencing with Section 5100).
(Added by Stats. 2014, Ch. 347, Sec. 10. (AB 1739) Effective January 1, 2015.)
For groundwater extractions in a board-designated local area, reports required pursuant to this part shall be submitted to the entity designated pursuant to subdivision (e) of Section 5009 if both of the following occur:
(a) The board determines that the requirements of subdivision (e) of Section 5009 have been satisfied with respect to extractions subject to reporting pursuant to this part, in addition to any groundwater extractions subject to Part 5 (commencing with Section 4999).
(b) The designated entity has made satisfactory arrangements to collect and transmit to the board any fees imposed pursuant to paragraph (2) of subdivision (b) of Section
1529.5.
(Added by Stats. 2014, Ch. 347, Sec. 10. (AB 1739) Effective January 1, 2015.)