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AB-1563 Groundwater sustainability agency: groundwater extraction permit: verification.(2023-2024)



Current Version: 06/28/23 - Amended Senate

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AB1563:v98#DOCUMENT

Amended  IN  Senate  June 28, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1563

Introduced by Assembly Member Bennett

February 17, 2023

An act to amend Section 10726.4 of, and to add Article 5 (commencing with Section 13807) to Chapter 10 of Division 7 of, the Water Code, relating to groundwater.


LEGISLATIVE COUNSEL'S DIGEST


AB 1563, as amended, Bennett. Groundwater sustainability agency: groundwater extraction permit: verification.
Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, plans, except as specified. Existing law authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency for that basin and imposes specified duties upon that agency or combination of agencies, as provided. Existing law authorizes a groundwater sustainability agency to request of the county, and requires a county to consider, that the county forward permit requests for the construction of new groundwater wells, the enlarging of existing groundwater wells, and the reactivation of abandoned groundwater wells to the agency before permit approval.
This bill would instead require a county to forward permit requests for the construction of new groundwater wells, the enlarging of existing groundwater wells, and the reactivation of abandoned groundwater wells to the groundwater sustainability agency before permit approval.
Existing law requires the State Water Resources Control Board to adopt a model water well, cathodic protection well, and monitoring well drilling and abandonment ordinance implementing certain standards for water well construction, maintenance, and abandonment and requires each county, city, or water agency, where appropriate, not later than January 15, 1990, to adopt a water well, cathodic protection well, and monitoring well drilling and abandonment ordinance that meets or exceeds certain standards. Under existing law, if a county, city, or water agency, where appropriate, fails to adopt an ordinance establishing water well, cathodic protection well, and monitoring well drilling and abandonment standards, the model ordinance adopted by the state board is required to take effect on February 15, 1990, and is required to be enforced by the county or city and have the same force and effect as if adopted as a county or city ordinance.
This bill would prohibit a county, city, or any other water well permitting agency from approving a permit for a new groundwater well or for an alteration to an existing well in a basin subject to the act and classified as a critically overdrafted basin unless specified conditions are met. Among these conditions, the bill would require a county, city, or any other water well permitting agency to obtain a written verification from the groundwater sustainability agency that manages the basin or area of the basin where the well is proposed to be located determining that, among other things, the extraction by the proposed well is consistent with any sustainable groundwater management program established in any applicable groundwater sustainability plan adopted by that groundwater sustainability agency or an alternate plan approved or under review by the Department of Water Resources.
The bill would also require, as a condition of approving a permit for a new groundwater well or for an alteration to an existing well in an above-described basin, a county, city, or any other water well permitting agency to, among other things, post the well permit application on its internet website for at least 30 days before approving the permit. By imposing additional requirements on a county, city, or any other water well permitting agency, the bill would impose a state-mandated local program.
This bill would provide various exemptions from the above-described provisions, including exempting a permit for any well that provides less than 2 acre-feet of water annually for domestic use or any well used by a public water supply system or state small water system.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 10726.4 of the Water Code is amended to read:

10726.4.
 (a) A groundwater sustainability agency shall have the following additional authority and may regulate groundwater extraction using that authority:
(1) To impose spacing requirements on new groundwater well construction to minimize well interference and impose reasonable operating regulations on existing groundwater wells to minimize well interference, including requiring extractors to operate on a rotation basis.
(2) To control groundwater extractions by regulating, limiting, or suspending extractions from individual groundwater wells or extractions from groundwater wells in the aggregate, construction of new groundwater wells, enlargement of existing groundwater wells, or reactivation of abandoned groundwater wells, or otherwise establishing groundwater extraction allocations. Those actions shall be consistent with the applicable elements of the city or county general plan, unless there is insufficient sustainable yield in the basin to serve a land use designated in the city or county general plan. A limitation on extractions by a groundwater sustainability agency shall not be construed to be a final determination of rights to extract groundwater from the basin or any portion of the basin.
(3) To authorize temporary and permanent transfers of groundwater extraction allocations within the agency’s boundaries, if the total quantity of groundwater extracted in any water year is consistent with the provisions of the groundwater sustainability plan. The transfer is subject to applicable city and county ordinances.
(4) To establish accounting rules to allow unused groundwater extraction allocations issued by the agency to be carried over from one year to another and voluntarily transferred, if the total quantity of groundwater extracted in any five-year period is consistent with the provisions of the groundwater sustainability plan.
(b) This section does not authorize a groundwater sustainability agency to issue permits for the construction, modification, or abandonment of groundwater wells, except as authorized by a county with authority to issue those permits. A county shall forward permit requests for the construction of new groundwater wells, the enlarging of existing groundwater wells, and the reactivation of abandoned groundwater wells to the groundwater sustainability agency before permit approval.

SEC. 2.

 Article 5 (commencing with Section 13807) is added to Chapter 10 of Division 7 of the Water Code, to read:
Article  5. Water Wells

13807.
 (a) In addition to meeting the other requirements of this chapter, a county, city, or any other water well permitting agency shall not approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6) and classified as a critically overdrafted basin unless all of the following conditions are met:
(1) The county, city, or any other water well permitting agency obtains written verification from a groundwater sustainability agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well meets both of the following conditions:
(A)The proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable groundwater sustainability plan adopted by that groundwater sustainability agency or an alternate plan approved or under review by the department.
(B)The department, and the proposed well would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan.

(2)(A)The permit applicant has provided the permitting agency a written report prepared by a licensed professional that indicates that the extraction by the proposed well is not likely to interfere with the production and functioning of one or more existing nearby wells and is not likely to cause subsidence that would adversely impact or damage nearby infrastructure.

(B)As used in this paragraph, “licensed professional” means a professional engineer licensed pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, or a professional geologist licensed pursuant to Chapter 12.5 (commencing with Section 7800) of Division 3 of the Business and Professions Code.

(2) The county, city, or any other water well permitting agency shall first determine that extraction from the proposed well is not likely to interfere with the production and functioning of existing nearby wells, and is not likely to cause subsidence that would adversely impact or damage nearby infrastructure.
(3) The county, city, or any other water well permitting agency posts the well permit application on its internet website for at least 30 days.
(b) Subdivision (a) does not apply to all of the following:
(1) Permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users.
(2) Permits for wells that will exclusively provide groundwater to public water supply systems or state small water systems as defined in Section 116275 of the Health and Safety Code.
(3) Permits for wells in adjudicated basins identified in Section 10720.8.
(4) Maintenance of a well.
(5) Alterations, replacement, or maintenance to a well pump.
(6) Replacement of an existing, currently permitted, well only if both of the following conditions are met:
(A) The new well will produce the equivalent quantity of water as the well being replaced.
(B) The original well is either decommissioned or will be used for storage.
(7) Extension of the well casing for an existing, currently permitted, well casing of an existing well, only if the new extension does not result in the well producing an increased quantity of water.
(8) Permits for wells that will replace existing, currently permitted wells with new wells that will produce an equivalent quantity of water as the capacity of the well being replaced when the existing well is being replaced because it has been acquired by eminent domain or acquired while under threat of condemnation.
(c) Any findings required by this section do not constitute a discretionary approval for the purpose of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). Nothing in this section alters any other existing obligations related to compliance with the California Environmental Quality Act in issuing well permits.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.