CALIFORNIA
WATER CODE
PART 2.75. GROUNDWATER MANAGEMENT
CHAPTER 1.GENERAL PROVISIONS
CHAPTER 2.DEFINITIONS
CHAPTER 3.GROUNDWATER MANAGEMENT PLANS
CHAPTER 4. FINANCES
CHAPTER 5. MISCELLANEOUS
WATER CODE SECTION 10750-10750.10
10750. The Legislature finds and declares
that groundwater is a valuable natural resource in California, and should be
managed to ensure both its safe production and its quality. It is the intent of
the Legislature to encourage local agencies to work cooperatively to manage
groundwater resources within their jurisdictions.
10750.2. (a) Subject to subdivision (b), this part applies to all groundwater
basins in the state. (b) This part does not apply to any portion of a
groundwater basin that is subject to groundwater management by a local agency or
a watermaster pursuant to other provisions of law or a court order, judgment, or
decree, unless the local agency or watermaster agrees to the application of this
part.
10750.4. Nothing in this part requires a local agency overlying a groundwater
basin to adopt or implement a groundwater management plan or groundwater
management program pursuant to this part.
10750.6. Nothing in this part affects the authority of a local agency or a
watermaster to manage groundwater pursuant to other provisions of law or a court
order, judgment, or decree.
10750.7. (a) A local agency may not manage groundwater pursuant to this part
within the service area of another local agency, a water corporation regulated
by the Public Utilities Commission, or a mutual water company without the
agreement of that other entity. (b) This section applies only to groundwater
basins that are not critically overdrafted.
10750.8. (a) A local agency may not manage groundwater pursuant to this part
within the service area of another local agency without the agreement of that
other entity. (b) This section applies only to groundwater basins that are
critically overdrafted.
10750.9. (a) A local agency that commences procedures, prior to January 1, 1993,
to adopt an ordinance or resolution to establish a program for the management of
groundwater pursuant to Part 2.75 (commencing with Section 10750), as added by
Chapter 903 of the Statutes of 1991, may proceed to adopt the ordinance or
resolution pursuant to Part 2.75, and the completion of those procedures is
deemed to meet the requirements of this part. (b) A local agency that has
adopted an ordinance or resolution pursuant to Part 2.75 (commencing with
Section 10750), as added by Chapter 903 of the Statutes of 1991, may amend its
groundwater management program by ordinance or resolution of the governing body
of the local agency to include any of the plan components set forth in Section
10753.7.
10750.10. This part is in addition to, and not a limitation on, the authority
granted to a local agency pursuant to other provisions of law.
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WATER CODE SECTION 10752
10752. Unless the context otherwise requires,
the following definitions govern the construction of this part: (a)
"Groundwater" means all 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 which flows in known and definite channels.
(b) "Groundwater basin" means any basin identified in the department's
Bulletin No. 118, dated September 1975, and any amendments to that bulletin, but
does not include a basin in which the average well yield is less than 100
gallons per minute. (c) "Groundwater extraction facility" means any
device or method for the extraction of groundwater within a groundwater basin.
(d) "Groundwater management plan" or "plan" means a document
that describes the activities intended to be included in a groundwater
management program. (e) "Groundwater management program" or
"program" means a coordinated and ongoing activity undertaken for the
benefit of a groundwater basin, or a portion of a groundwater basin, pursuant to
a groundwater management plan adopted pursuant to this part. (f)
"Groundwater recharge" means the augmentation of groundwater, by
natural or artificial means, with surface water or recycled water. (g)
"Local agency" means any local public agency that provides water
service to all or a portion of its service area, and includes a joint powers
authority formed by local public agencies that provide water service. (h)
"Recharge area" means the area that supplies water to an aquifer in a
groundwater basin and includes multiple wellhead protection areas. (i) "Watermaster"
means a watermaster appointed by a court or pursuant to other provisions of law.
(j) "Wellhead protection area" means the surface and subsurface area
surrounding a water well or well field that supplies a public water system
through which contaminants are reasonably likely to migrate toward the water
well or well field.
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WATER CODE SECTIONS10753-10753.9
10753. (a) Any local agency, whose service area includes a groundwater basin, or
a portion of a groundwater basin, that is not subject to groundwater management
pursuant to other provisions of law or a court order, judgment, or decree, may,
by ordinance, or by resolution if the local agency is not authorized to act by
ordinance, adopt and implement a groundwater management plan pursuant to this
part within all or a portion of its service area. (b) Notwithstanding
subdivision (a), a local public agency, other than an agency defined in
subdivision (g) of Section 10752, that provides flood control, groundwater
management, or groundwater replenishment, or a local agency formed pursuant to
this code for the principal purpose of providing water service that has not yet
provided that service, may exercise the authority of this part within a
groundwater basin that is located within its boundaries within areas that are
either of the following: (1) Not served by a local agency. (2) Served by a local
agency whose governing body, by a majority vote, declines to exercise the
authority of this part and enters into an agreement with the local public agency
pursuant to Section 10750.7 or 10750.8.
10753.2. (a) Prior to adopting a resolution of intention to draft a groundwater
management plan, a local agency shall hold a hearing, after publication of
notice pursuant to Section 6066 of the Government Code, on whether or not to
adopt a resolution of intention to draft a groundwater management plan pursuant
to this part for the purposes of implementing the plan and establishing a
groundwater management program. (b) At the conclusion of the hearing, the local
agency may draft a resolution of intention to adopt a groundwater management
plan pursuant to this part for the purposes of implementing the plan and
establishing a groundwater management program.
10753.3. (a) After the conclusion of the hearing, and if the local agency adopts
a resolution of intention, the local agency shall publish the resolution of
intention in the same manner that notice for the hearing held under Section
10753.2 was published. (b) Upon written request, the local agency shall provide
any interested person with a copy of the resolution of intention.
10753.4. The local agency shall prepare a groundwater management plan within two
years of the date of the adoption of the resolution of intention. If the plan is
not adopted within two years, the resolution of intention expires, and no plan
may be adopted except pursuant to a new resolution of intention adopted in
accordance with this chapter.
10753.5. (a) After a groundwater management plan is prepared, the local agency
shall hold a second hearing to determine whether to adopt the plan. Notice of
the hearing shall be given pursuant to Section 6066 of the Government Code. The
notice shall include a summary of the plan and shall state that copies of the
plan may be obtained for the cost of reproduction at the office of the local
agency. (b) At the second hearing, the local agency shall consider protests to
the adoption of the plan. At any time prior to the conclusion of the second
hearing, any landowner within the local agency may file a written protest or
withdraw a protest previously filed.
10753.6. (a) A written protest filed by a landowner shall include the
landowner's signature and a description of the land owned sufficient to identify
the land. A public agency owning land is deemed to be a landowner for the
purpose of making a written protest. (b) The secretary of the local agency shall
compare the names and property descriptions on the protest against the property
ownership records of the county assessors. (c) (1) A majority protest shall be
determined to exist if the governing board of the local agency finds that the
protests filed and not withdrawn prior to the conclusion of the second hearing
represent more than 50 percent of the assessed value of the land within the
local agency subject to groundwater management pursuant to this part. (2) If the
local agency determines that a majority protest exists, the groundwater plan may
not be adopted and the local agency shall not consider adopting a plan for the
area proposed to be included within the program for a period of one year after
the date of the second hearing. (3) If a majority protest has not been filed,
the local agency, within 35 days after the conclusion of the second hearing, may
adopt the groundwater management plan.
10753.7. A groundwater management plan may include components relating to all of
the following: (a) The control of saline water intrusion. (b) Identification and
management of wellhead protection areas and recharge areas. (c) Regulation of
the migration of contaminated groundwater. (d) The administration of a well
abandonment and well destruction program. (e) Mitigation of conditions of
overdraft. (f) Replenishment of groundwater extracted by water producers. (g)
Monitoring of groundwater levels and storage. (h) Facilitating conjunctive use
operations. (i) Identification of well construction policies. (j) The
construction and operation by the local agency of groundwater contamination
cleanup, recharge, storage, conservation, water recycling, and extraction
projects. (k) The development of relationships with state and federal regulatory
agencies. (l) The review of land use plans and coordination with land use
planning agencies to assess activities which create a reasonable risk of
groundwater contamination.
10753.8. (a) A local agency shall adopt rules and regulations to implement and
enforce a groundwater management plan adopted pursuant to this part. (b) Nothing
in this part shall be construed as authorizing the local agency to make a
binding determination of the water rights of any person or entity. (c) Nothing
in this part shall be construed as authorizing the local agency to limit or
suspend extractions unless the local agency has determined through study and
investigation that groundwater replenishment programs or other alternative
sources of water supply have proved insufficient or infeasible to lessen the
demand for groundwater.
10753.9. In adopting rules and regulations pursuant to Section 10753.8, the
local agency shall consider the potential impact of those rules and regulations
on business activities, including agricultural operations, and to the extent
practicable and consistent with the protection of the groundwater resources,
minimize any adverse impacts on those business activities.
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WATER
CODE SECTIONS 10754-10754.3
10754.
For purposes of groundwater management, a local agency that adopts a groundwater
management plan pursuant to this part has the authority of a water replenishment
district pursuant to Part 4 (commencing with Section 60220) of Division 18 and
may fix and collect fees and assessments for groundwater management in
accordance with Part 6 (commencing with Section 60300) of Division 18. 10754.2.
(a) Subject to Section 10754.3, except as specified in subdivision (b), a local
agency that adopts a groundwater management plan pursuant to this part, may
impose equitable annual fees and assessments for groundwater management based on
the amount of groundwater extracted from the groundwater basin within the area
included in the groundwater management plan to pay for costs incurred by the
local agency for groundwater management, including, but not limited to, the
costs associated with the acquisition of replenishment water, administrative and
operating costs, and costs of construction of capital facilities necessary to
implement the groundwater management plan. (b) The local agency may not impose
fees or assessments on the extraction and replacement of groundwater pursuant to
a groundwater remediation program required by other provisions of law or a
groundwater storage contract with the local agency. 10754.3. Before a local
agency may levy a water management assessment pursuant to Section 10754.2 or
otherwise fix and collect fees for the replenishment or extraction of
groundwater pursuant to this part, the local agency shall hold an election on
the proposition of whether or not the local agency shall be authorized to levy a
groundwater management assessment or fix and collect fees for the replenishment
or extraction of groundwater. The local agency shall be so authorized if a
majority of the votes cast at the election is in favor of the proposition. The
election shall be conducted in the manner prescribed by the laws applicable to
the local agency or, if there are no laws so applicable, then as prescribed by
laws relating to local elections. The election shall be conducted only within
the portion of the jurisdiction of the local agency subject to groundwater
management pursuant to this part.
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WATER CODE SECTIONS 10755-10756
10755. (a) If a local agency annexes land
subject to a groundwater management plan adopted pursuant to this part, the
local agency annexing the land shall comply with the groundwater management plan
for the annexed property. (b) If a local agency subject to a groundwater
management plan adopted pursuant to this part annexes land not subject to a
groundwater management plan adopted pursuant to this part at the time of
annexation, the annexed territory shall be subject to the groundwater management
plan of the local agency annexing the land.
10755.2. (a) It is the intent of the Legislature to encourage local agencies,
within the same groundwater basin, that are authorized to adopt groundwater
management plans pursuant to this part, to adopt and implement a coordinated
groundwater management plan. (b) For the purpose of adopting and implementing a
coordinated groundwater management program pursuant to this part, a local agency
may enter into a joint powers agreement pursuant to Chapter 5 (commencing with
Section 6500) of Division 7 of Title 1 of the Government Code with public
agencies, or a memorandum of understanding with public or private entities
providing water service. (c) A local agency may enter into agreements with
public entities or private parties for the purpose of implementing a coordinated
groundwater management plan.
10755.3. Local agencies within the same groundwater basin that conduct
groundwater management programs within that basin pursuant to this part, and
cities and counties that either manage groundwater pursuant to this part or have
ordinances relating to groundwater within that basin, shall, at least annually,
meet to coordinate those programs.
10755.4. Except in those groundwater basins that are subject to critical
conditions of groundwater overdraft, as identified in the department's Bulletin
118-80, revised on December 24, 1982, the requirements of a groundwater
management plan that is implemented pursuant to this part do not apply to the
extraction of groundwater by means of a groundwater extraction facility that is
used to provide water for domestic purposes to a single-unit residence and, if
applicable, any dwelling unit authorized to be constructed pursuant to Section
65852.1 or 65852.2 of the Government Code.
10756. (a) On or before April 1, 1998, the department shall prepare and publish,
in a bulletin of the department published pursuant to Section 130, a report on
the number of agencies that have adopted and implemented groundwater management
plans, or that manage groundwater, pursuant to this part or pursuant to any of
the following authorities: (1) Part 2.75 (commencing with Section 10750) as
added by Chapter 903 of the Statutes of 1991. (2) Other statutory authority. (3)
Adjudication. (4) Local ordinance. (b) The report shall also include all of the
following information: (1) The number of agencies that do not overlie a
groundwater basin or that overlie a basin with groundwater that is not usable.
(2) The number of agencies whose groundwater is managed by another agency. (3)
The number of agencies that have expressed no interest in initiating groundwater
management. (c) The report may include any of the following information, if
determined by the department to be available: (1) The volume or percentage of
extracted groundwater that is managed in accordance with a groundwater
management plan or other authority described in subdivision (a). (2) The extent
of basinwide coordination. (3) The number of interstate basins for which a
groundwater management plan has been adopted. (4) Any other information
determined by the department to be relevant. (d) The department shall update the
report periodically, as needed.
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