Chapter 3. Basin Boundaries of California Water Code >> Division 6. >> Part 2.74. >> Chapter 3.
Unless other basin boundaries are established pursuant to
this chapter, a basin's boundaries shall be as identified in Bulletin
118.
(a) A local agency or an entity directed by the court in
an adjudication action to file the request may request that the
department revise the boundaries of a basin, including the
establishment of new subbasins. A request shall be supported by the
following information:
(1) Information demonstrating that the proposed adjusted basin can
be the subject of sustainable groundwater management.
(2) Technical information regarding the boundaries of, and
conditions in, the proposed adjusted basin.
(3) Information demonstrating that the entity proposing the basin
boundary adjustment consulted with interested local agencies and
public water systems in the affected basins before filing the
proposal with the department.
(4) Other information the department deems necessary to justify
revision of the basin's boundary.
(b) By January 1, 2016, the department shall adopt regulations
regarding the information required to comply with subdivision (a),
including the methodology and criteria to be used to evaluate the
proposed revision. The department shall adopt the regulations,
including any amendments thereto, authorized by this section as
emergency regulations in accordance with the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code). The adoption of these
regulations is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health and safety, or general welfare. Notwithstanding
the Administrative Procedure Act, emergency regulations adopted by
the department pursuant to this section shall not be subject to
review by the Office of Administrative Law and shall remain in effect
until revised by the department.
(c) Methodology and criteria established pursuant to subdivision
(b) shall address all of the following:
(1) How to assess the likelihood that the proposed basin can be
sustainably managed.
(2) How to assess whether the proposed basin would limit the
sustainable management of adjacent basins.
(3) How to assess whether there is a history of sustainable
management of groundwater levels in the proposed basin.
(d) Prior to adopting the regulations pursuant to subdivision (b),
the department shall conduct three public meetings to consider
public comments. The department shall publish the draft regulations
on its Internet Web site at least 30 days before the public meetings.
One meeting shall be conducted at a location in northern California,
one meeting shall be conducted at a location in the central valley
of California, and one meeting shall be conducted at a location in
southern California.
(e) The department shall provide a copy of its draft revision of a
basin's boundaries to the California Water Commission. The
California Water Commission shall hear and comment on the draft
revision within 60 days after the department provides the draft
revision to the commission.
(a) Pursuant to Section 10933, for the purposes of this
part the department shall categorize each basin as one of the
following priorities:
(1) High priority.
(2) Medium priority.
(3) Low priority.
(4) Very low priority.
(b) The initial priority for each basin shall be established by
the department pursuant to Section 10933 no later than January 31,
2015.
(c) Any time the department updates Bulletin 118 boundaries
pursuant to subdivision (b) of Section 12924, the department shall
reassess the prioritization pursuant to Section 10933.
(d) If the department changes priorities pursuant to Section 10933
to elevate a basin from a low- or very low priority basin to a
medium- or high-priority basin after January 31, 2015, the agency
formation and planning deadlines of this part shall be extended as
follows:
(1) A local agency, or combination of local agencies overlying a
groundwater basin, shall have two years from the date of
reprioritization to either establish a groundwater sustainability
agency pursuant to Chapter 4 (commencing with Section 10723) or two
years to satisfy the requirements of Section 10733.6.
(2) A groundwater sustainability agency shall have five years from
the date of reprioritization to meet the requirements of subdivision
(a) of Section 10720.7, except that if the reprioritization occurs
before January 31, 2017, a groundwater sustainability agency subject
to paragraph (2) of subdivision (a) of Section 10720.7 shall have
until January 31, 2022.