Chapter 5. Powers And Authorities of California Water Code >> Division 6. >> Part 2.74. >> Chapter 5.
(a) A groundwater sustainability agency may exercise any of
the powers described in this chapter in implementing this part, in
addition to, and not as a limitation on, any existing authority, if
the groundwater sustainability agency adopts and submits to the
department a groundwater sustainability plan or prescribed
alternative documentation in accordance with Section 10733.6.
(b) A groundwater sustainability agency has and may use the powers
in this chapter to provide the maximum degree of local control and
flexibility consistent with the sustainability goals of this part.
(a) A groundwater sustainability agency may perform any
act necessary or proper to carry out the purposes of this part.
(b) A groundwater sustainability agency may adopt rules,
regulations, ordinances, and resolutions for the purpose of this
part, in compliance with any procedural requirements applicable to
the adoption of a rule, regulation, ordinance, or resolution by the
groundwater sustainability agency.
(c) In addition to any other applicable procedural requirements,
the groundwater sustainability agency shall provide notice of the
proposed adoption of the groundwater sustainability plan on its
Internet Web site and provide for electronic notice to any person who
requests electronic notification.
(a) A groundwater sustainability agency may conduct an
investigation for the purposes of this part, including, but not
limited to, investigations for the following:
(1) To determine the need for groundwater management.
(2) To prepare and adopt a groundwater sustainability plan and
implementing rules and regulations.
(3) To propose and update fees.
(4) To monitor compliance and enforcement.
(b) An investigation may include surface waters and surface water
rights as well as groundwater and groundwater rights.
(c) In connection with an investigation, a groundwater
sustainability agency may inspect the property or facilities of a
person or entity to ascertain whether the purposes of this part are
being met and compliance with this part. The local agency may conduct
an inspection pursuant to this section upon obtaining any necessary
consent or obtaining an inspection warrant pursuant to the procedure
set forth in Title 13 (commencing with Section 1822.50) of Part 3 of
the Code of Civil Procedure.
A groundwater sustainability agency may require
registration of a groundwater extraction facility within the
management area of the groundwater sustainability agency.
(a) A groundwater sustainability agency may require
through its groundwater sustainability plan that the use of every
groundwater extraction facility within the management area of the
groundwater sustainability agency be measured by a water-measuring
device satisfactory to the groundwater sustainability agency.
(b) All costs associated with the purchase and installation of the
water-measuring device shall be borne by the owner or operator of
each groundwater extraction facility. The water-measuring devices
shall be installed by the groundwater sustainability agency or, at
the groundwater sustainability agency's option, by the owner or
operator of the groundwater extraction facility. Water-measuring
devices shall be calibrated on a reasonable schedule as may be
determined by the groundwater sustainability agency.
(c) A groundwater sustainability agency may require, through its
groundwater sustainability plan, that the owner or operator of a
groundwater extraction facility within the groundwater sustainability
agency file an annual statement with the groundwater sustainability
agency setting forth the total extraction in acre-feet of groundwater
from the facility during the previous water year.
(d) In addition to the measurement of groundwater extractions
pursuant to subdivision (a), a groundwater sustainability agency may
use any other reasonable method to determine groundwater extraction.
(e) This section does not apply to de minimis extractors.
An entity within the area of a groundwater sustainability
plan shall report the diversion of surface water to underground
storage to the groundwater sustainability agency for the relevant
portion of the basin.
A groundwater sustainability agency may do the following:
(a) Acquire by grant, purchase, lease, gift, devise, contract,
construction, or otherwise, and hold, use, enjoy, sell, let, and
dispose of, real and personal property of every kind, including
lands, water rights, structures, buildings, rights-of-way, easements,
and privileges, and construct, maintain, alter, and operate any and
all works or improvements, within or outside the agency, necessary or
proper to carry out any of the purposes of this part.
(b) Appropriate and acquire surface water or groundwater and
surface water or groundwater rights, import surface water or
groundwater into the agency, and conserve and store within or outside
the agency that water for any purpose necessary or proper to carry
out the provisions of this part, including, but not limited to, the
spreading, storing, retaining, or percolating into the soil of the
waters for subsequent use or in a manner consistent with the
provisions of Section 10727.2. As part of this authority, the agency
shall not alter another person's or agency's existing groundwater
conjunctive use or storage program except upon a finding that the
conjunctive use or storage program interferes with implementation of
the agency's groundwater sustainability plan.
(c) Provide for a program of voluntary fallowing of agricultural
lands or validate an existing program.
(d) Perform any acts necessary or proper to enable the agency to
purchase, transfer, deliver, or exchange water or water rights of any
type with any person that may be necessary or proper to carry out
any of the purposes of this part, including, but not limited to,
providing surface water in exchange for a groundwater extractor's
agreement to reduce or cease groundwater extractions. The agency
shall not deliver retail water supplies within the service area of a
public water system without either the consent of that system or
authority under the agency's existing authorities.
(e) Transport, reclaim, purify, desalinate, treat, or otherwise
manage and control polluted water, wastewater, or other waters for
subsequent use in a manner that is necessary or proper to carry out
the purposes of this part.
(f) Commence, maintain, intervene in, defend, compromise, and
assume the cost and expenses of any and all actions and proceedings.
(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 groundwater sustainability
agency may request of the county, and the county shall 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 groundwater
sustainability agency before permit approval.
In addition to any other authority granted to a
groundwater sustainability agency by this part or other law, a
groundwater sustainability agency may enter into written agreements
and funding with a private party to assist in, or facilitate the
implementation of, a groundwater sustainability plan or any elements
of the plan.
(a) A groundwater sustainability agency that adopts a
groundwater sustainability plan may file an action to determine the
validity of the plan pursuant to Chapter 9 (commencing with Section
860) of Title 10 of Part 2 of the Code of Civil Procedure no sooner
than 180 days following the adoption of the plan.
(b) Subject to Sections 394 and 397 of the Code of Civil
Procedure, the venue for an action pursuant to this section shall be
the county in which the principal office of the groundwater
management agency is located.
(c) Any judicial action or proceeding to attack, review, set
aside, void, or annul the ordinance or resolution imposing a new, or
increasing an existing, fee imposed pursuant to Section 10730,
10730.2, or 10730.4 shall be commenced within 180 days following the
adoption of the ordinance or resolution.
(d) Any person may pay a fee imposed pursuant to Section 10730,
10730.2, or 10730.4 under protest and bring an action against the
governing body in the superior court to recover any money that the
governing body refuses to refund. Payments made and actions brought
under this section shall be made and brought in the manner provided
for the payment of taxes under protest and actions for refund of that
payment in Article 2 (commencing with Section 5140) of Chapter 5 of
Part 9 of Division 1 of the Revenue and Taxation Code, as applicable.
(e) Except as otherwise provided in this section, actions by a
groundwater sustainability agency are subject to judicial review
pursuant to Section 1085 of the Code of Civil Procedure.
(a) This part is in addition to, and not a limitation on,
the authority granted to a local agency under any other law. The
local agency may use the local agency's authority under any other law
to apply and enforce any requirements of this part, including, but
not limited to, the collection of fees.
(b) Nothing in this part shall be construed as authorizing a local
agency to make a binding determination of the water rights of any
person or entity, or to impose fees or regulatory requirements on
activities outside the boundaries of the local agency.
(c) Nothing in this part is a limitation on the authority of the
board, the department, or the State Department of Public Health.
(d) Notwithstanding Section 6103 of the Government Code, a state
or local agency that extracts groundwater shall be subject to a fee
imposed under this part to the same extent as any nongovernmental
entity.
(e) Except as provided in subdivision (d), this part does not
authorize a local agency to impose any requirement on the state or
any agency, department, or officer of the state. State agencies and
departments shall work cooperatively with a local agency on a
voluntary basis.
(f) Nothing in this chapter or a groundwater sustainability plan
shall be interpreted as superseding the land use authority of cities
and counties, including the city or county general plan, within the
overlying basin.
A groundwater sustainability plan shall take into account
the most recent planning assumptions stated in local general plans of
jurisdictions overlying the basin.