Chapter 10. State Evaluation And Assessment of California Water Code >> Division 6. >> Part 2.74. >> Chapter 10.
(a) The department shall periodically review the groundwater
sustainability plans developed by groundwater sustainability
agencies pursuant to this part to evaluate whether a plan conforms
with Sections 10727.2 and 10727.4 and is likely to achieve the
sustainability goal for the basin covered by the groundwater
sustainability plan.
(b) If a groundwater sustainability agency develops multiple
groundwater sustainability plans for a basin, the department shall
evaluate whether the plans conform with Sections 10727.2, 10727.4,
and 10727.6 and are together likely to achieve the sustainability
goal for the basin covered by the groundwater sustainability plans.
(c) The department shall evaluate whether a groundwater
sustainability plan adversely affects the ability of an adjacent
basin to implement their groundwater sustainability plan or impedes
achievement of sustainability goals in an adjacent basin.
(a) (1) By June 1, 2016, the department shall adopt
regulations for evaluating groundwater sustainability plans, the
implementation of groundwater sustainability plans, and coordination
agreements pursuant to this chapter.
(2) The regulations shall identify the necessary plan components
specified in Sections 10727.2, 10727.4, and 10727.6 and other
information that will assist local agencies in developing and
implementing groundwater sustainability plans and coordination
agreements.
(b) (1) The department may update the regulations, including to
incorporate the best management practices identified pursuant to
Section 10729.
(2) The regulations adopted pursuant to paragraph (1) of
subdivision (a) shall identify appropriate methodologies and
assumptions for baseline conditions concerning hydrology, water
demand, regulatory restrictions that affect the availability of
surface water, and unreliability of, or reductions in, surface water
deliveries to the agency or water users in the basin, and the impact
of those conditions on achieving sustainability. The baseline for
measuring unreliability and reductions shall include the historic
average reliability and deliveries of surface water to the agency or
water users in the basin.
(c) By June 1, 2016, the department shall adopt regulations for
evaluating alternatives submitted pursuant to Section 10733.6.
(d) 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.
(e) Before adopting the regulations pursuant to this section, 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.
(a) Upon adoption of a groundwater sustainability plan, a
groundwater sustainability agency shall submit the groundwater
sustainability plan to the department for review pursuant to this
chapter.
(b) If groundwater sustainability agencies develop multiple
groundwater sustainability plans for a basin, the submission required
by subdivision (a) shall not occur until the entire basin is covered
by groundwater sustainability plans. When the entire basin is
covered by groundwater sustainability plans, the groundwater
sustainability agencies shall jointly submit to the department all of
the following:
(1) The groundwater sustainability plans.
(2) An explanation of how the groundwater sustainability plans
implemented together satisfy Sections 10727.2, 10727.4, and 10727.6
for the entire basin.
(3) A copy of the coordination agreement between the groundwater
sustainability agencies to ensure the coordinated implementation of
the groundwater sustainability plans for the entire basin.
(c) Upon receipt of a groundwater sustainability plan, the
department shall post the plan on the department's Internet Web site
and provide 60 days for persons to submit comments to the department
about the plan.
(d) The department shall evaluate the groundwater sustainability
plan within two years of its submission by a groundwater
sustainability agency and issue an assessment of the plan. The
assessment may include recommended corrective actions to address any
deficiencies identified by the department.
(e) Nothing in this section shall be construed to prohibit a
groundwater sustainability agency from implementing a groundwater
sustainability plan prior to evaluation and assessment of the
groundwater sustainability plan by the department.
(a) If a local agency believes that an alternative
described in subdivision (b) satisfies the objectives of this part,
the local agency may submit the alternative to the department for
evaluation and assessment of whether the alternative satisfies the
objectives of this part for the basin.
(b) An alternative is any of the following:
(1) A plan developed pursuant to Part 2.75 (commencing with
Section 10750) or other law authorizing groundwater management.
(2) Management pursuant to an adjudication action.
(3) An analysis of basin conditions that demonstrates that the
basin has operated within its sustainable yield over a period of at
least 10 years. The submission of an alternative described by this
paragraph shall include a report prepared by a registered
professional engineer or geologist who is licensed by the state and
submitted under that engineer's or geologist's seal.
(c) A local agency shall submit an alternative pursuant to this
section no later than January 1, 2017, and every five years
thereafter.
(d) The assessment required by subdivision (a) shall include an
assessment of whether the alternative is within a basin that is in
compliance with Part 2.11 (commencing with Section 10920). If the
alternative is within a basin that is not in compliance with Part
2.11 (commencing with Section 10920), the department shall find the
alternative does not satisfy the objectives of this part.
At least every five years after initial submission of a
plan pursuant to Section 10733.4, the department shall review any
available groundwater sustainability plan or alternative submitted in
accordance with Section 10733.6, and the implementation of the
corresponding groundwater sustainability program for consistency with
this part, including achieving the sustainability goal. The
department shall issue an assessment for each basin for which a plan
or alternative has been submitted in accordance with this chapter,
with an emphasis on assessing progress in achieving the
sustainability goal within the basin. The assessment may include
recommended corrective actions to address any deficiencies identified
by the department.