AB 452: Water Rights Fund: groundwater regulation.
- Session Year: 2015-2016
- House: Assembly
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, except as specified. Existing law establishes groundwater reporting requirements for a person extracting groundwater in an area within a basin that is not within the management area of a groundwater sustainability agency or that is a probationary basin. Existing law establishes the Water Rights Fund, which consists of various fees and penalties.
This bill would establish the Groundwater Regulation Subaccount in the Water Rights Fund and would provide that moneys in the subaccount are available, upon appropriation by the Legislature, to the State Water Resources Control Board for the purpose of board enforcement of the provisions of the act.
Existing law authorizes the board to issue a cease and desist order in response to a violation or threatened violation of any decision or order of the board under the act or any extraction restriction, limitation, order, or regulation adopted or issued by the board under the act. Under existing law, a person who violates a cease and desist order of the board may be civilly liable, as prescribed.
Existing law establishes groundwater reporting requirements for a person extracting groundwater in an area within a basin that is not within the management area of a groundwater sustainability agency or that is a probationary basin. Existing law requires each report of groundwater extraction to be accompanied by a specified fee. Existing law subjects a person to civil liability if that person fails to file, as required, a report of groundwater extraction, tampers with a required measuring device, or makes a material misstatement in connection with the filing of a report of groundwater extraction. Existing law provides that the making of any willful misstatement in connection with these groundwater reporting requirements is a misdemeanor punishable as prescribed.
This bill would provide for the funds received under the above-described provisions to be deposited into the subaccount. prohibit water rights fees from being available for expenditure by the board for the purposes of board enforcement of the provisions of the act and the groundwater reporting requirements.
Discussed in Hearing
Assembly Standing Committee on Water, Parks, and Wildlife
Bill Author