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. The act authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency for that basin, as prescribed. The act requires a groundwater sustainability agency to consider the interests of all beneficial uses and users of groundwater, as well as those responsible for implementing groundwater sustainability plans, including, among other interests, holders of overlying groundwater rights, including agricultural users and domestic well owners.

This bill would specifically include farmers, ranchers, and dairy professionals in the agricultural users whose interests a groundwater sustainability agency is required to consider.

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. The act authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency for that basin, as prescribed. The act requires a groundwater sustainability agency to consider the interests of all beneficial uses and users of groundwater, as well as those responsible for implementing groundwater sustainability plans, including, among other interests, holders of overlying groundwater rights, including agricultural users and domestic well owners.

This bill would specifically include farmers, ranchers, and dairy professionals in the agricultural users whose interests a groundwater sustainability agency is required to consider.

Existing law, the Sustainable Groundwater Management Act, requires that all groundwater basins 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. The act authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency for that basin, as prescribed. The act requires that, prior to initiating the development of a groundwater sustainability plan, the groundwater sustainability agency make available to the public and the Department of Water Resources a written statement describing the manner in which interested parties may participate in the development and implementation of the groundwater sustainability plan, and requires the groundwater sustainability agency to encourage the active involvement of diverse social, cultural, and economic elements of the population within the groundwater basin prior to and during the development and implementation of the plan. The act requires a groundwater sustainability agency to consider the interests of all beneficial uses and users of groundwater, as well as those responsible for implementing groundwater sustainability plans, including, among other interests, holders of overlying groundwater rights, including agricultural users and domestic well owners.

This bill would additionally require the groundwater sustainability agency to solicit the participation of farmers, ranchers, and other qualified professionals within the groundwater basin prior to and during the development and implementation of the plan. specifically include farmers, ranchers, and dairy professionals in the agricultural users whose interests a groundwater sustainability agency is required to consider.

Existing law, the Sustainable Groundwater Management Act, requires that all groundwater basins 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. The act authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency for that basin, as prescribed. The act requires that, prior to initiating the development of a groundwater sustainability plan, the groundwater sustainability agency make available to the public and the Department of Water Resources a written statement describing the manner in which interested parties may participate in the development and implementation of the groundwater sustainability plan, and requires the groundwater sustainability agency to encourage the active involvement of diverse social, cultural, and economic elements of the population within the groundwater basin prior to and during the development and implementation of the plan.

This bill would additionally require the groundwater sustainability agency to solicit the participation of farmers, ranchers, and other qualified professionals within the groundwater basin prior to and during the development and implementation of the plan.

 THIRD READING  

Bill No: AB 321

Author:

:

Vote:

SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 6/13/17

AYES: Hertzberg, Stone, Allen, Atkins, Hueso, Jackson, Monning, Stern, Vidak

ASSEMBLY FLOOR: 75-1, 5/4/17 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill clarifies that agricultural groundwater users that hold overlying groundwater rights include farmers, ranchers, and dairy professionals.

ANALYSIS: Existing law, the Sustainable Groundwater Management Act (SGMA), requires groundwater sustainability agencies to consider the interests of all beneficial uses and users of groundwater, as well as those responsible for implementing groundwater sustainability plans. These interests specifically include, but are not limited to, holders of overlying groundwater rights, including:

1. Agricultural users.
2. Domestic well owners.

This bill clarifies that agricultural groundwater users holding overlying groundwater rights include farmers, ranchers, and dairy professionals.

Comments

Is This A Spot Bill? The author’s office asserts that it is not; that it helps address a controversy in the author’s district.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/14/17)

None received

OPPOSITION: (Verified 6/14/17)

None received

ARGUMENTS IN SUPPORT: According to the author, “AB 321 is a simple measure designed to ensure that the interests of all individuals affected by a GSA [groundwater sustainability agency] plan are considered in its formation and implementation. Too often the voices and knowledge of families and industries are ignored in efforts to streamline the formation of a groundwater plan. This cannot be allowed to continue. Rather, GSAs should draw upon the local knowledge in order to form a plan which benefits the basin and its residents.”

ASSEMBLY FLOOR: 75-1, 5/4/17

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Voepel, Waldron, Weber, Wood, Rendon

NOES: Ting

NO VOTE RECORDED: Travis Allen, Bigelow, Cristina Garcia, Patterson

Prepared by:

6/14/17 16:12:27

**** END ****

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Robert Hertzberg, Chair

2017 - 2018 Regular

Bill No: AB Hearing Date: June 13, 2017

Subject: Groundwater sustainability agencies

BACKGROUND AND EXISTING LAW

Under the Sustainable Groundwater Management Act (SGMA), groundwater sustainability agencies are required to consider the interests of all beneficial uses and users of groundwater, as well as those responsible for implementing groundwater sustainability plans.

These interests specifically include, but are not limited to, holders of overlying groundwater rights, including:

(1) Agricultural users.

(2) Domestic well owners.

PROPOSED LAW

This bill clarifies that agricultural groundwater user holding overlying groundwater rights includes farmers, ranchers, and dairy professionals.

ARGUMENTS IN SUPPORT

According to the author, “AB 321 is a simple measure designed to ensure that the interests of all individuals affected by a GSA plan are considered in its formation and implementation. Too often the voices and knowledge of families and industries are ignored in efforts to streamline the formation of a groundwater plan. This cannot be allowed to continue. Rather, GSAs should draw upon the local knowledge in order to form a plan which benefits the basin and its residents.”

ARGUMENTS IN OPPOSITION: None received

COMMENTS

Is This A Spot Bill? The author’s office asserts that it is not; that it helps address a controversy in the author’s district.

SUGGESTED AMENDMENTS: None

SUPPORT: None Received

OPPOSITION: None Received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 321

Author:(Mathis)

As Amended Ver:April 27, 2017

Majority vote

SUMMARY: This bill requires specific representation on Groundwater Sustainability Plans. Specifically, this bill:

Would require local groundwater sustainability agencies to solicit the participation of farmers, ranchers, and other qualified professionals within a groundwater basin prior to, and during development and implementation, of the groundwater sustainability plan.

EXISTING LAW:

1. Requires that all groundwater basins in critical overdraft be managed under a groundwater sustainability plan (GSP) by January 31, 2020, and requires all other groundwater basins designated as high- or medium- priority to be managed in a similar manner by January 31, 2022.
2. Authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency (GSA).
3. Requires, prior to initiating the development of a GSP, the GSA to make available to the public and the Department of Water Resources (DWR), a written statement describing the manner in which interested parties may participate in the development and implementation of the GSP, and requires the GSA to encourage the active involvement of diverse social, cultural, and economic elements of the population within the groundwater basins prior to, and during the development and implementation, of the plan.
4. Specifically, Water Code Section 10723.2 states that the GSA shall consider the interests of all beneficial uses and users of groundwater, as well as those responsible for implementing groundwater sustainability plans. These interests include, but are not limited to, all of the following:
   1. Holders of overlying groundwater rights, including: agricultural users, domestic well owners, municipal well operators, public water systems, local land use planning agencies, environmental users of water, and others, as specified.
5. Water Code Section 10723.4 requires the GSA to establish and maintain a list of interested parties for the purpose of receiving notices regarding plan preparation, meeting announcements, and the availability of draft plans, maps, and other relevant documents.

FISCAL EFFECT: None.

Background and Analysis.

Existing law specifies that agricultural users, which by definition includes farmers, ranchers, and other qualified professionals, be afforded the right to be considered in the development of the GSA. Further, the GSA, once set up, must provide a public document that discloses the manner in which all interested parties would participate in the development and implementation of the GSA. The GSA must, according to law, establish and maintain a list of persons interested in the plan preparation, meeting announcements and other public documents.

Should this bill move forward beyond this committee, the author should consider why current law, which encourages, and indeed mandates, the inclusive participation of interested parties, specifically agricultural interests, in the formation and implementation of a GSA, and development of the GSP, is not addressed under current law. Similarly, the proponents should consider whether Water Code Section 10723.4, which specifies GSA requirements for inclusion of interested parties in GSA announcements, map preparations, draft documents, and other relevant information, should be amended to provide specific types of participation from relevant parties.

Arguments in Support. Supporters argue that the diversity of agricultural users are not well represented within the newly formed GSAs. This bill, as drafted, would increase participation by specifying certain requirements of participation.

Arguments in Opposition. Those in opposition argue that current law requires the solicitation, participation, and active engagement of agricultural interests. They also suggest the Legislature give time for the Sustainable Groundwater Management Act to work properly at the local level, as designed.

Water, Parks and Wildlife Committee Amendments. Rather than adjusting the definition of GSA participation within Section 10727.8 of the Water Code, which is generally inclusive, the committee suggests amendments that would clarify the definition of "agricultural user," to include farmers, ranchers and dairy professionals. These amendments should clarify that all forms of agricultural user are, by definition, required to be included and informed, as specified in law, in the development and management of the GSA.

Analysis Prepared by: Catherine Freeman / W., P., & W. / FN: 0000218

Date of Hearing: April 25, 2017

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Eduardo Garcia, Chair

ABPCA Bill Id:AB 321 (

Author:Mathis) – As Introduced Ver:February 7, 2017

SUBJECT: Groundwater sustainability plans

SUMMARY: This bill requires specific representation on Groundwater Sustainability Plans. Specifically, this bill:

Would require local groundwater sustainability agencies to solicit the participation of farmers, ranchers, and other qualified professionals within a groundwater basin prior to, and during development and implementation, of the groundwater sustainability plan.

EXISTING LAW:

1. Requires that all groundwater basins in critical overdraft be managed under a groundwater sustainability plan (GSP) by January 31, 2020, and requires all other groundwater basins designated as high- or medium- priority to be managed in a similar manner by January 31, 2022.
2. Authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency (GSA).
3. Requires, prior to initiating the development of a GSP, the GSA to make available to the public and the Department of Water Resources (DWR), a written statement describing the manner in which interested parties may participate in the development and implementation of the GSP, and requires the GSA to encourage the active involvement of diverse social, cultural, and economic elements of the population within the groundwater basins prior to, and during the development and implementation, of the plan.
4. Specifically, Section 10723.2 of the Water Code states that the GSA shall consider the interests of all beneficial uses and users of groundwater, as well as those responsible for implementing groundwater sustainability plans. These interests include, but are not limited to, all of the following:

(a) Holders of overlying groundwater rights, including: agricultural users, domestic well owners, municipal well operators, public water systems, local land use planning agencies, environmental users of water, and others, as specified.

1. Section 10723.4 requires the GSA to establish and maintain a list of interested parties for the purpose of receiving notices regarding plan preparation, meeting announcements, and the availability of draft plans, maps, and other relevant documents.

FISCAL EFFECT: Unknown

COMMENTS:

Author’s Statement:

According to the author, this bill is designed to ensure that all individuals affected by a GSA plan are able, and encouraged, to participate in its formation and implementation. Too often the voices and knowledge of families and industries are ignored in efforts to streamline the formation of a groundwater plan. GSAs should draw upon the local knowledge in order to form a plan which benefits the basin and its residents.

Background and Analysis.

Existing law specifies that agricultural users, which by definition includes farmers, ranchers, and other qualified professionals, be afforded the right to be considered in the development of the GSA. Further, the GSA, once set up, must provide a public document that discloses the manner in which all interested parties would participate in the development and implementation of the GSA. The GSA must, according to law, establish and maintain a list of persons interested in the plan preparation, meeting announcements and other public documents.

Should this bill move forward beyond this committee, the author should consider why current law, which encourages, and indeed mandates, the inclusive participation of interested parties, specifically agricultural interests, in the formation and implementation of a GSA, and development of the GSP, is not addressed under current law. Similarly, the proponents should consider whether Water Code Section 10723.4, which specifies GSA requirements for inclusion of interested parties in GSA announcements, map preparations, draft documents, and other relevant information, should be amended to provide specific types of participation from relevant parties.

Arguments in Support. Supporters argue that the diversity of agricultural users are not well represented within the newly formed GSAs. This bill, as drafted, would increase participation by specifying certain requirements of participation.

Arguments in Opposition. Those in opposition argue that current law requires the solicitation, participation, and active engagement of agricultural interests. They also suggest the Legislature give time for SGMA to work properly at the local level, as designed.

Committee Amendments. Rather than adjusting the definition of GSA participation within Section 10727.8 of the Water Code, which is generally inclusive, the committee suggests amendments that would clarify the definition of “agricultural user,” to include farmers, ranchers and dairy professionals. These amendments should clarify that all forms of agricultural user are, by definition, required to be included and informed, as specified in law, in the development and management of the GSA.

REGISTERED SUPPORT / OPPOSITION:

Support

California Water Association (Support if amended)

Opposition

Association of California Water Agencies

Analysis Prepared by: Catherine Freeman / W., P., & W. /

Date of Hearing: March 21, 2017

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Eduardo Garcia, Chair

ABPCA Bill Id:AB 321 (

Author:Mathis) – As Introduced Ver:February 7, 2017

SUBJECT: Groundwater sustainability plans

SUMMARY: This bill requires specific representation on Groundwater Sustainability Plans.

Specifically, this bill: Would require local groundwater sustainability agencies to solicit the participation of farmers, ranchers, and other qualified professionals within a groundwater basin prior to, and during development and implementation, of the groundwater sustainability plan.

EXISTING LAW:

1. Requires that all groundwater basins in critical overdraft be managed under a groundwater sustainability plan (GSP) by January 31, 2020, and requires all other groundwater basins designated as high- or medium- priority to be managed in a similar manner by January 31, 2022.
2. Authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency (GSA).
3. Requires, prior to initiating the development of a GSP, the GSA to make available to the public and the Department of Water Resources (DWR), a written statement describing the manner in which interested parties may participate in the development and implementation of the GSP, and requires the GSA to encourage the active involvement of diverse social, cultural, and economic elements of the population within the groundwater basins prior to, and during the development and implementation, of the plan.
4. Specifically, Section 10723.2 of the Water Code states that the GSA shall consider the interests of all beneficial uses and users of groundwater, as well as those responsible for implementing groundwater sustainability plans. These interests include, but are not limited to, all of the following:
   1. (a) Holders of overlying groundwater rights, including: agricultural users, domestic well owners, municipal well operators, public water systems, local land use planning agencies, environmental users of water, and others, as specified.
5. Section 10723.4 requires the GSA to establish and maintain a list of interested parties for the purpose of receiving notices regarding plan preparation, meeting announcements, and the availability of draft plans, maps, and other relevant documents.

FISCAL EFFECT: Unknown

COMMENTS: Existing law specifies that agricultural users, which by definition includes farmers, ranchers, and other qualified professionals, be afforded the right to be considered in the development of the GSA. Further, the GSA, once set up, must provide a public document that discloses the manner in which all interested parties would participate in the development and implementation of the GSA. The GSA must, according to law, establish and maintain a list of persons interested in the plan preparation, meeting announcements and other public documents.

Should this bill move forward beyond this committee, the author should consider why current law, which encourages, and indeed mandates, the inclusive participation of interested parties, specifically agricultural interests, in the formation and implementation of a GSA, and development of the GSP, is not addressed under current law. Similarly, the proponents should consider whether Water Code Section 10723.4, which specifies GSA requirements for inclusion of interested parties in GSA announcements, map preparations, draft documents, and other relevant information, should be amended to provide specific types of participation from relevant parties.

Author’s statement: According to the author, this bill is designed to ensure that all individuals affected by a GSA plan are able, and encouraged, to participate in its formation and implementation. Too often the voices and knowledge of families and industries are ignored in efforts to streamline the formation of a groundwater plan. GSAs should draw upon the local knowledge in order to form a plan which benefits the basin and its residents.

REGISTERED SUPPORT / OPPOSITION:

Support

None received.

Opposition

None received.

Analysis Prepared by: Catherine Freeman / W., P., & W. /