SB 659: California Water Supply Solutions Act of 2023.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2023-10-08
Current Status:
Passed
(2023-10-08: Chaptered by Secretary of State. Chapter 624, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill directs the Department of Water Resources to include clear, actionable recommendations in future California Water Plan updates to expand groundwater recharge projects that increase the state’s underground water supply without cutting water needed for the environment. The plan must identify near‑term and long‑term multi‑benefit sites, estimate how much water could be recharged, map where recharge is safe for drinking water, list legal and financial hurdles or incentives, and consider likely costs and benefits.
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Existing law requires the Department of Water Resources to update every 5 years the plan for the orderly and coordinated control, protection, conservation, development, and use of the water resources of the state, which is known as The California Water Plan. Existing law requires the department to establish an advisory committee, composed of representatives of agricultural and urban water suppliers, local government, business, production agriculture, and environmental interests, and other interested parties, to assist the department in the updating of the California Water Plan. Existing law requires the department to include a discussion of various strategies in the plan update, including, but not limited to, strategies relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, water transfers, and alternative pricing policies that may be pursued in order to meet the future needs of the state.
This bill would establish the California Water Supply Solutions Act of 2023 to require the department, as part of the 2028 update, and each subsequent update thereafter to the California Water Plan, to provide actionable recommendations to develop additional groundwater recharge opportunities that increase the recharge of the states groundwater basins, as provided. The bill would require the department to consult with the State Water Resources Control Board, the 9 regional water quality control boards, and the advisory committee, which may be enlarged as provided, in carrying out these provisions. The bill would require the recommendations to identify immediate opportunities and potential long-term solutions to increase the states groundwater supply, and include, among other things, best practices to advance all benefits of groundwater recharge, as specified.
Existing law requires the Department of Water Resources to update every 5 years the plan for the orderly and coordinated control, protection, conservation, development, and use of the water resources of the state, which is known as The California Water Plan. Existing law requires the department to establish an advisory committee, composed of representatives of agricultural and urban water suppliers, local government, business, production agriculture, and environmental interests, and other interested parties, to assist the department in the updating of the California Water Plan. Existing law requires the department to include a discussion of various strategies in the plan update, including, but not limited to, strategies relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, water transfers, and alternative pricing policies that may be pursued in order to meet the future needs of the state.
This bill would establish the California Water Supply Solutions Act of 2023 to require the department, as part of the 2028 update, and each subsequent update thereafter to the California Water Plan, to provide actionable recommendations to develop additional groundwater recharge opportunities that increase the recharge of the states groundwater basins, as provided. The bill would require the department to consult with the State Water Resources Control Board, the 9 regional water quality control boards, and the advisory committee, which may be enlarged as provided, in carrying out these provisions. The bill would require the recommendations to identify immediate opportunities and potential long-term solutions to increase the states groundwater supply, and include, among other things, best practices to advance all benefits of groundwater recharge, as specified.
Existing law requires the Department of Water Resources to update every 5 years the plan for the orderly and coordinated control, protection, conservation, development, and use of the water resources of the state, which is known as The California Water Plan. Existing law requires the department to establish an advisory committee, composed of representatives of agricultural and urban water suppliers, local government, business, production agriculture, and environmental interests, and other interested parties, to assist the department in the updating of the California Water Plan. Existing law requires the department to include a discussion of various strategies in the plan update, including, but not limited to, strategies relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, water transfers, and alternative pricing policies that may be pursued in order to meet the future needs of the state. Existing law requires the department, or at the departments request, the California Water Commission, to conduct a series of hearings with interested persons, organizations, local, state, and federal agencies, and representatives of the diverse geographical areas and interests of the state.
This bill would establish the California Water Supply Solutions Act of 2023 to, among other things, require the department to develop a groundwater recharge action plan by January 1, 2026, as specified, that provides to require the department, as part of the 2028 update, and each subsequent update thereafter to the California Water Plan, to provide actionable recommendations that result in the ability to create to develop additional groundwater recharge capacity. opportunities that increase the recharge of the states groundwater basins, as provided. The bill would require the department to consult with the State Water Resources Control Board, the 9 regional water quality control boards, and the advisory committee, which may be enlarged as provided, in carrying out these provisions. The bill would require the groundwater recharge action plan recommendations to identify and make recommendations on immediate opportunities and potential long-term solutions to increase the states groundwater supply, and include, among other things, best practices to advance all benefits of groundwater recharge, as specified. The bill would require specified actions with regard to the groundwater recharge action plan, including, among other things, requiring the department to include it as part of the 2028 update to the California Water Plan and to update the groundwater recharge action plan at the same time that it prepares updates to the California Water Plan. The bill would require the department to establish a target for additional groundwater recharge capacity creation, to be used for planning purposes only, and to determine the target with consideration for other beneficial or environmental uses of water and water goals.
This bill would require a portion of the hearings related to the California Water Plan to be in regions of the state that have been impacted the most by drought, including, but not limited to, communities with minority populations, communities with low-income populations, agricultural communities, and water disparate communities.Existing law requires the Department of Water Resources to update every 5 years the plan for the orderly and coordinated control, protection, conservation, development, and use of the water resources of the state, which is known as The California Water Plan. Existing law requires the department to establish an advisory committee, composed of representatives of agricultural and urban water suppliers, local government, business, production agriculture, and environmental interests, and other interested parties, to assist the department in the updating of the California Water Plan. Existing law requires the department to include a discussion of various strategies in the plan update, including, but not limited to, strategies relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, water transfers, and alternative pricing policies that may be pursued in order to meet the future needs of the state. Existing law requires the department, or at the departments request, the California Water Commission, to conduct a series of hearings with interested persons, organizations, local, state, and federal agencies, and representatives of the diverse geographical areas and interests of the state.
This bill would establish the California Water Supply Solutions Act of 2023 to, among other things, require the department to develop a groundwater recharge action plan by January 1, 2026, as specified, that provides actionable recommendations that result in the ability to create additional groundwater recharge capacity. The bill would require the department to consult with the State Water Resources Control Board, the 9 regional water quality control boards, and the advisory committee, which may be enlarged as provided, in carrying out these provisions. The bill would require the groundwater recharge action plan to identify and make recommendations on immediate opportunities and potential long-term solutions to increase the states groundwater supply, as specified. The bill would require specified actions with regard to the groundwater recharge action plan, including, among other things, requiring the department to include it as part of the 2028 update to the California Water Plan and to update the groundwater recharge action plan at the same time that it prepares updates to the California Water Plan. The bill would require the department to establish a target for additional groundwater recharge capacity creation, to be used for planning purposes only, and to determine the target with consideration for other beneficial or environmental uses of water and water goals. The bill would require the department and the water boards, upon an appropriation or further action by the Legislature, to implement the recommendations identified in the groundwater recharge action plan that result in new infrastructure and institutional mechanisms in place that provide for the ability to create additional groundwater recharge capacity.
This bill would require a portion of the hearings related to the California Water Plan to be in regions of the state that have been impacted the most by drought, including, but not limited to, communities with minority populations, communities with low-income populations, agricultural communities, and water disparate communities.
Existing law requires the Department of Water Resources to update every 5 years the plan for the orderly and coordinated control, protection, conservation, development, and use of the water resources of the state, which is known as The California Water Plan. Existing law requires the department to establish an advisory committee, composed of representatives of agricultural and urban water suppliers, local government, business, production agriculture, and environmental interests, and other interested parties, to assist the department in the updating of the California Water Plan. Existing law requires the department to include a discussion of various strategies in the plan update, including, but not limited to, strategies relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, water transfers, and alternative pricing policies that may be pursued in order to meet the future needs of the state. Existing law requires the department, or at the departments request, the California Water Commission, to conduct a series of hearings with interested persons, organizations, local, state, and federal agencies, and representatives of the diverse geographical areas and interests of the state.
This bill would establish the California Water Supply Solutions Act of 2023 to, among other things, require the department to develop a groundwater recharge action plan by January 1, 2026, as specified, that provides actionable recommendations that result in the ability to create additional groundwater recharge capacity. The bill would require the department to consult with the State Water Resources Control Board, the 9 regional water quality control boards, and the advisory committee, which may be enlarged as provided, in carrying out these provisions. The bill would require the groundwater recharge action plan to identify and make recommendations on immediate opportunities and potential long-term solutions to increase the states groundwater supply, as specified. The bill would require specified actions with regard to the groundwater recharge action plan, including, among other things, requiring the department to include it as part of the 2028 update to the California Water Plan and to update the groundwater recharge action plan at the same time that they prepare it prepares updates to the California Water Plan. The bill would require the department to establish a target for additional groundwater recharge capacity creation, to be used for planning purposes only, and to determine the target with consideration for other beneficial or environmental uses of water and water goals. The bill would require the department and the water boards, upon an appropriation or further action by the Legislature, to implement the recommendations identified in the groundwater recharge action plan that result in new infrastructure and institutional mechanisms in place that provide for the ability to create additional groundwater recharge capacity.
This bill would require a portion of the hearings related to the California Water Plan to be in regions of the state that have been impacted the most by drought, including, but not limited to, communities with minority populations, communities with low-income populations, agricultural communities, and water disparate communities.
Existing law requires the Department of Water Resources to update every 5 years the plan for the orderly and coordinated control, protection, conservation, development, and use of the water resources of the state, which is known as The The California Water Plan. Plan. Existing law requires the department to establish an advisory committee, composed of representatives of agricultural and urban water suppliers, local government, business, production agriculture, and environmental interests, and other interested parties, to assist the department in the updating of the California Water Plan. Existing law requires the department to include a discussion of various strategies in the plan update, including, but not limited to, strategies relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, water transfers, and alternative pricing policies that may be pursued in order to meet the future needs of the state. Existing law requires the department, or at the departments request, the California Water Commission, to conduct a series of hearings with interested persons, organizations, local, state, and federal agencies, and representatives of the diverse geographical areas and interests of the state.
This bill would establish the California Water Supply Solutions Act of 2023 to, among other things, require the department to develop a groundwater recharge action plan by January 1, 2026, that provides actionable recommendations that result in the ability to create an additional groundwater recharge capacity of 10,000,000 acre-feet by December 31, 2035. capacity. The bill would require the department to consult with the State Water Resources Control Board, the 9 regional water quality control boards, and the advisory committee, which may be enlarged as provided, in carrying out these provisions. The bill would require the groundwater recharge action plan to identify and make recommendations on immediate opportunities and potential long-term solutions to increase the states groundwater supply, as specified. The bill would require specified actions with regard to the groundwater recharge action plan, including, among other things, requiring the department to include it as part of the 2028 update to the California Water Plan and to update the groundwater recharge action plan at the same time that they prepare updates to the California Water Plan. The bill would require the department and the water boards, upon an appropriation or further action by the Legislature, to implement the recommendations identified in the groundwater recharge action plan that result in new infrastructure and institutional mechanisms in place that provide for the ability to create an additional groundwater recharge capacity of 10,000,000 acre-feet by December 31, 2035. capacity.
This bill would require a portion of the hearings related to the California Water Plan to be in regions of the state that have been impacted the most by drought, including, but not limited to, communities with minority populations, communities with low-income populations, agricultural communities, and water disparate communities.
Existing law requires the Department of Water Resources to update every 5 years the plan for the orderly and coordinated control, protection, conservation, development, and use of the water resources of the state, which is known as The California Water Plan. Existing law requires the department to establish an advisory committee, composed of representatives of agricultural and urban water suppliers, local government, business, production agriculture, and environmental interests, and other interested parties, to assist the department in the updating of the California Water Plan. Existing law requires the department to include a discussion of various strategies in the plan update, including, but not limited to, strategies relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, water transfers, and alternative pricing policies that may be pursued in order to meet the future needs of the state. Existing law requires the department, or at the departments request, the California Water Commission, to conduct a series of hearings with interested persons, organizations, local, state, and federal agencies, and representatives of the diverse geographical areas and interests of the state.
This bill would establish the California Water Supply Solutions Act of 2023 to, among other things, achieve an increase of 10,000,000 acre-feet of annual groundwater recharge by December 31, 2035, in order to increase the states groundwater supply. The bill would require, on or before January 1, 2025, the department, in consultation with the water boards, as defined, to prepare and approve a groundwater recharge action plan to be included in the next update to the California Water Plan. require the department to develop a groundwater recharge action plan by January 1, 2026, that provides actionable recommendations that result in the ability to create an additional groundwater recharge capacity of 10,000,000 acre-feet by December 31, 2035. The bill would require the department to consult with the State Water Resources Control Board, the 9 regional water quality control boards, and the advisory committee, which may be enlarged as provided, in carrying out these provisions. The bill would require the groundwater recharge action plan to identify and make recommendations on immediate opportunities and potential long-term solutions to increase the states groundwater supply, as specified. The bill would require specified actions with regards regard to the groundwater recharge action plan, including, among other things, requiring the department and water boards department to include it as part of the 2028 update to the California Water Plan and to update the groundwater recharge action plan at the same time that they prepare updates to the California Water Plan. The bill would require, by December 31, 2035, the department and water boards require the department and the water boards, upon an appropriation or further action by the Legislature, to implement the recommendations identified in the groundwater recharge action plan that result in new infrastructure and institutional mechanisms in place that provide for the ability to create an additional average annual groundwater recharge amount capacity of 10,000,000 acre-feet. acre-feet by December 31, 2035.
This bill would require a portion of the hearings related to the California Water Plan to be in regions of the state that have been impacted the most by drought, including, but not limited to, communities with minority populations, communities with low-income populations, agricultural communities, and water disparate communities.
Existing law requires the Department of Water Resources to update every 5 years the plan for the orderly and coordinated control, protection, conservation, development, and use of the water resources of the state, which is known as The California Water Plan. Existing law requires the department to include a discussion of various strategies in the plan update, including, but not limited to, strategies relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, water transfers, and alternative pricing policies that may be pursued in order to meet the future needs of the state.
This bill would establish the California Water Supply Solutions Act of 2023 to, among other things, achieve an increase of 10,000,000 acre-feet of annual groundwater recharge by December 31, 2035, in order to increase the states groundwater supply. The bill would require, on or before January 1, 2025, the department, in consultation with the water boards, as defined, to prepare and approve a groundwater recharge action plan to be included in the next update to the California Water Plan. The bill would require the groundwater recharge action plan to identify and make recommendations on immediate opportunities and potential long-term solutions to increase the states groundwater supply, as specified. The bill would require specified actions with regards to the groundwater recharge action plan, including, among other things, requiring the department and water boards to update the groundwater recharge action plan at the same time that they prepare updates to the California Water Plan. The bill would require, by December 31, 2035, the department and water boards to implement the recommendations identified in the groundwater recharge action plan that result in new infrastructure and institutional mechanisms in place that provide for the ability to create an additional average annual groundwater recharge amount of 10,000,000 acre-feet.
Existing law establishes the Department of Water Resources within the Natural Resources Agency. Existing law provides that it is the policy of the state that groundwater resources be managed sustainably for long-term reliability and multiple economic, social, and environmental benefits for current and future beneficial uses.This bill would establish that it is the policy of the state to recharge groundwater by a minimum of 10 million acre-feet of water annually. The bill would require the department to promulgate regulations necessary to implement this policy.Existing law establishes the Department of Water Resources within the Natural Resources Agency. Existing law provides that it is the policy of the state that groundwater resources be managed sustainably for long-term reliability and multiple economic, social, and environmental benefits for current and future beneficial uses.
This bill would establish that it is the policy of the state to recharge groundwater by a minimum of 10 million acre-feet of water annually. The bill would require the department to promulgate regulations necessary to implement this policy.
This act shall be known, and may be cited, as the California Water Supply Solutions Act of 2023.
SEC. 2.Section 10004 of the Water Code is amended to read:10004.(a)The plan for the orderly and coordinated control, protection, conservation, development, and utilization of the water resources of the state which is set forth and described in Bulletin No. 1 of the State Water Resources Control Board entitled Water Resources of California, Bulletin No. 2 of the State Water Resources Control Board entitled, Water Utilization and Requirements of California, and Bulletin No. 3 of the department entitled, The California Water Plan, with any necessary amendments, supplements, and additions to the plan, shall be known as The California Water Plan.
(b)(1)The department shall update The California Water Plan on or before December 31, 2003, and every five years thereafter. The department shall report the amendments, supplements, and additions included in the updates of The California Water Plan, together with a summary of the departments conclusions and recommendations, to the Legislature in the session in which the updated plan is issued.
(2)(A)The department shall establish an advisory committee, comprised of representatives of agricultural and urban water suppliers, local government, business, production agriculture, and environmental interests, and other interested parties, to assist the department in the updating of The California Water Plan. The department shall consult with the advisory committee in carrying out this section. The department shall provide written notice of meetings of the advisory committee to any interested person or entity that request the notice. The meetings shall be open to the public.
(B)The department may add members to the advisory committee to carry out the purposes of Section 10004.7. Additional advisory committee members may include those from environmental justice sectors, local water supply agencies, and researchers and experts on climate science, climate science solutions, water storage, water conveyance, and environmental protection.
(3)The department shall release a preliminary draft of The California Water Plan, as updated, upon request, to interested persons and entities throughout the state for their review and comments. The department shall provide these persons and entities an opportunity to present written or oral comments on the preliminary draft. The department shall consider these comments in the preparation of the final publication of The California Water Plan, as updated.
SEC. 3.Section 10004.7 is added to the Water Code, to read:10004.7.(a)(1)The department, as part of the 2028 update, and each subsequent update thereafter, to The California Water Plan required pursuant to Section 10004, shall utilize its expertise in sustainable groundwater management to provide actionable recommendations to develop additional groundwater recharge opportunities that increase the recharge of the states groundwater basins without reducing the amount of water available for environmental purposes or any other purpose allowed under state law.
(2)The department shall consult with the state board, the nine regional water quality control boards, and the advisory committee established pursuant to subdivision (b) of Section 10004 in carrying out this section.
(3)The recommendations shall identify immediate opportunities and potential long-term solutions to increase the states groundwater supply, with a priority on multibenefit projects. The recommendations shall include all of the following:
(A)An estimate of the volume of recharge that could potentially be realized by the enactment of the recommendations.
(B)A discussion of the variability of the quantities of water potentially available for recharge given varying hydrogeologic environments.
(C)An identification of the legal and regulatory requirements for recharge projects.
(D)A discussion of the possible financial or regulatory incentives that could support the development of recharge projects.
(E)An identification of locations and a description of how groundwater recharge at those locations can protect access to safe drinking water and provide water quality benefits.
(F)An identification of best practices to advance all benefits of groundwater recharge, including, but not limited to:
(i)Analysis regarding where groundwater recharge will be effective and protective of access to safe drinking water consistent with Section 106.3.
(ii)Mapping that identifies areas where recharge is unlikely to degrade groundwater quality based on consideration of the quality and composition of the source water, the qualities of the soil upon which recharge will occur, and the proximity to drinking water wells.
(4)The department shall, to the extent feasible, evaluate the potential economic and noneconomic costs and benefits of implementing the recommendations.
(b)Nothing in this section shall do any of the following:
(1)Limit or reduce the existing surface storage of water.
(2)Affect or change any water right.
(3)Prioritize any one use of water over another use, define what is to be considered a beneficial use of water, or in any way influence how the increased supply of groundwater under this part shall be used.
(c)For purposes of this section, the following definitions shall apply:
(1)Groundwater recharge means a process where water moves down from the ground surface or the bottom of a waterway and infiltrates an underlying aquifer. Groundwater recharge actions include increasing the amount of raw, treated, or recycled water in the groundwater basins through human-controlled means, including, but not limited to, use of aquifer storage and recovery wells, injection wells, surface spreading basins, field flooding, stormwater capture, flood managed basins, and in-lieu recharge.
(2)Groundwater supply means water that at any point in time is being stored underground that is available for human use and environmental protection to sustain the states future.
This act shall be known, and may be cited, as the California Water Supply Solutions Act of 2023.
SEC. 2.Section 10004 of the Water Code is amended to read:10004.(a)The plan for the orderly and coordinated control, protection, conservation, development, and utilization of the water resources of the state which is set forth and described in Bulletin No. 1 of the State Water Resources Control Board entitled Water Resources of California, Bulletin No. 2 of the State Water Resources Control Board entitled, Water Utilization and Requirements of California, and Bulletin No. 3 of the department entitled, The California Water Plan, with any necessary amendments, supplements, and additions to the plan, shall be known as The California Water Plan.
(b)(1)The department shall update The California Water Plan on or before December 31, 2003, and every five years thereafter. The department shall report the amendments, supplements, and additions included in the updates of The California Water Plan, together with a summary of the departments conclusions and recommendations, to the Legislature in the session in which the updated plan is issued.
(2)(A)The department shall establish an advisory committee, comprised of representatives of agricultural and urban water suppliers, local government, business, production agriculture, and environmental interests, and other interested parties, to assist the department in the updating of The California Water Plan. The department shall consult with the advisory committee in carrying out this section. The department shall provide written notice of meetings of the advisory committee to any interested person or entity that request the notice. The meetings shall be open to the public.
(B)The department may add members to the advisory committee to carry out the purposes of Section 10004.7. Additional advisory committee members may include those from environmental justice sectors, local water supply agencies, and researchers and experts on climate science, climate science solutions, water storage, water conveyance, and environmental protection.
(3)The department shall release a preliminary draft of The California Water Plan, as updated, upon request, to interested persons and entities throughout the state for their review and comments. The department shall provide these persons and entities an opportunity to present written or oral comments on the preliminary draft. The department shall consider these comments in the preparation of the final publication of The California Water Plan, as updated.
SEC. 3.Section 10004.7 is added to the Water Code, to read:10004.7.(a)(1)The department, as part of the 2028 update, and each subsequent update thereafter, to The California Water Plan required pursuant to Section 10004, shall utilize its expertise in sustainable groundwater management to provide actionable recommendations to develop additional groundwater recharge opportunities that increase the recharge of the states groundwater basins without reducing the amount of water available for environmental purposes or any other purpose allowed under state law.
(2)The department shall consult with the state board, the nine regional water quality control boards, and the advisory committee established pursuant to subdivision (b) of Section 10004 in carrying out this section.
(3)The recommendations shall identify immediate opportunities and potential long-term solutions to increase the states groundwater supply, with a priority on multibenefit projects. The recommendations shall include all of the following:
(A)An estimate of the volume of recharge that could potentially be realized by the enactment of the recommendations.
(B)A discussion of the variability of the quantities of water potentially available for recharge given varying hydrogeologic environments.
(C)An identification of the legal and regulatory requirements for recharge projects.
(D)A discussion of the possible financial or regulatory incentives that could support the development of recharge projects.
(E)An identification of locations and a description of how groundwater recharge at those locations can protect access to safe drinking water and provide water quality benefits.
(F)An identification of best practices to advance all benefits of groundwater recharge, including, but not limited to:
(i)Analysis regarding where groundwater recharge will be effective and protective of access to safe drinking water consistent with Section 106.3.
(ii)Mapping that identifies areas where recharge is unlikely to degrade groundwater quality based on consideration of the quality and composition of the source water, the qualities of the soil upon which recharge will occur, and the proximity to drinking water wells.
(4)The department shall, to the extent feasible, evaluate the potential economic and noneconomic costs and benefits of implementing the recommendations.
(b)Nothing in this section shall do any of the following:
(1)Limit or reduce the existing surface storage of water.
(2)Affect or change any water right.
(3)Prioritize any one use of water over another use, define what is to be considered a beneficial use of water, or in any way influence how the increased supply of groundwater under this part shall be used.
(c)For purposes of this section, the following definitions shall apply:
(1)Groundwater recharge means a process where water moves down from the ground surface or the bottom of a waterway and infiltrates an underlying aquifer. Groundwater recharge actions include increasing the amount of raw, treated, or recycled water in the groundwater basins through human-controlled means, including, but not limited to, use of aquifer storage and recovery wells, injection wells, surface spreading basins, field flooding, stormwater capture, flood managed basins, and in-lieu recharge.
(2)Groundwater supply means water that at any point in time is being stored underground that is available for human use and environmental protection to sustain the states future.
This act shall be known, and may be cited, as the California Water Supply Solutions Act of 2023.
SEC. 2.The Legislature finds and declares all of the following:(a)Californias water usage is highly reliant on capturing the snow melt from the snowpack in the Sierra Nevada Region on an annual basis. That water is stored in lakes and reservoirs and is then transported throughout the state for environmental, residential, commercial, and agricultural use when needed.(b)In Californias coastal watersheds, groundwater is a significant contributor to streamflows that support coastal communities and ecosystems.(c)California has the most intricate and elaborate system of water conveyance in the world.(d)The State Water Project and the Central Valley Project are of critical importance to statewide water supply and provide water for approximately 30,000,000 people and nearly 4,000,000 acres of agricultural land.(e)Most California cities and farms as we know them today would not exist without the State Water Project and the Central Valley Project.(f)Climate change is resulting in a snowpack that is no longer reliable. Instead, California is experiencing infrequent storm events and long periods of drought. Californias precipitation is changing from seasonal snow in the Sierra Nevada Region to periods of substantial rainfall, like those from atmospheric rivers.(g)Climate change is a serious threat to the State Water Project and the Central Valley Project, and by extension, to our statewide water supply. These systems are projected to lose 10 percent of their water supplies by 2040. This would constitute a loss of 6,000,000 to 9,000,000 acre-feet of water annually, equivalent to the amount of water used to irrigate approximately 20 percent of all agricultural land in the state, or that is used by all of the residents, businesses, schools, parks, and sports fields in the state.(h)One necessary solution that can meet the scale of the problem is groundwater recharge.(i)The Department of Water Resources describes a statewide capacity in groundwater basins in the range of 1,000,000,000 acre-feet, or approximately 20 times the total surface water storage capacity statewide.(j)According to the Department of Water Resources, there is the potential for over 13,000,000 acre-feet of groundwater recharge in any given wet year, and more than 2,500,000 acre-feet of the currently available existing infrastructure is underutilized.(k) Groundwater recharge has the greatest capacity to meet the scale of this challenge and is also the lowest cost option per acre-foot.(l)Groundwater recharge can be environmentally friendly. Its utilization can provide benefits, including, but not limited to, water supply, flood control, and improved environmental conditions for rivers, wetlands, and habitats. For example, in a recent analysis of a central valley river, it was estimated that full implementation of groundwater recharge projects could simultaneously address 63 percent of water supply shortages and provide a 65-percent reduction in flood risk. Additionally, other groundwater recharge projects would prioritize storage in reservoirs, minimizing demand for surface water in dry conditions when that water is most valuable for environmental flows.(m)California must make a historic change in how water is provided for environmental, residential, commercial, and agricultural use when needed. Enhancing the ability to recharge groundwater is essential for current and future water management that is consistent with present-day values of equity and environmental stewardship. As the lowest cost option to meet the scale of water supply needs, groundwater recharge can best balanceequity challenges faced between affordability and access.(n)California must prioritize significantly increasing the recharge of groundwater by 2035 in order to avoid the severe impacts on water supplies coming by 2040.SEC. 3.SEC. 2.Section 10004 of the Water Code is amended to read:10004.(a)The plan for the orderly and coordinated control, protection, conservation, development, and utilization of the water resources of the state which is set forth and described in Bulletin No. 1 of the State Water Resources Control Board entitled Water Resources of California, Bulletin No. 2 of the State Water Resources Control Board entitled, Water Utilization and Requirements of California, and Bulletin No. 3 of the department entitled, The California Water Plan, with any necessary amendments, supplements, and additions to the plan, shall be known as The California Water Plan.
(b)(1)The department shall update The California Water Plan on or before December 31, 2003, and every five years thereafter. The department shall report the amendments, supplements, and additions included in the updates of The California Water Plan, together with a summary of the departments conclusions and recommendations, to the Legislature in the session in which the updated plan is issued.
(2)(A)The department shall establish an advisory committee, comprised of representatives of agricultural and urban water suppliers, local government, business, production agriculture, and environmental interests, and other interested parties, to assist the department in the updating of The California Water Plan. The department shall consult with the advisory committee in carrying out this section. The department shall provide written notice of meetings of the advisory committee to any interested person or entity that request the notice. The meetings shall be open to the public.
(B)The department, commencing on January 1, 2024, for purposes of Section 10004.7, department may add members to the advisory committee to carry out the purposes of that section. Section 10004.7. Additional advisory committee members may include those from environmental justice sectors, local water supply agencies, and researchers and experts on climate science, climate science solutions, water storage, water conveyance, and environmental protection.
(3)The department shall release a preliminary draft of The California Water Plan, as updated, upon request, to interested persons and entities throughout the state for their review and comments. The department shall provide these persons and entities an opportunity to present written or oral comments on the preliminary draft. The department shall consider these comments in the preparation of the final publication of The California Water Plan, as updated.
SEC. 4.SEC. 3.Section 10004.7 is added to the Water Code, to read:10004.7.(a)(1)By January 1, 2026, the department shall, utilizing Bulletin 118, as defined in Section 10721, develop a groundwater recharge action plan. The groundwater recharge action plan shall The department, as part of the 2028 update, and each subsequent update thereafter, to The California Water Plan required pursuant to Section 10004, shall utilize its expertise in sustainable groundwater management to provide actionable recommendations that result in the ability to create to develop additional groundwater recharge capacity in order to opportunities that increase the recharge of the states groundwater supply without reducing the amount of water available for environmental purposes or any other purposes allowed under existing state law. basins without reducing the amount of water available for environmental purposes or any other purpose allowed under state law.
(2)The department shall consult with the state board, the nine regional water quality control boards, and the advisory committee established pursuant to subdivision (b) of Section 10004 in carrying out this section.
(3)The groundwater recharge action plan shall identify and make recommendations on recommendations shall identify immediate opportunities and potential long-term solutions to increase the states groundwater supply, with a priority on multibenefit projects. The recommendations shall include all of the following:
(A)An estimate of the volume of recharge that could potentially be realized by the enactment of the recommendations.
(B)A discussion of the variability of the quantities of water potentially available for recharge given varying hydrogeologic environments.
(C)An identification of the legal and regulatory requirements for recharge projects.
(D)A discussion of the possible financial or regulatory incentives that could support the development of recharge projects.
(E)An identification of locations and a description of how groundwater recharge at those locations can protect access to safe drinking water and provide water quality benefits.
(F)An identification of best practices to advance all benefits of groundwater recharge, including, but not limited to:
(i)Analysis regarding where groundwater recharge will be effective and protective of access to safe drinking water consistent with Section 106.3.
(ii)Mapping that identifies areas where recharge is unlikely to degrade groundwater quality based on consideration of the quality and composition of the source water, the qualities of the soil upon which recharge will occur, and the proximity to drinking water wells.
(4)The department shall shall, to the extent feasible, evaluate the total potential economic and noneconomic costs and benefits of implementing the recommendations of the groundwater recharge action plan. recommendations.
(5)The plan shall include best practices identified by the department, including, but not limited to, both of the following:(A)Analysis regarding where groundwater recharge will be effective and protective of access to safe drinking water consistent with Section 106.3.(B)Mapping that identifies areas where recharge is unlikely to degrade groundwater quality based on consideration of the quality and composition of the source water, the qualities of the soil upon which recharge will occur, and the proximity to drinking water wells.(b)The department shall include the groundwater recharge action plan as a part of the 2028 update to The California Water Plan. Commencing with the 2033 update, the department, as a part of updating The California Water Plan every five years pursuant to subdivision (b) of Section 10004, shall update the groundwater recharge action plan.(c) The department shall establish a target for additional groundwater recharge capacity creation, to be used for planning purposes only. The target shall be determined with consideration for other beneficial or environmental uses of water and water goals. (d)(b)Nothing in this section shall do any of the following:
(1)Limit or reduce the existing surface storage of water.
(2)Affect or change any water right.
(3)Prioritize any one use of water over another use, define what is to be considered a beneficial use of water, or in any way influence how the increased supply of groundwater under this part shall be used.
(e)(c)For purposes of this section, the following definitions shall apply:
(1)Groundwater recharge means a process where water moves down from the ground surface or the bottom of a waterway and infiltrates an underlying aquifer. Groundwater recharge actions to increase include increasing the amount of raw, treated, or recycled water in the groundwater basins through human-controlled means, including, but not limited to, use of aquifer storage and recovery wells, injection wells, surface spreading basins, field flooding, stormwater capture, flood managed basins, and in-lieu recharge.
(2)Groundwater supply means water that at any point in time is being stored underground that is available for human use and environmental protection to sustain the states future.
SEC. 5.Section 10005.1 of the Water Code is amended to read:10005.1.(a)The department or, at the departments request, the California Water Commission, shall conduct a series of hearings with interested persons, organizations, local, state, and federal agencies, and representatives of the diverse geographical areas and interests of the state.(b)The department, commencing on January 1, 2024, for purposes of Section 10004.7, shall conduct a portion of the hearings in regions of the state that have been impacted the most by drought, including, but not limited to, communities with minority populations, communities with low-income populations, agricultural communities, and water disparate communities.This act shall be known, and may be cited, as the California Water Supply Solutions Act of 2023.
SEC. 2.The Legislature finds and declares all of the following:
(a)Californias water usage is highly reliant on capturing the snow melt from the snowpack in the Sierra Nevada Region on an annual basis. That water is stored in lakes and reservoirs and is then transported throughout the state for environmental, residential, commercial, and agricultural use when needed.
(b)In Californias coastal watersheds, groundwater is a significant contributor to streamflows that support coastal communities and ecosystems.
(c)California has the most intricate and elaborate system of water conveyance in the world.
(d)The State Water Project and the Central Valley Project are of transcendent critical importance to statewide water supply. supply and provide water for approximately 30,000,000 people and nearly 4,000,000 acres of agricultural land.
(e)The State Water Project and the Central Valley Project provide water for approximately 30,000,000 people and nearly 4,000,000 acres of agricultural land.(f)(e)Most California cities and farms as we know them today would not exist without the State Water Project and the Central Valley Project.
(g)(f)Climate change is resulting in a snowpack that is no longer reliable. Instead, California is experiencing infrequent storm events and long periods of drought. Californias precipitation is changing from seasonal snow in the Sierra Nevada Region to periods of substantial rainfall, like those from atmospheric rivers.
(h)(g)Climate change is a serious threat to the State Water Project and the Central Valley Project, and by extension, to our statewide water supply. These systems will are projected to lose 10 percent of their water supplies by 2040. This constitutes would constitute a loss of 6,000,000 to 9,000,000 acre-feet of water annually, or the equivalent of to the amount of water used to irrigate approximately 20 percent of all agricultural land in the state, or that is used by all of the residents, businesses, schools, parks, and sports fields in the state.
(i)As of 2023, one(h)One necessary solution that can meet the scale of the problem is groundwater recharge.
(j)(i)The Department of Water Resources describes a statewide capacity in groundwater basins in the range of 1,000,000,000 acre-feet, or approximately 20 times the total surface water storage capacity statewide.
(k)(j)According to the Department of Water Resources, there is the potential for over 13,000,000 acre-feet of groundwater recharge in any given wet year, with and more than 2,500,000 acre-feet of the currently available existing infrastructure that could currently be available, but that is underutilized.
(l)(k)Groundwater recharge has the greatest capacity to meet the scale of this challenge and is also the lowest cost option per acre-foot.
(m)(l)Groundwater recharge can be environmentally friendly. Its utilization can provide benefits, including, but not limited to, water supply, flood control, and improved environmental conditions for rivers, wetlands, and habitat. habitats. For example, in a recent analysis of a central valley river, it was estimated that full implementation of groundwater recharge projects could simultaneously address 63 percent of water supply shortages and provide a 65-percent reduction in flood risk. Additionally, other groundwater recharge projects would prioritize storage in reservoirs, minimizing demand for surface water in dry conditions when that water is most valuable for environmental flows.
(n)(m)California must make a historic change in how water is provided for environmental, residential, commercial, and agricultural use when needed. Enhancing the ability to recharge groundwater is essential for current and future water management that is consistent with present-day values of equity and environmental stewardship. As the lowest cost option to meet the scale of water supply needs, groundwater recharge can best balance equity challenges faced between affordability and access.
(o)(n)California must prioritize significantly increasing the recharge of groundwater by 2035 in order to avoid the severe impacts on water supplies coming by 2040.
SEC. 3.Section 10004 of the Water Code is amended to read:10004.(a)The plan for the orderly and coordinated control, protection, conservation, development, and utilization of the water resources of the state which is set forth and described in Bulletin No. 1 of the State Water Resources Control Board entitled Water Resources of California, Bulletin No. 2 of the State Water Resources Control Board entitled, Water Utilization and Requirements of California, and Bulletin No. 3 of the department entitled, The California Water Plan, with any necessary amendments, supplements, and additions to the plan, shall be known as The California Water Plan.
(b)(1)The department shall update The California Water Plan on or before December 31, 2003, and every five years thereafter. The department shall report the amendments, supplements, and additions included in the updates of The California Water Plan, together with a summary of the departments conclusions and recommendations, to the Legislature in the session in which the updated plan is issued.
(2)(A)The department shall establish an advisory committee, comprised of representatives of agricultural and urban water suppliers, local government, business, production agriculture, and environmental interests, and other interested parties, to assist the department in the updating of The California Water Plan. The department shall consult with the advisory committee in carrying out this section. The department shall provide written notice of meetings of the advisory committee to any interested person or entity that request the notice. The meetings shall be open to the public.
(B)The department, commencing on January 1, 2024, for purposes of Section 10004.7, may add members to the advisory committee to carry out the purposes of that section. Additional advisory committee members may include those from environmental justice sectors, local water supply agencies, and researchers and experts on climate science, climate science solutions, water storage, water conveyance, and environmental protection.
(3)The department shall release a preliminary draft of The California Water Plan, as updated, upon request, to interested persons and entities throughout the state for their review and comments. The department shall provide these persons and entities an opportunity to present written or oral comments on the preliminary draft. The department shall consider these comments in the preparation of the final publication of The California Water Plan, as updated.
SEC. 4.Section 10004.7 is added to the Water Code, to read:10004.7.(a)(1)By January 1, 2026, the department shall, utilizing Bulletin 118, as defined in Section 10721, develop a groundwater recharge action plan. The groundwater recharge action plan shall provide actionable recommendations that result in the ability to create additional groundwater recharge capacity in order to increase the states groundwater supply without reducing the amount of water available for environmental purposes or any other purposes allowed under existing state law.
(2)The department shall consult with the state board, the nine regional water quality control boards, and the advisory committee established pursuant to subdivision (b) of Section 10004 in carrying out this section.
(3)The groundwater recharge action plan shall identify and make recommendations on immediate opportunities and potential long-term solutions to increase the states groundwater supply, with a priority on multibenefit projects.
(4)The department shall evaluate the total potential economic and noneconomic costs and benefits of implementing the recommendations of the groundwater recharge action plan.
(5)The plan shall include best practices identified by the department, including, but not limited to, both of the following:
(A)Analysis regarding where groundwater recharge will be effective and protective of access to safe drinking water consistent with Section 106.3.
(B)Mapping that identifies areas where recharge is unlikely to degrade groundwater quality based on consideration of the quality and composition of the source water, the qualities of the soil upon which recharge will occur, and the proximity to drinking water wells.
(b)The department shall include the groundwater recharge action plan as a part of the 2028 update to The California Water Plan. Commencing with the 2033 update, the department, as a part of updating The California Water Plan every five years pursuant to subdivision (b) of Section 10004, shall update the groundwater recharge action plan.
(c)The department, the state board, and the regional boards shall implement, upon an appropriation or other further action by the Legislature, the recommendations identified in the groundwater recharge action plan that result in new infrastructure and institutional mechanisms in place that provide for the ability to create additional groundwater recharge capacity.(d)(c)The department shall establish a target for additional groundwater recharge capacity creation, to be used for planning purposes only. The target shall be determined with consideration for other beneficial or environmental uses of water and water goals.
(e)(d)Nothing in this section shall do any of the following:
(1)Limit or reduce the existing surface storage of water.
(2)Affect or change any water right.
(3)Prioritize any one use of water over another use, define what is to be considered a beneficial use of water, or in any way influence how the increased supply of groundwater under this part shall be used.
(f)(e)For purposes of this section, the following definitions shall apply:
(1)Groundwater recharge means actions to increase the amount of raw, treated, or recycled water in the groundwater basins through human-controlled means, including, but not limited to, use of aquifer storage and recovery wells, injection wells, surface spreading basins, field flooding, stormwater capture, flood managed basins, and in-lieu recharge.
(2)Groundwater supply means water that at any point in time is being stored underground that is available for human use and environmental protection to sustain the states future.
SEC. 5.Section 10005.1 of the Water Code is amended to read:10005.1.(a)The department or, at the departments request, the California Water Commission, shall conduct a series of hearings with interested persons, organizations, local, state, and federal agencies, and representatives of the diverse geographical areas and interests of the state.
(b)The department, commencing on January 1, 2024, for purposes of Section 10004.7, shall conduct a portion of the hearings in regions of the state that have been impacted the most by drought, including, but not limited to, communities with minority populations, communities with low-income populations, agricultural communities, and water disparate communities.
This act shall be known, and may be cited, as the California Water Supply Solutions Act of 2023.
SEC. 2.The Legislature finds and declares all of the following:
(a)Californias water usage is highly reliant on capturing the snow melt from the snowpack in the Sierra Nevada Region on an annual basis. That water is stored in lakes and reservoirs and is then transported throughout the state for environmental, residential, commercial, and agricultural use when needed.
(b)In Californias coastal watersheds, groundwater is a significant contributor to streamflows that support coastal communities and ecosystems.
(c)California has the most intricate and elaborate system of water conveyance in the world.
(d)The State Water Project and the Central Valley Project are of transcendent importance to statewide water supply.
(e)The State Water Project and the Central Valley Project provide water for approximately 30,000,000 people and nearly 4,000,000 acres of agricultural land.
(f)Most California cities and farms as we know them today would not exist without the State Water Project and the Central Valley Project.
(g)Climate change is resulting in a snowpack that is no longer reliable. Instead, California is experiencing infrequent storm events and long periods of drought. Californias precipitation is changing from seasonal snow in the Sierra Nevada Region to periods of substantial rainfall, like those from atmospheric rivers.
(h)Climate change is a serious threat to the State Water Project and the Central Valley Project, and by extension, to our statewide water supply. These systems will lose 10 percent of their water supplies by 2040. This constitutes a loss of 6,000,000 to 9,000,000 acre-feet of water annually, or the equivalent of the amount of water used to irrigate approximately 20 percent of all agricultural land in the state, or by all of the residents, businesses, schools, parks, and sports fields in the state.
(i)As of 2023, one necessary solution that can meet the scale of the problem is groundwater recharge.
(j)The Department of Water Resources describes a statewide capacity in groundwater basins in the range of 1,000,000,000 acre-feet, or approximately 20 times the total surface water storage capacity statewide.
(k)According to the Department of Water Resources, there is the potential for over 13,000,000 acre-feet of groundwater recharge in any given wet year, with more than 2,500,000 acre-feet of existing infrastructure that could currently be available, but that is underutilized.
(l)Groundwater recharge has the greatest capacity to meet the scale of this challenge and is also the lowest cost option per acre-foot.
(m)Groundwater recharge can be environmentally friendly. Its utilization can provide benefits, including, but not limited to, water supply, flood control, and improved environmental conditions for rivers, wetlands, and habitat. For example, in a recent analysis of a central valley river, it was estimated that full implementation of groundwater recharge projects could simultaneously address 63 percent of water supply shortages and provide a 65-percent reduction in flood risk. Additionally, other groundwater recharge projects would prioritize storage in reservoirs, minimizing demand for surface water in dry conditions when that water is most valuable for environmental flows.
(n)California must make a historic change in how water is provided for environmental, residential, commercial, and agricultural use when needed. Enhancing the ability to recharge groundwater is essential for current and future water management that is consistent with present-day values of equity and environmental stewardship. As the lowest cost option to meet the scale of water supply needs, groundwater recharge can best balance equity challenges faced between affordability and access.
(o)California must prioritize significantly increasing the recharge of groundwater by 2035 in order to avoid the severe impacts on water supplies coming by 2040.
SEC. 3.Section 10004 of the Water Code is amended to read:10004.(a)The plan for the orderly and coordinated control, protection, conservation, development, and utilization of the water resources of the state which is set forth and described in Bulletin No. 1 of the State Water Resources Control Board entitled Water Resources of California, Bulletin No. 2 of the State Water Resources Control Board entitled, Water Utilization and Requirements of California, and Bulletin No. 3 of the department entitled, The California Water Plan, with any necessary amendments, supplements, and additions to the plan, shall be known as The California Water Plan.
(b)(1)The department shall update The California Water Plan on or before December 31, 2003, and every five years thereafter. The department shall report the amendments, supplements, and additions included in the updates of The California Water Plan, together with a summary of the departments conclusions and recommendations, to the Legislature in the session in which the updated plan is issued.
(2)(A)The department shall establish an advisory committee, comprised of representatives of agricultural and urban water suppliers, local government, business, production agriculture, and environmental interests, and other interested parties, to assist the department in the updating of The California Water Plan. The department shall consult with the advisory committee in carrying out this section. The department shall provide written notice of meetings of the advisory committee to any interested person or entity that request the notice. The meetings shall be open to the public.
(B)The department, commencing on the effective date January 1, 2024, for purposes of Section 10004.7, may add members to the advisory committee to carry out the purposes of that section. Additional advisory committee members may include those from environmental justice sectors, local water supply agencies, and researchers and experts on climate science, climate science solutions, water storage, water conveyance, and environmental protection.
(3)The department shall release a preliminary draft of The California Water Plan, as updated, upon request, to interested persons and entities throughout the state for their review and comments. The department shall provide these persons and entities an opportunity to present written or oral comments on the preliminary draft. The department shall consider these comments in the preparation of the final publication of The California Water Plan, as updated.
SEC. 4.Section 10004.7 is added to the Water Code, to read:10004.7.(a)(1)By January 1, 2026, the department shall shall, utilizing Bulletin 118, as defined in Section 10721, develop a groundwater recharge action plan. The groundwater recharge action plan shall provide actionable recommendations that result in the ability to create additional groundwater recharge capacity in order to increase the states groundwater supply without reducing the amount of water available for environmental purposes or any other purposes allowed under existing state law.
(2)The department shall consult with the state board, the nine regional water quality control boards, and the advisory committee established pursuant to subdivision (b) of Section 10004 in carrying out this section.
(3)The groundwater recharge action plan shall identify and make recommendations on immediate opportunities and potential long-term solutions to increase the states groundwater supply, with a priority on multibenefit projects.
(4)The department shall evaluate the total potential economic and noneconomic costs and benefits of implementing the recommendations of the groundwater recharge action plan.
(5)The plan shall include best practices identified by the department, including, but not limited to, both of the following:
(A)Analysis regarding where groundwater recharge will be effective and protective of access to safe drinking water consistent with Section 106.3.
(B)Mapping that identifies areas where recharge is unlikely to degrade groundwater quality based on consideration of the quality and composition of the source water, the qualities of the soil upon which recharge will occur, and the proximity to drinking water wells.
(b)The department shall include the groundwater recharge action plan as a part of the 2028 update to The California Water Plan. Commencing with the 2033 update, the department, as a part of updating The California Water Plan every five years pursuant to subdivision (b) of Section 10004, shall update the groundwater recharge action plan.
(c)The department, the state board, and the regional boards shall implement, upon an appropriation or other further action by the Legislature, the recommendations identified in the groundwater recharge action plan that result in new infrastructure and institutional mechanisms in place that provide for the ability to create additional groundwater recharge capacity.
(d)The department shall establish a target for additional groundwater recharge capacity creation, to be used for planning purposes only. The target shall be determined with consideration for other beneficial or environmental uses of water and water goals.
(d)(e)Nothing in this section shall do any of the following:
(1)Limit or reduce the existing surface storage of water.
(2)Affect or change any water right.
(3)Prioritize any one use of water over another use, define what is to be considered a beneficial use of water, or in any way influence how the increased supply of groundwater under this part shall be used.
(e)(f)For purposes of this section, the following definitions shall apply:
(1)Groundwater recharge means actions to increase the amount of raw, treated, or recycled water in the groundwater basins through human-controlled means, including, but not limited to, use of aquifer storage and recovery wells, injection wells, surface spreading basins, field flooding, stormwater capture, flood managed basins, and in-lieu charge. recharge.
(2)Groundwater supply means water that at any point in time is being stored underground that is available for human use and environmental protection to sustain the states future.
SEC. 5.Section 10005.1 of the Water Code is amended to read:10005.1.(a)The department or, at the departments request, the California Water Commission, shall conduct a series of hearings with interested persons, organizations, local, state, and federal agencies, and representatives of the diverse geographical areas and interests of the state.
(b)The department, commencing on the effective date January 1, 2024, for purposes of Section 10004.7, shall conduct a portion of the hearings in regions of the state that have been impacted the most by drought, including, but not limited to, communities with minority populations, communities with low-income populations, agricultural communities, and water disparate communities.
This act shall be known, and may be cited, as the California Water Supply Solutions Act of 2023.
SEC. 2.The Legislature finds and declares all of the following:
(a)Californias water usage is highly reliant on capturing the snow melt from the snowpack in the Sierra Nevada Region on an annual basis. That water is stored in lakes and reservoirs and is then transported throughout the state for environmental, residential, commercial, and agricultural use when needed.
(b)In Californias coastal watersheds, groundwater is a significant contributor to stream flows streamflows that support coastal communities and ecosystems.
(c)California has the most intricate and elaborate system of water conveyance in the world.
(d)The State Water Project and the Central Valley Project are of transcendent importance to statewide water supply.
(e)The State Water Project and the Central Valley Project provide water for approximately 30,000,000 people and nearly 4,000,000 acres of agricultural land.
(f)Most California cities and farms as we know them today would not exist without the State Water Project and the Central Valley Project.
(g)Climate change is resulting in a snowpack that is no longer reliable. Instead, California is experiencing infrequent storm events and long periods of drought. Californias precipitation is changing from seasonal snow in the Sierra Nevada Region to periods of substantial rainfall, like those from atmospheric rivers.
(h)Climate change is a serious threat to the State Water Project and the Central Valley Project, and by extension, to our statewide water supply. These systems will lose 10 percent of their water supplies by 2040. This constitutes a loss of 6,000,000 to 9,000,000 acre-feet of water annually, or the equivalent of the amount of water used to irrigate approximately 20 percent of all agricultural land in the state, or by all of the residents, businesses, schools, parks, and sports fields in the state.
(i)As of 2023, one necessary solution that can meet the scale of the problem is groundwater recharge.
(j)The Department of Water Resources describes a statewide capacity in groundwater basins in the range of 1,000,000,000 acre-feet, or approximately 20 times the total surface water storage capacity statewide.
(k)According to the Department of Water Resources, there is the potential for over 13,000,000 acre-feet of groundwater recharge in any given wet year, with more than 2,500,000 acre-feet of existing infrastructure that could currently be available, but that is underutilized.
(l)Groundwater recharge has the greatest capacity to meet the scale of this challenge and is also the lowest cost option per acre-foot.
(m)Groundwater recharge can be environmentally friendly. Its utilization can provide benefits, including, but not limited to, water supply, flood control, and improved environmental conditions for rivers, wetlands, and habitat. For example, in a recent analysis of a central valley river, it was estimated that full implementation of groundwater recharge projects could simultaneously address 63 percent of water supply shortages and provide a 65-percent reduction in flood risk. Additionally, other groundwater recharge projects would prioritize storage in reservoirs, minimizing demand for surface water in dry conditions when that water is most valuable for environmental flows.
(n)California must make a historic change in how water is provided for environmental, residential, commercial, and agricultural use when needed. Enhancing the ability to recharge groundwater is essential for current and future water management that is consistent with present-day values of equity and environmental stewardship. As the lowest cost option to meet the scale of water supply needs, groundwater recharge can best balance equity challenges faced between affordability and access.
(o)California must prioritize significantly increasing the recharge of groundwater by 2035 in order to avoid the severe impacts on water supplies coming by 2040.
SEC. 3.Section 10004 of the Water Code is amended to read:10004.(a)The plan for the orderly and coordinated control, protection, conservation, development, and utilization of the water resources of the state which is set forth and described in Bulletin No. 1 of the State Water Resources Board entitled Water Resources of California, Bulletin No. 2 of the State Water Resources Board entitled, Water Utilization and Requirements of California, and Bulletin No. 3 of the department entitled, The California Water Plan, with any necessary amendments, supplements, and additions to the plan, shall be known as The California Water Plan.
(b)(1)The department shall update The California Water Plan on or before December 31, 2003, and every five years thereafter. The department shall report the amendments, supplements, and additions included in the updates of The California Water Plan, together with a summary of the departments conclusions and recommendations, to the Legislature in the session in which the updated plan is issued.
(2)(A)The department shall establish an advisory committee, comprised of representatives of agricultural and urban water suppliers, local government, business, production agriculture, and environmental interests, and other interested parties, to assist the department in the updating of The California Water Plan. The department shall consult with the advisory committee in carrying out this section. The department shall provide written notice of meetings of the advisory committee to any interested person or entity that request the notice. The meetings shall be open to the public.
(B)The department, commencing on the effective date of Section 10004.7, may add members to the advisory committee to carry out the purposes of that section. Additional advisory committee members may include those from environmental justice sectors, local water supply agencies, and researchers and experts on climate science, climate science solutions, water storage, water conveyance, and environmental protection.
(3)The department shall release a preliminary draft of The California Water Plan, as updated, upon request, to interested persons and entities throughout the state for their review and comments. The department shall provide these persons and entities an opportunity to present written or oral comments on the preliminary draft. The department shall consider these comments in the preparation of the final publication of The California Water Plan, as updated.
SEC. 4.Section 10004.7 is added to the Water Code, to read:10004.7.(a)(1)By January 1, 2026, the department shall develop a groundwater recharge action plan. The groundwater recharge action plan shall provide actionable recommendations that result in the ability to create an additional groundwater recharge capacity of 10,000,000 acre-feet by December 31, 2035, in order to increase the states groundwater supply without reducing the amount of water available for environmental purposes or any other purposes allowed under existing state law.
(2)The department shall consult with the state board, the nine regional water quality control boards, and the advisory committee established pursuant to subdivision (b) of Section 10004 in carrying out this section.
(3)The groundwater recharge action plan shall identify and make recommendations on immediate opportunities and potential long-term solutions to increase the states groundwater supply, with a priority on multibenefit projects.
(4)The department shall evaluate the total potential economic and noneconomic costs and benefits of implementing the recommendations of the groundwater recharge action plan.
(5)The plan shall include best practices identified by the department, including, but not limited to, both of the following:
(A)Analysis regarding where groundwater recharge will be effective and protective of access to safe drinking water consistent with Section 106.3.
(B)Mapping that identifies areas where recharge is unlikely to degrade groundwater quality based on consideration of the quality and composition of the source water, the qualities of the soil upon which recharge will occur, and the proximity to drinking water wells.
(b)The department shall include the groundwater recharge action plan as a part of the 2028 update to the The California Water Plan. Commencing with the 2033 update, the department, as a part of updating the The California Water Plan every five years pursuant to subdivision (b) of Section 10004, shall update the groundwater recharge action plan.
(c)The department, the state board, and the regional boards shall implement, upon an appropriation or other further action by the Legislature, the recommendations identified in the groundwater recharge action plan that result in new infrastructure and institutional mechanisms in place that provide for the ability to create an additional groundwater recharge capacity of 10,000,000 acre-feet by December 31, 2035. capacity.
(d)Nothing in this section shall do any of the following:
(1)Limit or reduce the existing surface storage of water.
(2)Affect or change any water right.
(3)Prioritize any one use of water over another use, define what is to be considered a beneficial use of water, or in any way influence how the increased supply of groundwater under this part shall be used.
(e)For purposes of this section, the following definitions shall apply:
(1)Groundwater recharge means actions to increase the amount of raw, treated, or recycled water in the groundwater basins through human-controlled means, including, but not limited to, use of aquifer storage and recovery wells, injection wells, surface spreading basins, field flooding, storm water stormwater capture, flood managed basins, and in-lieu charge.
(2)Groundwater supply means water that at any point in time is being stored underground that is available for human use and environmental protection to sustain the states future.
SEC. 5.Section 10005.1 of the Water Code is amended to read:10005.1.(a)The department or, at the departments request, the California Water Commission, shall conduct a series of hearings with interested persons, organizations, local, state, and federal agencies, and representatives of the diverse geographical areas and interests of the state.
(b)The department, commencing on the effective date of Section 10004.7, shall conduct a portion of the hearings in regions of the state that have been impacted the most by drought, including, but not limited to, communities with minority populations, communities with low-income populations, agricultural communities, and water disparate communities.
This act shall be known, and may be cited, as the California Water Supply Solutions Act of 2023.
SEC. 2.The Legislature finds and declares all of the following:
(a)Californias water usage is highly reliant on capturing the snow melt from the snowpack in the Sierra Nevada Region on an annual basis. That water is stored in lakes and reservoirs and is then transported throughout the state for environmental, residential, commercial, and agricultural use when needed.
(b)In Californias coastal watersheds, groundwater is a significant contributor to stream flows that support coastal communities and ecosystems.
(c)California has the most intricate and elaborate system of water conveyance in the world.
(d)The State Water Project and the Central Valley Project are of transcendent importance to statewide water supply.
(e)The State Water Project and the Central Valley Project provide water for approximately 30,000,000 people and nearly 4,000,000 acres of agricultural land.
(f)Most California cities and farms as we know them today would not exist without the State Water Project and the Central Valley Project.
(g)Climate change is resulting in a snowpack that is no longer reliable. Instead, California is experiencing infrequent storm events and long periods of drought. Californias precipitation is changing from seasonal snow in the Sierra Nevada Region to periods of substantial rainfall, like those from atmospheric rivers.
(h)Climate change is a serious threat to the State Water Project and the Central Valley Project, and by extension, to our statewide water supply. These systems will lose 10 percent of their water supplies by 2040. This constitutes a loss of 6,000,000 to 9,000,000 acre-feet of water annually, or the equivalent of the amount of water used to irrigate approximately 20 percent of all agricultural land in the state, or by all of the residents, businesses, schools, parks, and sports fields in the state.
(i)As of 2023, one necessary solution that can meet the scale of the problem is groundwater recharge.
(j)The Department of Water Resources describes a statewide capacity in groundwater basins in the range of 1,000,000,000 acre-feet, or approximately 20 times the total surface water storage capacity statewide.
(k)According to the Department of Water Resources, there is the potential for over 13,000,000 acre-feet of groundwater recharge in any given wet year, with more than 2,500,000 acre-feet of existing infrastructure that could currently be available, but that is underutilized.
(l)Groundwater recharge has the greatest capacity to meet the scale of this challenge and is also the lowest cost option per acre-foot.
(m)Groundwater recharge can be environmentally friendly. Its utilization can provide benefits, including, but not limited to, water supply, flood control, and improved environmental conditions for rivers, wetlands, and habitat. For example, in a recent analysis of a central valley river, it was estimated that full implementation of groundwater recharge projects could simultaneously address 63 percent of water supply shortages and provide a 65-percent reduction in flood risk. Additionally, other groundwater recharge projects would prioritize storage in reservoirs, minimizing demand for surface water in dry conditions when that water is most valuable for environmental flows.
(n)California must make a historic change in how water is provided for environmental, residential, commercial, and agricultural use when needed. Enhancing the ability to recharge groundwater is essential for current and future water management that is consistent with present-day values of equity and environmental stewardship. As the lowest cost option to meet the scale of water supply needs, groundwater recharge can best balance equity challenges faced between affordability and access.
(o)California must prioritize significantly increasing the recharge of groundwater by 2035 in order to avoid the severe impacts on water supplies coming by 2040.
SEC. 3.Section 10004 of the Water Code is amended to read:10004.(a)The plan for the orderly and coordinated control, protection, conservation, development, and utilization of the water resources of the state which is set forth and described in Bulletin No. 1 of the State Water Resources Board entitled Water Resources of California, Bulletin No. 2 of the State Water Resources Board entitled, Water Utilization and Requirements of California, and Bulletin No. 3 of the department entitled, The California Water Plan, with any necessary amendments, supplements, and additions to the plan, shall be known as The California Water Plan.
(b)(1)The department shall update The California Water Plan on or before December 31, 2003, and every five years thereafter. The department shall report the amendments, supplements, and additions included in the updates of The California Water Plan, together with a summary of the departments conclusions and recommendations, to the Legislature in the session in which the updated plan is issued.
(2)(A)The department shall establish an advisory committee, comprised of representatives of agricultural and urban water suppliers, local government, business, production agriculture, and environmental interests, and other interested parties, to assist the department in the updating of The California Water Plan. The department shall consult with the advisory committee in carrying out this section. The department shall provide written notice of meetings of the advisory committee to any interested person or entity that request the notice. The meetings shall be open to the public.
(B)The department, commencing on the effective date of Section 10004.7, may add members to the advisory committee to carry out the purposes of that section. Additional advisory committee members may include those from environmental justice sectors, local water supply agencies, and researchers and experts on climate science, climate science solutions, water storage, water conveyance, and environmental protection.
(3)The department shall release a preliminary draft of The California Water Plan, as updated, upon request, to interested persons and entities throughout the state for their review and comments. The department shall provide these persons and entities an opportunity to present written or oral comments on the preliminary draft. The department shall consider these comments in the preparation of the final publication of The California Water Plan, as updated.
SEC. 4.Section 10004.7 is added to the Water Code, to read:10004.7.(a)(1)By January 1, 2026, the department shall develop a groundwater recharge action plan. The groundwater recharge action plan shall provide actionable recommendations that result in the ability to create an additional groundwater recharge capacity of 10,000,000 acre-feet by December 31, 2035, in order to increase the states groundwater supply without reducing the amount of water available for environmental purposes or any other purposes allowed under existing state law.
(2)The department shall consult with the state board, the nine regional water quality control boards, and the advisory committee established pursuant to subdivision (b) of Section 10004 in carrying out this section.
(3)The groundwater recharge action plan shall identify and make recommendations on immediate opportunities and potential long-term solutions to increase the states groundwater supply, with a priority on multibenefit projects.
(4)The department shall evaluate the total potential economic and noneconomic costs and benefits of implementing the recommendations of the groundwater recharge action plan.
(5)The plan shall include best practices identified by the department, including, but not limited to, both of the following:
(A)Analysis regarding where groundwater recharge will be effective and protective of access to safe drinking water consistent with Section 106.3.
(B)Mapping that identifies areas where recharge is unlikely to degrade groundwater quality based on consideration of the quality and composition of the source water, the qualities of the soil upon which recharge will occur, and the proximity to drinking water wells.
(b)The department shall include the groundwater recharge action plan as a part of the 2028 update to the California Water Plan. Commencing with the 2033 update, the department, as a part of updating the California Water Plan every five years pursuant to subdivision (b) of Section 10004, shall update the groundwater recharge action plan.
(c)The department, the state board, and the regional boards shall implement, upon an appropriation or other further action by the Legislature, the recommendations identified in the groundwater recharge action plan that result in new infrastructure and institutional mechanisms in place that provide for the ability to create an additional groundwater recharge capacity of 10,000,000 acre-feet by December 31, 2035.
(d)Nothing in this section shall do any of the following:
(1)Limit or reduce the existing surface storage of water.
(2)Affect or change any water right.
(3)Prioritize any one use of water over another use, define what is to be considered a beneficial use of water, or in any way influence how the increased supply of groundwater under this part shall be used.
(e)For purposes of this section, the following definitions shall apply:
(1)Groundwater recharge means actions to increase the amount of raw, treated, or recycled water in the groundwater basins through human-controlled means, including, but not limited to, use of aquifer storage and recovery wells, injection wells, surface spreading basins, field flooding, storm water capture, flood managed basins, and in-lieu charge.
(2)Groundwater supply means water that at any point in time is being stored underground that is available for human use and environmental protection to sustain the states future.
SEC. 5.Section 10005.1 of the Water Code is amended to read:10005.1.(a)The department or, at the departments request, the California Water Commission, shall conduct a series of hearings with interested persons, organizations, local, state, and federal agencies, and representatives of the diverse geographical areas and interests of the state.
(b)The department, commencing on the effective date of Section 10004.7, shall conduct a portion of the hearings in regions of the state that have been impacted the most by drought, including, but not limited to, communities with minority populations, communities with low-income populations, agricultural communities, and water disparate communities.
SECTION 1.Part 2.77 (commencing with Section 10785) is added to Division 6 of the Water Code, to read:2.77.CALIFORNIA WATER SUPPLY SOLUTIONS ACT OF 2023 1.General Provisions10785.This part shall be known, and may be cited, as the California Water Supply Solutions Act of 2023.10786.The Legislature finds and declares all of the following:(a)Californias water usage is highly reliant on capturing the snow melt from the snowpack in the Sierra Nevada region on an annual basis. That water is stored in lakes and reservoirs and is then transported throughout the state for environmental, residential, commercial, and agricultural use when needed.(b)California has the most intricate and elaborate system of water conveyance in the world.(c)The State Water Project and the Central Valley Project are transcendent to statewide water supply.(d)The State Water Project and the Central Valley Project provide water for approximately 30,000,000 people and nearly 4,000,000 acres of agricultural land.(e)Most California cities and farms as we know them today would not exist without the State Water Project and the Central Valley Project.(f)Climate change is resulting in a snowpack that is no longer reliable. Instead, California is experiencing infrequent storm events and long periods of drought. Californias precipitation is changing from seasonal snow in the Sierra Nevada region to periods of substantial rainfall, like those from atmospheric rivers.(g)Climate change is a serious threat to the State Water Project and the Central Valley Project, and by extension, is a serious threat to our statewide water supply. These systems will lose 10 percent of their supplies by 2040. This constitutes a loss of 6,000,000 to 9,000,000 acre-feet of water annually, or the equivalent of the amount of water used to irrigate approximately 20 percent of all agricultural land in the state, or all of the residents, businesses, schools, parks, and sports fields in the state.(h)As of 2023, the only known solution that can meet the scale of the problem is groundwater recharge.(i)The Department of Water Resources describes a statewide capacity in groundwater basins in the range of 1,000,000,000 acre-feet, or approximately 20 times the total surface water storage capacity statewide.(j)According to the Department of Water Resources, there is the potential for over 13,000,000 acre-feet of groundwater recharge in any given wet year, with more than 2,500,000 acre-feet of existing infrastructure that could currently be available, but that is underutilized.(k)Groundwater recharge has the greatest capacity to meet the scale of the challenge and is also the lowest cost option per acre-foot.(l)Groundwater recharge is environmentally friendly, the utilization of which can provide benefits beyond not only water supply, but flood control and improved environmental conditions. For example, in a recent analysis of a central valley river, it was estimated that full implementation of groundwater recharge projects could simultaneously address 63 percent of water supply shortages and provide a 65 percent reduction in flood risk. Additionally, other groundwater recharge projects would prioritize storage in reservoirs, minimizing demand for surface water in dry conditions when that water is most valuable for environmental flows.(m)California must make a historic change in how water is provided for environmental, residential, commercial, and agricultural use when needed. Enhancing the ability to recharge groundwater is essential for current and future water management that is consistent with present-day values of equity and environmental stewardship. As the lowest cost option to meet the scale of water supply needs, groundwater recharge can best balance equity challenges faced between affordability and access.(n)California must prioritize significantly increasing the recharge of groundwater by 2035 in order to avoid the severe impacts on water supplies coming by 2040. 10787.For purposes of this part, the following state agencies have the following recognized roles:(a)The department is the state agency that provides guidance, regulatory oversight, technical analysis and data, and financial support to local water agencies that have the responsibility to sustainably manage groundwater in states high- and medium- priority groundwater basins, to benefit the states people and protect, restore, and enhance the natural and human environments.(b)The State Water Resources Control Board and the nine regional water quality control boards, collectively known as the water boards, work with other state agencies in providing abundant clean water for human use and environmental protection to sustain the states future.2.Definitions10788.For purposes of this part, the following definitions shall apply:(a)Groundwater recharge means actions to increase the amount of raw, treated, or recycled water in groundwater basins through human-controlled means including, but not limited to, use of aquifer storage and recovery wells, injection wells, surface spreading basins, field flooding, stormwater capture, flood managed basin, and in-lieu recharge.(b)Groundwater supply means water that at any point in time is being stored underground that is available for human use and environmental protection to sustain the states future.(c)Water boards means the State Water Resources Control Board and the nine regional water quality control boards.3.Statewide Groundwater Recharge Goal10789.By December 31, 2035, the department and water boards shall implement the recommendations identified in the groundwater recharge plan, pursuant to this part, that result in new infrastructure and institutional mechanisms in place that provide for the ability to create an additional average annual groundwater recharge amount of 10,000,000 acre-feet.4.Groundwater Recharge Action Plan10790.(a)On or before January 1, 2025, the department, in consultation with the water boards, shall prepare and approve a groundwater recharge action plan, to be included in the next update to the California Water Plan. The groundwater recharge action plan shall provide actionable recommendations that result in the ability to achieve an annual increase of 10,000,000 acre-feet of groundwater recharge by December 31, 2035, in order to increase the states groundwater supply and avoid otherwise inevitable water shortages.(b)(1)The groundwater recharge action plan shall identify and make recommendations on immediate opportunities and potential long-term solutions to increase the states groundwater supply.(2)The department and water boards shall seek out and consider all relevant information from the agriculture, environmental, and environmental justice sectors, local water supply agencies, any communities potentially impacted by the groundwater recharge action plan, and from researchers and experts on climate science, climate science solutions, water storage, water conveyance, and environmental protection.(c)The department and water boards shall conduct a series of public workshops to give interested parties an opportunity to comment on the groundwater recharge action plan. The department and water boards shall conduct a portion of these workshops in regions of the state that have been impacted the most by drought, including, but not limited to, communities with minority populations, communities with low-income populations, agricultural communities, and water disparate communities.(d)The department and water boards shall evaluate the total potential costs and total potential economic and noneconomic benefits of implementing the recommendations of the groundwater recharge action plan.(e)The department and water boards shall update the groundwater recharge action plan at the same time that they prepare updates to the California Water Plan.10791.On or before December 31, 2035, the department and water boards shall implement the recommendations identified in the groundwater recharge action plan.10792.Nothing in this part shall do any of the following: (a)Limit or reduce the existing surface storage of water.(b)Affect or change any water right.(c)Prioritize any one use of water over another use, define what is to be considered a beneficial use of water, or in any way influence how the increased supply of groundwater under this part shall be used.This part shall be known, and may be cited, as the California Water Supply Solutions Act of 2023.
10786.The Legislature finds and declares all of the following:
(a)Californias water usage is highly reliant on capturing the snow melt from the snowpack in the Sierra Nevada region on an annual basis. That water is stored in lakes and reservoirs and is then transported throughout the state for environmental, residential, commercial, and agricultural use when needed.
(b)California has the most intricate and elaborate system of water conveyance in the world.
(c)The State Water Project and the Central Valley Project are transcendent to statewide water supply.
(d)The State Water Project and the Central Valley Project provide water for approximately 30,000,000 people and nearly 4,000,000 acres of agricultural land.
(e)Most California cities and farms as we know them today would not exist without the State Water Project and the Central Valley Project.
(f)Climate change is resulting in a snowpack that is no longer reliable. Instead, California is experiencing infrequent storm events and long periods of drought. Californias precipitation is changing from seasonal snow in the Sierra Nevada region to periods of substantial rainfall, like those from atmospheric rivers.
(g)Climate change is a serious threat to the State Water Project and the Central Valley Project, and by extension, is a serious threat to our statewide water supply. These systems will lose 10 percent of their supplies by 2040. This constitutes a loss of 6,000,000 to 9,000,000 acre-feet of water annually, or the equivalent of the amount of water used to irrigate approximately 20 percent of all agricultural land in the state, or all of the residents, businesses, schools, parks, and sports fields in the state.
(h)As of 2023, the only known solution that can meet the scale of the problem is groundwater recharge.
(i)The Department of Water Resources describes a statewide capacity in groundwater basins in the range of 1,000,000,000 acre-feet, or approximately 20 times the total surface water storage capacity statewide.
(j)According to the Department of Water Resources, there is the potential for over 13,000,000 acre-feet of groundwater recharge in any given wet year, with more than 2,500,000 acre-feet of existing infrastructure that could currently be available, but that is underutilized.
(k)Groundwater recharge has the greatest capacity to meet the scale of the challenge and is also the lowest cost option per acre-foot.
(l)Groundwater recharge is environmentally friendly, the utilization of which can provide benefits beyond not only water supply, but flood control and improved environmental conditions. For example, in a recent analysis of a central valley river, it was estimated that full implementation of groundwater recharge projects could simultaneously address 63 percent of water supply shortages and provide a 65 percent reduction in flood risk. Additionally, other groundwater recharge projects would prioritize storage in reservoirs, minimizing demand for surface water in dry conditions when that water is most valuable for environmental flows.
(m)California must make a historic change in how water is provided for environmental, residential, commercial, and agricultural use when needed. Enhancing the ability to recharge groundwater is essential for current and future water management that is consistent with present-day values of equity and environmental stewardship. As the lowest cost option to meet the scale of water supply needs, groundwater recharge can best balance equity challenges faced between affordability and access.
(n)California must prioritize significantly increasing the recharge of groundwater by 2035 in order to avoid the severe impacts on water supplies coming by 2040.
10787.For purposes of this part, the following state agencies have the following recognized roles:
(a)The department is the state agency that provides guidance, regulatory oversight, technical analysis and data, and financial support to local water agencies that have the responsibility to sustainably manage groundwater in states high- and medium- priority groundwater basins, to benefit the states people and protect, restore, and enhance the natural and human environments.
(b)The State Water Resources Control Board and the nine regional water quality control boards, collectively known as the water boards, work with other state agencies in providing abundant clean water for human use and environmental protection to sustain the states future.
2.Definitions10788.For purposes of this part, the following definitions shall apply:
(a)Groundwater recharge means actions to increase the amount of raw, treated, or recycled water in groundwater basins through human-controlled means including, but not limited to, use of aquifer storage and recovery wells, injection wells, surface spreading basins, field flooding, stormwater capture, flood managed basin, and in-lieu recharge.
(b)Groundwater supply means water that at any point in time is being stored underground that is available for human use and environmental protection to sustain the states future.
(c)Water boards means the State Water Resources Control Board and the nine regional water quality control boards.
3.Statewide Groundwater Recharge Goal10789.By December 31, 2035, the department and water boards shall implement the recommendations identified in the groundwater recharge plan, pursuant to this part, that result in new infrastructure and institutional mechanisms in place that provide for the ability to create an additional average annual groundwater recharge amount of 10,000,000 acre-feet.
4.Groundwater Recharge Action Plan10790.(a)On or before January 1, 2025, the department, in consultation with the water boards, shall prepare and approve a groundwater recharge action plan, to be included in the next update to the California Water Plan. The groundwater recharge action plan shall provide actionable recommendations that result in the ability to achieve an annual increase of 10,000,000 acre-feet of groundwater recharge by December 31, 2035, in order to increase the states groundwater supply and avoid otherwise inevitable water shortages.
(b)(1)The groundwater recharge action plan shall identify and make recommendations on immediate opportunities and potential long-term solutions to increase the states groundwater supply.
(2)The department and water boards shall seek out and consider all relevant information from the agriculture, environmental, and environmental justice sectors, local water supply agencies, any communities potentially impacted by the groundwater recharge action plan, and from researchers and experts on climate science, climate science solutions, water storage, water conveyance, and environmental protection.
(c)The department and water boards shall conduct a series of public workshops to give interested parties an opportunity to comment on the groundwater recharge action plan. The department and water boards shall conduct a portion of these workshops in regions of the state that have been impacted the most by drought, including, but not limited to, communities with minority populations, communities with low-income populations, agricultural communities, and water disparate communities.
(d)The department and water boards shall evaluate the total potential costs and total potential economic and noneconomic benefits of implementing the recommendations of the groundwater recharge action plan.
(e)The department and water boards shall update the groundwater recharge action plan at the same time that they prepare updates to the California Water Plan.
10791.On or before December 31, 2035, the department and water boards shall implement the recommendations identified in the groundwater recharge action plan.
10792.Nothing in this part shall do any of the following:
(a)Limit or reduce the existing surface storage of water.
(b)Affect or change any water right.
(c)Prioritize any one use of water over another use, define what is to be considered a beneficial use of water, or in any way influence how the increased supply of groundwater under this part shall be used.
SECTION 1.Section 114 is added to the Water Code, to read:114.(a)It is the policy of the state to recharge groundwater by a minimum of 10 million acre-feet of water annually.(b)The department shall promulgate regulations necessary to implement this policy.(a)It is the policy of the state to recharge groundwater by a minimum of 10 million acre-feet of water annually.
(b)The department shall promulgate regulations necessary to implement this policy.
|
Date
|
Status
|
|---|---|
| Oct 8, 2023 | Chaptered by Secretary of State. Chapter 624, Statutes of 2023. |
| Oct 8, 2023 | Approved by the Governor. |
| Sep 15, 2023 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 11, 2023 | Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2605.) Ordered to engrossing and enrolling. |
| Sep 7, 2023 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 7, 2023 | Read third time. Passed. (Ayes 77. Noes 0. Page 3066.) Ordered to the Senate. |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | Read second time and amended. Ordered to second reading. |
| Sep 1, 2023 | From committee: Do pass as amended. (Ayes 11. Noes 0.) (September 1). |
| Aug 16, 2023 | August 16 set for first hearing. Placed on suspense file. |
| Jul 12, 2023 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 11, 2023 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (July 11). |
| Jun 30, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on W., P., & W. |
| Jun 15, 2023 | Referred to Com. on W., P., & W. |
| May 31, 2023 | In Assembly. Read first time. Held at Desk. |
| May 30, 2023 | Read third time. Passed. (Ayes 40. Noes 0. Page 1365.) Ordered to the Assembly. |
| May 26, 2023 | Ordered to special consent calendar. |
| May 22, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | Read second time and amended. Ordered to second reading. |
| May 18, 2023 | From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1179.) (May 18). |
| May 12, 2023 | Set for hearing May 18. |
| May 8, 2023 | May 8 hearing: Placed on APPR suspense file. |
| May 1, 2023 | Set for hearing May 8. |
| Apr 26, 2023 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 936.) (April 26). Re-referred to Com. on APPR. |
| Apr 19, 2023 | Set for hearing April 26. |
| Apr 19, 2023 | Re-referred to Com. on E.Q. |
| Apr 12, 2023 | Read second time and amended. Re-referred to Com. on RLS. |
| Apr 11, 2023 | From committee: Do pass as amended and re-refer to Com. on RLS. (Ayes 10. Noes 0. Page 658.) (April 11). |
| Mar 23, 2023 | Set for hearing April 11. |
| Mar 20, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W. |
| Mar 1, 2023 | Referred to Com. on N.R. & W. |
| Feb 17, 2023 | From printer. May be acted upon on or after March 19. |
| Feb 16, 2023 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 11, 2023 | Unfinished Business SB659 Ashby et al. Concurrence | Senate Floor |
Passed |
|
| Sep 7, 2023 | SB 659 Ashby Senate Third Reading By Bauer-Kahan | Assembly Floor |
Passed |
|
| Sep 1, 2023 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 11, 2023 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Water, Parks, and Wildlife |
Passed |
|
| May 30, 2023 | Special Consent SB659 Ashby | Senate Floor |
Passed |
|
| May 18, 2023 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| May 8, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 26, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Environmental Quality |
Passed |
|
| Apr 11, 2023 | Do pass as amended, but first amend, and re-refer to the Committee on [Rules] | Senate Standing Committee on Natural Resources and Water |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Agricultural Council Of California | * Support | Jul 11, 2023 |
| American Pistachio Growers | ** Support | |
| Associated General Contractors Of California | ** Support | |
| Association Of California Egg Farmers | ** Support | |
| Association Of California Water Agencies | ** Support | |
| CA Assn of Winegrape Growers | ** Support | |
| CalChamber | ** Support | |
| California Apple Commission | ** Support | |
| California Association Of Pest Control Advisers | ** Support | |
| California Association Of Realtors | ** Support | |
| California Association Of Wheat Growers | ** Support | |
| California Association Of Winegrape Growers | ** Support | |
| California Avocado Commission | ** Support | |
| California Bean Shippers Association | ** Support | |
| California Blueberry Association | ** Support | |
| California Blueberry Commission | ** Support | |
| California Builders Alliance | ** Support | |
| California Citrus Mutual | ** Support | |
| California Cotton Ginners and Growers Association | ** Support | |
| California Fresh Fruit Association | ** Support | |
| California Grain & Feed Association | ** Support | |
| California Pear Growers | ** Support | |
| California Seed Association | ** Support | |
| California State Floral Association | ** Support | |
| California Walnut Commission | ** Support | |
| City of Roseville | ** Support | |
| City Of Sacramento | ** Support | |
| City of Sacramento Department of Utilities | ** Support | |
| CivicWell | ** Support | |
| Clean Water Action | ** Support | |
| Community Water Center | ** Support | |
| Councilmember Katie Valenzuela, District 4, City of Sacramento | ** Support | |
| Eastern Municipal Water District | ** Support | |
| El Dorado County Water Agency | ** Support | |
| El Dorado Water Agency | * Support | Jul 11, 2023 |
| Family Winemakers Of California | ** Support | |
| Far West Equipment Dealers Association | ** Support | |
| Gualco Group | * Support | Jul 11, 2023 |
| Irvine Ranch Water District | ** Support | |
| Leadership Counsel for Justice and Accountability | ** Support | |
| Niemela Pappas And Associates | * Support | Apr 11, 2023 |
| Northern California Water Association | ** Support | |
| Olive Growers Council of California | ** Support | |
| Pacific Egg & Poultry Association | ** Support | |
| Plant California Alliance | ** Support | |
| Rancho California Water District | ** Support | |
| Regional Water Authority | ** Support | |
| Sacramento Area Council Of Governments | ** Support | |
| Sacramento Area Flood Control Agency | ** Support | |
| Sacramento Metropolitan Chamber of Commerce | ** Support | |
| Sacramento Regional Builders Exchange | ** Support | |
| Sacramento Suburban Water District | ** Support | |
| Somona County Water Agency | * Support | Apr 11, 2023 |
| Sonoma County Water Agency | ** Support | |
| Sustainable Conservation | ** Support | |
| The Nature Conservancy | ** Support | |
| Turlock Irrigation District | ** Support | |
| Western Agricultural Processors Association | ** Support | |
| Wine Institute | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 659 |
UNFINISHED BUSINESS
Bill No: SB 659
Author: Ashby (D), et al.
Amended: 9/1/23
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 10-0, 4/11/23
AYES: Min, Seyarto, Allen, Becker, Eggman, Grove, Hurtado, Laird, Limón, Padilla
NO VOTE RECORDED: Dahle
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 4/26/23
AYES: Allen, Dahle, Gonzalez, Hurtado, Jones, Menjivar, Skinner
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/18/23
AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener
SENATE FLOOR: 40-0, 5/30/23
AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ASSEMBLY FLOOR: 77-0, 9/7/23 - See last page for vote
SUBJECT: California Water Supply Solutions Act of 2023
SOURCE: Author
DIGEST:
This bill requires the Department of Water Resources (DWR), as part of the 2028 update to the California Water Plan, and each subsequent update thereafter to the plan, to provide actionable recommendations to develop additional groundwater recharge opportunities that increase the recharge of the state’s groundwater basins.
Assembly Amendments
revise and recast the bill’s provisions to delete its findings and declarations; change the definition of “groundwater recharge” to mean a process where water moves down from the ground surface or the bottom of a waterway and infiltrates an underlying aquifer; require DWR to update the California Water Plan with actionable recommendations to develop additional groundwater recharge opportunities, instead of developing a groundwater recharge action plan; and specify information to be included in the recommendations.
ANALYSIS:
Existing law:
- Requires DWR to update every five years the plan for the orderly and coordinated control, protection, conservation, development, and use of the water resources of the state, which is known as The California Water Plan. (Water Code (Wat. C.) §10004)
- Requires DWR to include a discussion of various strategies in the plan update, including, but not limited to, strategies relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, water transfers, and alternative pricing policies that may be pursued to meet the future needs of the state. (Wat. C. §10004.5)
- Declares that the California Water Plan “is accepted as the master plan which guides the orderly and control, protection, conservation, development, management and efficient utilization of the water resources of the state.” (Wat. C. §10005(a)).
- Declares, additionally, this “does not constitute approval for the construction of specific projects or routes for transfer of water, or financial assistance, by the state, without further legislative action, nor shall [it] be construed as a prohibition of the development of the water resources of the state by any entity.” (Wat. C. §10005(b)).
This bill, the California Water Supply Solutions Act of 2023:
- Defines the following terms:
- “Groundwater recharge” as a process where water moves down from the ground surface or the bottom of a waterway and infiltrates an underlying aquifer. Groundwater recharge actions include increasing the amount of raw, treated, or recycled water in the groundwater basins through human-controlled means, including, but not limited to, use of aquifer storage and recovery wells, injection wells, surface spreading basins, field flooding, stormwater capture, flood managed basins, and in-lieu recharge.
- “Groundwater supply” means water that any point in time is being stored underground that is available for human use and environmental protection to sustain the state’s future.
- Requires DWR, as a part of the 2028 update to The California Water Plan, to provide actionable recommendations to develop additional groundwater recharge opportunities, as specified.
- Requires DWR to consult with the State Water Resources Control Board (SWRCB), the regional water quality control boards (RWQCBs), and the advisory committee, which may be enlarged as provided, in developing these recommendations.
- Requires the recommendations to identify immediate opportunities and potential long-term solutions to increase the state’s groundwater supply, with a priority on multibenefit projects.
- Requires that the recommendations include certain information, including, among others, a discussion of the variability of the quantities of water potentially available for recharge given varying hydrogeologic environments, discussion of possible financial or regulatory incentives that could support the development of recharge projects, and an identification of locations where groundwater recharge can help protect access to safe drinking water and provide water quality benefits.
Background
- California Water Plan. The California Water Plan “is accepted as the master plan which guides the orderly and control, protection, conservation, development, management and efficient utilization of the water resources of the state.” (Wat. C. §10005(a)). Additionally, this declaration “does not constitute approval for the construction of specific projects or routes for transfer of water, or for financial assistance, by the state, without further legislative action, nor shall [it] be construed as a prohibition of the development of the water resources of the state by any entity. (Wat. C. §1005(b)).”
As a part of updating the California Water Plan every five years, DWR is required to include a discussion of various strategies, including those relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, and water transfers that may be used to meet future water needs of the state. DWR is also required to conduct a study to determine the amount of water needed to meet the state’s future needs and to recommend programs, policies, and facilities to meet those needs. (Wat. C. §§10004.5, 10004.6). The next update is scheduled for this year.
- California’s groundwater. California’s groundwater use is the largest in the United States, with approximately 16% of the nation’s groundwater supplies being extracted from the state’s aquifers. With help from the state’s groundwater resources, California has become the largest food and agricultural economy in the nation. However, the use of groundwater also has its pitfalls, including diminished quantity and degraded quality of groundwater resources, damaged infrastructure due to land subsidence, and a decline in ecosystem.
Many of the state’s groundwater basins are being managed sustainably; but in some basins, particularly those that underlie major agricultural regions, groundwater withdrawals exceed the amount that is recharged.
Groundwater recharge occurs when water seeps into the ground to replenish underground aquifers and can play an important role in water management in California. Many areas throughout California already participate in groundwater recharge activities. Although some recharge happens incidentally, with water flowing into the ground from rivers, unlined canals, or excess irrigation, intentional recharge can restore groundwater levels and store water for later use. Recharge can also help mitigate impacts from groundwater pumping, such as dry wells or subsidence, while providing wetland habitat for birds, reducing flood risk, and storing water for droughts.
Common methods of recharge include filling dedicated recharge basins or ponds, directing water to unlined canals and riverbeds, injecting water through wells, and using extra surface water to avoid pumping (this is often referred to as in-lieu recharge).
According to the Public Policy Institute of California, a key challenge to expanding recharge is that most available flows occur in the wetter parts of the state, while most overdraft (and thus the most demand for recharge) occurs in areas with less water. For example, the most overdrafted basins in the Central Valley also lack enough supplies for recharge.
Comments
- Purpose of Bill. According to the author, “To meaningfully address the future of water supply in a shifting climate, we must be proactive. SB 659 may be one of the most important conversations California needs to have. Groundwater is a critical component of the state’s water storage, accounting for up to 60% of the state’s total water supply during a drought. Groundwater recharge projects provide multiple benefits, such as reducing flood risk, storing water for future droughts, maintaining agricultural productivity or domestic water use, improving management for environmental flows, and sustaining groundwater-dependent ecosystems.
“By creating a state policy of increasing groundwater recharge, SB 659 will address climate change in a way that is consistent with California’s existing policy goals to reduce greenhouse gas emissions, reduce reliance on fossil fuels, and better prepare us for the future.”
- Defining groundwater recharge. Recent amendments to this bill define “groundwater recharge” as “a process where water moves down from the ground surface or the bottom of a waterway and infiltrates an underlying aquifer.” Some concern has been raised that the phrase “water moves down from the ground surface …” could exclude injection wells and in-lieu recharge.
However, the second sentence of the definition also specifies that groundwater recharge actions include increasing the amount of raw, treated or recycled water in the groundwater basins through human-controlled means including, among other listed examples, injection wells and in-lieu recharge.
Thus, while the two sentences appear to be in conflict with each other, it is likely the intent that the definition of “groundwater recharge” includes injection wells and in-lieu recharge.
Related/Prior Legislation
SB 366 (Caballero, 2023) revises and recasts the provisions of the California Water Plan to, among other things, require DWR to conduct a study to determine the amount of water needed to meet the state’s future water needs and to establish a long-term water supply target for 2050. SB 366 is pending in the Assembly Water, Parks and Wildlife Committee.
SB 651 (Grove, 2023) requires CEQA-related challenges to projects that implement an approved groundwater sustainability plan or an interim groundwater sustainability plan be decided by the courts within 270 days, if feasible. SB 651 is pending in the Assembly Natural Resources Committee.
AB 1488 (Wallis, 2023) expands the application of the Jobs and Economic Improvement Through Environmental Leadership Act of 2021 to water storage projects, water conveyance projects, and groundwater recharge projects that provide public benefits and drought preparedness. AB 1488 is pending in the Assembly Natural Resources Committee.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee,
- DWR estimates costs of approximately $3 million over two years to develop the groundwater recharge action plan and implement the requirements of the bill. Following this two-year period, DWR estimates ongoing annual costs of approximately $300,000 for one new position to manage updates to the groundwater recharge action plan and the California Water Plan (General Fund or special fund).
- The SWRCB estimates ongoing annual costs of approximately $450,000 for two positions to implement the provisions of this bill and provide consultation to DWR. The SWRCB estimates an additional one-time contracting cost of approximately $3 million to assist DWR with analysis regarding where groundwater recharge will be effective and protective of access to safe drinking water as well as mapping that identifies areas where recharge is unlikely to degrade groundwater quality based on a variety of factors specified in the bill. Finally, the SWRCB estimates contracting costs of approximately $1 million every five years to assist with updates to the groundwater recharge action plan and the California Water Plan (General Fund or special fund).
SUPPORT: (Verified 9/8/23)
American Pistachio Growers
Associated General Contractors of California
Association of California Egg Farmers
Association of California Water Agencies
CA Assn of Winegrape Growers
CalChamber
California Apple Commission
California Association of Pest Control Advisers
California Association of Realtors
California Association of Wheat Growers
California Association of Winegrape Growers
California Avocado Commission
California Bean Shippers Association
California Blueberry Association
California Blueberry Commission
California Builders Alliance
California Citrus Mutual
California Cotton Ginners and Growers Association
California Fresh Fruit Association
California Grain & Feed Association
California Pear Growers
California Seed Association
California State Floral Association
California Walnut Commission
City of Roseville
City of Sacramento
CivicWell
Clean Water Action
Community Water Center
Eastern Municipal Water District
El Dorado County Water Agency
Family Winemakers of California
Far West Equipment Dealers Association
Irvine Ranch Water District
Leadership Counsel for Justice and Accountability
Northern California Water Association
Olive Growers Council of California
Pacific Egg & Poultry Association
Plant California Alliance
Rancho California Water District
Regional Water Authority
Sacramento Area Council of Governments
Sacramento Area Flood Control Agency
Sacramento Metropolitan Chamber of Commerce
Sacramento Regional Builders Exchange
Sacramento Suburban Water District
Sonoma County Water Agency
Sustainable Conservation
The Nature Conservancy
Turlock Irrigation District
Western Agricultural Processors Association
Wine Institute
OPPOSITION: (Verified 9/8/23)
None received
ASSEMBLY FLOOR: 77-0, 9/7/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Essayli, Flora, Grayson
Prepared by: Genevieve Wong / N.R. & W. / (916) 651-4116
9/8/23 13:58:35
**** END ****
SENATE THIRD READING
STR Bill Id:SB 659
Author:(Ashby)
As Amended Ver:September 1, 2023
Majority vote
SUMMARY
Requires the Department of Water Resources (DWR), beginning in 2028, to include recommendations for developing additional groundwater recharge opportunities in updates to the California Water Plan.
Major Provisions
- Requires DWR to include recommendations for developing additional groundwater recharge in updates to the California Water Plan beginning in 2028. The recommendations shall lead to recharging the state's groundwater basins without reducing the amount of water available for environmental purposes or any other purpose allowed under state law.
- Requires DWR to consult with the State Water Resources Control Board (State Water Board), the regional water quality control boards, and the advisory committee established to assist in the update of the California Water Plan when developing recommendations.
- The recommendations to increase groundwater recharge shall cover the following:
- An estimate of the volume of recharge that would result from the recommendations;
- A discussion of the variability in the quantity of water available for recharge given varying hydrogeologic environments;
- Identification of the legal and regulatory requirements for recharge projects;
- A discussion of possible financial or regulatory incentives for recharge projects;
- Identification of locations and a description of how access to safe drinking water can be protected; and
- Identification of best practices to advance the benefits of groundwater recharge.
COMMENTS
According to DWR, California's groundwater accounts for roughly 40% of statewide supply on average and as much as 60% in a dry year. Unfortunately, due to excessive use of groundwater resources over many decades, many of California's groundwater basins are experiencing groundwater overdraft. This is a condition when the annual average amount of groundwater pumped out of a groundwater basin exceeds the average annual supply in the groundwater basin. Long-term groundwater overdraft leads to serious adverse impacts, including alarming declines in groundwater levels and storage, degraded water quality, irreversible land subsidence, and streamflow depletion resulting in ecosystem impacts. Extreme drought and groundwater overdraft were principal drivers of the passage of the Sustainable Groundwater Management Act (SGMA) in 2014. SGMA requires groundwater basins subject to groundwater overdraft to develop a groundwater sustainability plan (GSP) to reverse overdraft and achieve sustainable groundwater management over a 20-year period. GSPs must describe conditions in a groundwater basin, identify actions and projects to avoid the harmful effects of groundwater overdraft ("undesirable results"), and set measurable objectives to ensure a basin is on track in achieving sustainable groundwater management.
An important strategy to reverse groundwater overdraft is groundwater recharge. Recharge occurs when water seeps into the ground to replenish groundwater aquifers and can occur naturally or can be intentional. Recognizing the importance of this strategy in achieving sustainable groundwater management, SGMA requires DWR to develop a Water Available for Replenishment (WAFR) report to estimate the amount of water available statewide for groundwater recharge. Completed in April 2018, the final WAFR report estimated that 1.5 million acre-feet of water is available for groundwater replenishment. In addition, WAFR notes that "getting groundwater basins into a sustainable regime of pumping and recharge will take time and continued commitment on the part of water managers and basin stakeholders."
California Water Plan. This bill would require DWR to add recommendations regarding groundwater recharge to the California Water Plan. The California Water Plan "is accepted as the master plan which guides the orderly and coordinated control, protection, conservation, development, management and efficient utilization of the water resources of the state" [Water Code Section 10005(a)]. As a part of updating the California Water Plan every five years, DWR is required to include a discussion of various strategies, including those relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, and water transfers that may be used to meet future water needs of the state. DWR is also required to conduct a study to determine the amount of water needed to meet the state's future needs and to recommend programs, policies, and facilities to meet those needs. The next update is scheduled for this year.
California's Water Supply Strategy, Adapting to a Hotter, Drier Future. In August 2022, Governor Newsom released his strategy to address a projected 10% (6 million to 9 million acre-feet of water) decrease in water supply by 2040 due to climate change. To address this shortfall, the strategy sets targets and outlines actions for increased water recycling, desalination, stormwater capture, and water conservation as well as an expansion of 4 million acre-feet of surface and underground storage. The strategy identifies a specific goal of expanding groundwater recharge by 500,000 acre-feet annually. Achieving the targets laid out in the strategy would "close the evaporative gap."
According to the Author
"To meaningfully address the future of water supply in a shifting climate, we must be proactive. [This bill] may be one of the most important conversations California needs to have. Groundwater is a critical component of the state's water storage, accounting for up to 60% of the state's total water supply during a drought. Groundwater recharge projects provide multiple benefits, such as reducing flood risk, storing water for future droughts, maintaining agricultural productivity or domestic water use, improving management for environmental flows, and sustaining groundwater dependent ecosystems. By creating a state policy of increasing groundwater recharge, [this bill] will address climate change in a way that is consistent with California's existing policy goals to reduce greenhouse gas emissions, reduce reliance on fossil fuels, and better prepare us for the future."
Arguments in Support
The California Association of Winegrape Growers (CAWG) is a co-sponsor of this bill and argues that it is necessary to give the Administration "the needed authority to implement long-term strategies (regulations, funding, etc.) to assure that the realities of climate change are a key component in creating a reliable source of water for all of California." CAWG asserts that this bill will lead toward a meaningful increase in the amount of groundwater recharged and help to take advantage of the state's vast groundwater storage capacity.
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
DWR estimates ongoing annual costs of approximately $300,000 for one new position to develop recommendations for additional groundwater recharge opportunities as part of each update to the California Water Plan (General Fund).
The State Water Resources Control Board (State Water Board) estimates ongoing annual costs of approximately $450,000 for two positions to implement the provisions of this bill and provide consultation to DWR. The State Water Board estimates an additional one-time contracting cost of approximately $3 million to assist DWR with analysis regarding where groundwater recharge will be effective and protective of access to safe drinking water as well as mapping that identifies areas where recharge is unlikely to degrade groundwater quality based on a variety of factors specified in the bill. Finally, the State Water Board estimates contracting costs of approximately $1 million every five years to assist DWR with developing recommendations for additional groundwater recharge opportunities as part of each update to the California Water Plan (General Fund or special fund).
VOTES
SENATE FLOOR: 40-0-0
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ASM WATER, PARKS, AND WILDLIFE: 14-0-1
YES: Bauer-Kahan, Mathis, Alanis, Bennett, Megan Dahle, Davies, Friedman, Hart, Kalra, Pellerin, Schiavo, Villapudua, Ward, Weber
ABS, ABST OR NV: Blanca Rubio
ASM APPROPRIATIONS: 11-0-5
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Wilson
ABS, ABST OR NV: Megan Dahle, Dixon, Mathis, Sanchez, Soria
UPDATED
VERSION: September 1, 2023
CONSULTANT: Pablo Garza / W., P., & W. / (916) 319-2096 FN: 0001615
Date of Hearing: August 16, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
SBPCA Bill Id:SB 659
Author:(Ashby) – As Amended Ver:July 12, 2023
Policy Committee: | Water, Parks and Wildlife | Vote: | 14 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the Department of Water Resources (DWR) to develop a groundwater recharge action plan and a planning target for additional groundwater recharge capacity.
Specifically, this bill, among other things:
- Requires DWR, by January 1, 2026, to develop a groundwater recharge action plan to provide actionable recommendations that result in the ability to create additional groundwater recharge capacity in order to increase the state’s groundwater supply without reducing the amount of water available for environmental purposes or any other purposes allowed under state law.
- Requires DWR to include the groundwater recharge action plan in the 2028 update to the California Water Plan and to update the groundwater recharge action plan every five years thereafter alongside the California Water Plan.
- Requires DWR to consult with the State Water Resources Control Board (State Water Board), the regional water quality control boards, and the advisory committee established to assist in the update of the California Water Plan when developing the groundwater recharge plan.
- Authorizes DWR, beginning January 1, 2024, to add members to the advisory committee referenced in 3, above, to carry out the groundwater recharge action plan and its subsequent updates.
- Requires DWR to establish a target for additional groundwater recharge capacity for planning purposes, and requires that target be determined with consideration for other beneficial or environmental uses of water and water goals.
- Requires, beginning January 1, 2024, a portion of the hearings held on the update of the California Water Plan be held in regions of the state that have been impacted the most by drought.
FISCAL EFFECT:
1) DWR estimates costs of approximately $3 million over two years to develop the groundwater recharge action plan and implement the requirements of the bill. Following this two-year period, DWR estimates ongoing annual costs of approximately $300,000 for one new position to manage updates to the groundwater recharge action plan and the California Water Plan (General Fund or special fund).
2) The State Water Board estimates ongoing annual costs of approximately $450,000 for two positions to implement the provisions of this bill and provide consultation to DWR. The State Water Board estimates an additional one-time contracting cost of approximately $3 million to assist DWR with analysis regarding where groundwater recharge will be effective and protective of access to safe drinking water as well as mapping that identifies areas where recharge is unlikely to degrade groundwater quality based on a variety of factors specified in the bill. Finally, the State Water Board estimates contracting costs of approximately $1 million every five years to assist with updates to the groundwater recharge action plan and the California Water Plan (General Fund or special fund).
COMMENTS:
1) Purpose. According to the author:
Groundwater is a critical component of the state’s water storage, accounting for up to 60% of the state’s total water supply during a drought. Groundwater recharge projects provide multiple benefits, such as reducing flood risk, storing water for future droughts, maintaining agricultural productivity or domestic water use, improving management for environmental flows, and sustaining groundwater dependent ecosystems. By creating a state policy of increasing groundwater recharge, [this bill] will address climate change in a way that is consistent with California’s existing policy goals to reduce greenhouse gas emissions, reduce reliance on fossil fuels, and better prepare us for the future.
2) Background.
Groundwater. According to DWR, California’s groundwater accounts for roughly 40% of statewide supply on average and as much as 60% in a dry year. Unfortunately, due to excessive use of groundwater resources over many decades, many of California’s groundwater basins are experiencing groundwater overdraft. Long-term groundwater overdraft leads to serious adverse impacts, including alarming declines in groundwater levels and storage, degraded water quality, irreversible land subsidence, and streamflow depletion resulting in ecosystem impacts. Extreme drought and groundwater overdraft were principal drivers of the passage of the Sustainable Groundwater Management Act (SGMA) in 2014. SGMA requires groundwater basins subject to groundwater overdraft to develop a groundwater sustainability plan (GSP) to reverse overdraft and achieve sustainable groundwater management over a 20-year period.
An important strategy to reverse groundwater overdraft is groundwater recharge. Recharge occurs when water seeps into the ground to replenish groundwater aquifers and can occur naturally or can be intentional. Recognizing the importance of this strategy in achieving sustainable groundwater management, SGMA requires DWR to develop a Water Available for Replenishment (WAFR) report to estimate the amount of water available statewide for groundwater recharge. Completed in April 2018, the final WAFR report estimated that 1.5 million acre-feet of water is available for groundwater replenishment.
California Water Plan. This bill requires DWR to develop a companion groundwater recharge action plan to the California Water Plan. The California Water Plan is described in the Water Code as “the master plan which guides the orderly and coordinated control, protection, conservation, development, management and efficient utilization of the water resources of the state.” As a part of updating the California Water Plan every five years, DWR is required to include a discussion of various strategies, including those relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, and water transfers that may be used to meet future water needs of the state. DWR is also required to conduct a study to determine the amount of water needed to meet the state’s future needs and to recommend programs, policies, and facilities to meet those needs. The next update is scheduled for this year.
California’s Water Supply Strategy, Adapting to a Hotter, Drier Future. In August 2022, Governor Newsom released his strategy to address a projected 10% (six million to nine million acre-feet of water) decrease in water supply by 2040 due to climate change. To address this shortfall, the strategy sets targets and outlines actions for increased water recycling, desalination, stormwater capture, and water conservation as well as an expansion of four million acre-feet of surface and underground storage. The strategy identifies a specific goal of expanding groundwater recharge by 500,000 acre-feet annually. According to the Senate Environmental Quality Committee analysis of this bill, by the end of next year, the state cumulatively will have invested $350 million in local assistance for recharge projects. In planning documents, local agencies have proposed more than 340 new recharge projects that, if built, could result in as much as 2.2 million acre-feet of additional stored water in a single wet year by 2030. Until those projects are permitted, it is unclear how much water local agencies will have the capacity to divert to underground storage; multiple proposals may rely on the same sources of unappropriated water.
Executive Order (EO) N-4-23. Issued on March 10, 2023, this broad and sweeping EO finds that “capturing and storing storm and snowpack runoff underground to recharge aquifers is an important strategy to help regions stabilize water supplies in the face of hydrologic extremes.” In an effort to streamline permitting requirements, the EO waives Lake and Streambed Alteration Agreement, California Environmental Quality Act, and water right permit requirements for water diversions for groundwater recharge projects that meet specified criteria.
Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081
Date of Hearing: July 11, 2023
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Rebecca Bauer-Kahan, Chair
SBPCA Bill Id:SB 659
Author:(Ashby) – As Amended Ver:June 30, 2023
SENATE VOTE: 40-0
SUBJECT: California Water Supply Solutions Act of 2023
SUMMARY: Requires the Department of Water Resources (DWR) to develop a groundwater recharge action plan by January 1, 2026, and to develop a planning target for additional groundwater recharge capacity. Specifically, this bill:
- Requires DWR to develop a groundwater recharge action plan utilizing Bulletin 118 by January 1, 2026, that includes recommendations to create additional groundwater recharge capacity without reducing the amount of water available for the environment or other demands.
- Requires DWR to include the groundwater recharge plan in the 2028 update to the California Water Plan and to update the groundwater recharge plan every five years thereafter alongside the California Water Plan.
- Requires DWR to consult with the State Water Resources Control Board (State Water Board), the regional water quality control boards, and the advisory committee established to assist in the update of the California Water Plan when developing the groundwater recharge plan.
- Requires the groundwater recharge plan to include the following:
- Recommendations on immediate opportunities and potential long-term solutions to increase the state’s groundwater supply;
- Analysis of the economic and noneconomic costs and benefits of implementing recommendations;
- Analysis regarding where groundwater recharge will be effective and protective of access to safe drinking water; and
- Mapping of areas where recharge is unlikely to degrade groundwater quality.
- Provides that DWR, the State Water Board, and regional water quality control boards shall implement the recommendations in the groundwater action plan that result in new infrastructure or institutional mechanisms to create additional groundwater recharge capacity upon appropriation or further action by the Legislature.
- Requires DWR to establish a target for additional groundwater recharge capacity for planning purposes that shall take into account other beneficial or environmental uses of water.
- Provides that this bill shall not limit or reduce existing surface storage of water, affect or change any water right, prioritize one use of water over another, or define beneficial use of water.
- Requires that, beginning January 1, 2026, some of the hearings held on the update of the California Water Plan shall be held in regions of the state that have been impacted by drought the most.
- Defines various terms for the purposes of this bill.
- States findings and declarations related to the value of and need for increased groundwater storage to address California’s water challenges.
EXISTING LAW:
- Requires DWR to develop the California Water Plan and update it every five years beginning December 31, 2003. Provides that the California Water Plan is the strategic plan for sustainably managing water resources for current and future generations. Requires DWR to establish an advisory committee made up of water stakeholders to assist in developing and updating the California Water Plan (Water Code § 10004 et seq.).
- Requires the California Water Plan to include a discussion of various strategies including surface water storage, water conservation, water recycling, desalination, conjunctive use, and water transfers that may be pursued in order to meet the future water needs of the state, among other contents (Water Code § 10004.5).
- Requires DWR to conduct a study to determine the amount of water needed to meet the state’s future needs and to recommend programs, policies, and facilities to meet those needs (Water Code § 10004.6).
- Requires DWR to conduct a series of hearings with water stakeholders from across the state to receive input on the California Water Plan (Water Code § 10005.1).
- Requires DWR to complete a report that estimates, based on available information, the amount of water available for groundwater replenishment in the state [Water Code § 10729(c)].
- Requires DWR to conduct an investigation of the state’s groundwater basins and identify groundwater basins on the basis of geological and hydrologic conditions taking into account political boundaries whenever practical. Requires DWR to also identify groundwater basins subject to conditions of critical overdraft (Water Code § 12924).
FISCAL EFFECT: Unknown. This bill is keyed fiscal.
COMMENTS:
- Purpose of this bill. According to the author, “to meaningfully address the future of water supply in a shifting climate, we must be proactive. [This bill] may be one of the most important conversations California needs to have. Groundwater is a critical component of the state’s water storage, accounting for up to 60% of the state’s total water supply during a drought. Groundwater recharge projects provide multiple benefits, such as reducing flood risk, storing water for future droughts, maintaining agricultural productivity or domestic water use, improving management for environmental flows, and sustaining groundwater dependent ecosystems. By creating a state policy of increasing groundwater recharge, [this bill] will address climate change in a way that is consistent with California’s existing policy goals to reduce greenhouse gas emissions, reduce reliance on fossil fuels, and better prepare us for the future.”
- Background. According to DWR, California’s groundwater accounts for roughly 40% of statewide supply on average and as much as 60% in a dry year. Unfortunately, due to excessive use of groundwater resources over many decades, many of California’s groundwater basins are experiencing groundwater overdraft. This is a condition when the annual average amount of groundwater pumped out of a groundwater basin exceeds the average annual supply in the groundwater basin. Long-term groundwater overdraft leads to serious adverse impacts, including alarming declines in groundwater levels and storage, degraded water quality, irreversible land subsidence, and streamflow depletion resulting in ecosystem impacts. Extreme drought and groundwater overdraft were principal drivers of the passage of the Sustainable Groundwater Management Act (SGMA) in 2014. SGMA requires groundwater basins subject to groundwater overdraft to develop a groundwater sustainability plan (GSP) to reverse overdraft and achieve sustainable groundwater management over a 20 year period. GSPs must describe conditions in a groundwater basin, identify actions and projects to avoid the harmful effects of groundwater overdraft (“undesirable results”), and set measurable objectives to ensure a basin is on track in achieving sustainable groundwater management.
An important strategy to reverse groundwater overdraft is groundwater recharge. Recharge occurs when water seeps into the ground to replenish groundwater aquifers and can occur naturally or can be intentional. Recognizing the importance of this strategy in achieving sustainable groundwater management, SGMA requires DWR to develop a Water Available for Replenishment (WAFR) report to estimate the amount of water available statewide for groundwater recharge. Completed in April 2018, the final WAFR report estimated that 1.5 million acre-feet of water is available for groundwater replenishment. In addition, WAFR notes that “getting groundwater basins into a sustainable regime of pumping and recharge will take time and continued commitment on the part of water managers and basin stakeholders.”
Bulletin 118. This bill requires DWR to utilize Bulletin 118 when developing the groundwater action plan it requires. Bulletin 118, or “California’s Groundwater,” is the state’s official publication on the occurrence and nature of groundwater in California. The publication defines the groundwater basin boundaries and summarizes groundwater information for each of the State’s 10 hydrologic regions. It features current knowledge of groundwater resources including information on the location, characteristics, use, management status, and conditions of the state’s groundwater. The publication also presents findings and recommendations that support the future management and protection of groundwater. Bulletin 118 is updated periodically; the most recent update was in 2020.
California Water Plan. This bill would require DWR to develop a companion “groundwater recharge action plan” to the California Water Plan. The California Water Plan “is accepted as the master plan which guides the orderly and coordinated control, protection, conservation, development, management and efficient utilization of the water resources of the state.” [Water Code § 10005(a)]. As a part of updating the California Water Plan every five years, DWR is required to include a discussion of various strategies, including those relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, and water transfers that may be used to meet future water needs of the state. DWR is also required to conduct a study to determine the amount of water needed to meet the state’s future needs and to recommend programs, policies, and facilities to meet those needs. The next update is scheduled for this year.
California’s Water Supply Strategy, Adapting to a Hotter, Drier Future. In August 2022, Governor Newsom released his strategy to address a projected 10% (6 million to 9 million acre-feet of water) decrease in water supply by 2040 due to climate change. To address this shortfall, the strategy sets targets and outlines actions for increased water recycling, desalination, stormwater capture, and water conservation as well as an expansion of 4 million acre-feet of surface and underground storage. The strategy identifies a specific goal of expanding groundwater recharge by 500,000 acre-feet annually. Achieving the targets laid out in the strategy would “close the evaporative gap.”
- Arguments in support. The California Association of Winegrape Growers (CAWG) is a co-sponsor of this bill and argues that it is necessary to give the Administration “the needed authority to implement long-term strategies (regulations, funding, etc.) to assure that the realities of climate change are a key component in creating a reliable source of water for all of California.” CAWG asserts that this bill will lead toward a meaningful increase in the amount of groundwater recharged and help to take advantage of the state’s vast groundwater storage capacity.
- Suggested committee amendments. To correct technical and factual errors in the findings and declarations, the committee may wish to ask the author to make the following amendments:
Amendment 1 – Amend this bill’s findings and declarations as follows:
Sec. 2. The Legislature finds and declares all of the following:
…
(d) The State Water Project and the Central Valley Project are of transcendent critical importance to statewide water supply.(e) The State Water Project and the Central Valley Project and provide water for approximately 30,000,000 people and nearly 4,000,000 acres of agricultural land.(f) (e) Most California cities and farms as we know them today would not exist without the State Water Project and the Central Valley Project.
(f) (g) Climate change is resulting in a snowpack that is no longer reliable. Instead, California is experiencing infrequent storm events and long periods of drought. California’s precipitation is changing from seasonal snow in the Sierra Nevada Region to periods of substantial rainfall, like those from atmospheric rivers.
(g) (h) Climate change is a serious threat to the State Water Project and the Central Valley Project, and by extension, to our statewide water supply. These systems will are projected to lose 10 percent of their water supplies by 2040. This constitutes a loss of 6,000,000 to 9,000,000 acre-feet of water annually, or the equivalent of the amount of water used to irrigate approximately 20 percent of all agricultural land in the state, or the amount used annually by all of the residents, businesses, schools, parks, and sports fields in the state.
(h) (i) As of 2023, one One necessary solution that can meet the scale of the problem is groundwater recharge.
…
In order to not predispose what actions a future Legislature might take to address the recommendations or content of the groundwater recharge action plan that this bill requires, the Committee may wish to ask that the author make the following amendment:
Amendment 2 – Strike Water Code § 10004.7 (c) as follows:
10004.7. (c) The department, the state board, and the regional boards shall implement, upon appropriation or other future action by the Legislature, the recommendations identified in the groundwater recharge action plan that result in new infrastructure and institutional mechanisms in place that provide for the ability to create additional groundwater recharge capacity. ….
(d)
- Related legislation. SB 122 (Committee on Budget) of the current legislative session, among other provisions, streamlines the process for diverting floodflows to groundwater recharge. SB 122 is the resources trailer bill for the 2023-24 annual Budget Act and is pending signature on the Governor’s desk.
SB 366 (Caballero) of the current legislative session revises and recasts requirements for the contents of updates to the California Water Plan, requires DWR to develop a long-term water supply planning target for 2050, and establishes an interim target of 10 million acre-feet of additional water by 2040. SB 366 is also being heard by this Committee at this hearing.
REGISTERED SUPPORT / OPPOSITION:
Support
California Association of Winegrape Growers (co-sponsor)
American Pistachio Growers
Association of California Egg Farmers
Association of California Water Agencies
California Apple Commission
California Association of Pest Control Advisers
California Association of Realtors
California Association of Wheat Growers
California Avocado Commission
California Bean Shippers Association
California Blueberry Association
California Blueberry Commission
California Chamber of Commerce
California Citrus Mutual
California Cotton Ginners and Growers Association
California Fresh Fruit Association
California Grain & Feed Association
California Pear Growers
California Seed Association
California State Floral Association
California Walnut Commission
City of Roseville
CivicWell
Councilmember Katie Valenzuela, District 4, City of Sacramento
Eastern Municipal Water District
El Dorado County Water Agency
Far West Equipment Dealers Association
Irvine Ranch Water District
Olive Growers Council of California
Pacific Egg & Poultry Association
Plant California Alliance
Sonoma County Water Agency
Western Agricultural Processors Association
Wine Institute
Opposition
None on file
Analysis Prepared by: Pablo Garza / W., P., & W. / (916) 319-2096
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 659 |
THIRD READING
Bill No: SB 659
Author: Ashby (D)
Amended: 5/18/23
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 10-0, 4/11/23
AYES: Min, Seyarto, Allen, Becker, Eggman, Grove, Hurtado, Laird, Limón, Padilla
NO VOTE RECORDED: Dahle
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 4/26/23
AYES: Allen, Dahle, Gonzalez, Hurtado, Jones, Menjivar, Skinner
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/18/23
AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener
SUBJECT: California Water Supply Solutions Act of 2023
SOURCE: Regional Water Authority
DIGEST:
This bill establishes the California Water Supply Solutions Act of 2023 to, among other things, require the Department of Water Resources (DWR) to develop a groundwater recharge action plan by January 1, 2026, that provides actionable recommendations that result in the ability to create additional groundwater recharge capacity.
ANALYSIS:
Existing law:
- Requires DWR to update every five years the plan for the orderly and coordinated control, protection, conservation, development, and use of the water resources of the state, which is known as The California Water Plan. (Water Code (Wat. C.) §10004)
- Requires DWR to include a discussion of various strategies in the plan update, including, but not limited to, strategies relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, water transfers, and alternative pricing policies that may be pursued to meet the future needs of the state. (Wat. C. §10004.5)
- Declares that the California Water Plan “is accepted as the master plan which guides the orderly and control, protection, conservation, development, management and efficient utilization of the water resources of the state.” (Wat. C. §10005(a)).
- Declares, additionally, this “does not constitute approval for the construction of specific projects or routes for transfer of water, or financial assistance, by the state, without further legislative action, nor shall [it] be construed as a prohibition of the development of the water resources of the state by any entity.” (Wat. C. §10005(b)).
This bill:
- Establishes the California Water Supply Solutions Act of 2023 to, among other things, require DWR to develop a groundwater recharge action plan by January 1, 2026, that provides actionable recommendations that result in the ability to create additional groundwater recharge capacity.
- Requires DWR to consult with the State Water Resources Control Board (SWRCB), the nine regional water quality control boards (regional boards), and the advisory committee, which may be enlarged as provided, in carrying out these provisions.
- Requires the groundwater recharge action plan to identify and make recommendations on immediate opportunities and potential long-term solutions to increase the state’s groundwater supply, as specified.
- Requires specified actions concerning the groundwater recharge action plan, including, among other things, requiring DWR to include it as part of the 2028 update to the California Water Plan and to update the groundwater recharge action plan at the same time that they prepare updates to the California Water Plan.
- Requires DWR, SWRCB and the regional boards, upon an appropriation or further action by the Legislature, to implement the recommendations identified in the groundwater recharge action plan that result in new infrastructure and institutional mechanisms in place that provide for the ability to create additional groundwater recharge capacity.
- Requires a portion of the hearings related to the California Water Plan to be in regions of the state that have been impacted the most by drought, including, but not limited to, communities with minority populations, communities with low-income populations, agricultural communities, and water disparate communities.
Background
- California Water Plan. The California Water Plan “is accepted as the master plan which guides the orderly and control, protection, conservation, development, management and efficient utilization of the water resources of the state.” (Wat. C. §10005(a)). Additionally, this declaration “does not constitute approval for the construction of specific projects or routes for transfer of water, or for financial assistance, by the state, without further legislative action, nor shall [it] be construed as a prohibition of the development of the water resources of the state by any entity. (Wat. C. §1005(b)).
As a part of updating the California Water Plan every five years, DWR is required to include a discussion of various strategies, including those relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, and water transfers that may be used to meet future water needs of the state. DWR is also required to conduct a study to determine the amount of water needed to meet the state’s future needs and to recommend programs, policies, and facilities to meet those needs. (Wat. C. §§10004.5, 10004.6). The next update is scheduled for this year.
- California’s groundwater. California’s groundwater use is the largest in the United States, with approximately 16% of the nation’s groundwater supplies being extracted from the state’s aquifers. With help from the state’s groundwater resources, California has become the largest food and agricultural economy in the nation. However, the use of groundwater also has its pitfalls, including diminished quantity and degraded quality of groundwater resources, damaged infrastructure due to land subsidence, and a decline in ecosystem.
Many of the state’s groundwater basins are being managed sustainably; but in some basins, particularly those that underlie major agricultural regions, groundwater withdrawals exceed the amount that is recharged.
Groundwater recharge occurs when water seeps into the ground to replenish underground aquifers and can play an important role in water management in California. Many areas throughout California already participate in groundwater recharge activities. Although some recharge happens incidentally, with water flowing into the ground from rivers, unlined canals, or excess irrigation, intentional recharge can restore groundwater levels and store water for later use. Recharge can also help mitigate impacts from groundwater pumping, such as dry wells or subsidence, while providing wetland habitat for birds, reducing flood risk, and storing water for droughts.
Common methods of recharge include filling dedicated recharge basins or ponds, directing water to unlined canals and riverbeds, injecting water through wells, and using extra surface water to avoid pumping (this is often referred to as in-lieu recharge).
According to the Public Policy Institute of California, a key challenge to expanding recharge is that most available flows occur in the wetter parts of the state, while most overdraft (and thus the most demand for recharge) occurs in areas with less water. For example, the most overdrafted basins in the Central Valley also lack enough supplies for recharge.
- Expanding average annual groundwater recharge. In August, Governor Newsom released “California’s Water Supply Strategy: Adapting to a Hotter, Drier Future.” The report outlines a suite of actions intended to help local water agencies accelerate the pace and scale of groundwater recharge. These actions center on helping local agencies understand the best locations for recharge, analyze the impact of their recharge proposals on the environment and other water users, and expeditiously permit their projects.
Comments
Purpose of Bill. According to the author, “To meaningfully address the future of water supply in a shifting climate, we must be proactive. SB 659 may be one of the most important conversations California needs to have. Groundwater is a critical component of the state’s water storage, accounting for up to 60% of the state’s total water supply during a drought. Groundwater recharge projects provide multiple benefits, such as reducing flood risk, storing water for future droughts, maintaining agricultural productivity or domestic water use, improving management for environmental flows, and sustaining groundwater-dependent ecosystems.
“By creating a state policy of increasing groundwater recharge, SB 659 will address climate change in a way that is consistent with California’s existing policy goals to reduce greenhouse gas emissions, reduce reliance on fossil fuels, and better prepare us for the future.”
Related/Prior Legislation
SB 366 (Caballero, 2023) revises and recasts the provisions of the California Water Plan to, among other things, require DWR to conduct a study to determine the amount of water needed to meet the state’s future water needs and to establish a long-term water supply target for 2050. SB 366 is pending on the Senate Floor.
SB 651 (Grove, 2023) requires CEQA-related challenges to projects that implement an approved groundwater sustainability plan or an interim groundwater sustainability plan be decided by the courts within 270 days, if feasible. SB 651 is pending on the Senate Floor.
AB 1488 (Wallis, 2023) expands the application of the Jobs and Economic Improvement Through Environmental Leadership Act of 2021 to water storage projects, water conveyance projects, and groundwater recharge projects that provide public benefits and drought preparedness. AB 1488 was held in its first policy committee.
AB 2857 (Bauer-Kahan, 2022) would have required, for purposes of SGMA, that a groundwater sustainability plan include measures to mitigate adverse impacts on domestic wells, including compensating an owner of a domestic well or a user of water from a domestic well for increased energy costs associated with deeper groundwater pumping. AB 2857 was held in its first policy committee.
AB 441 (Eggman, 2019) would have declared that the diversion of water to underground storage, including the diversion of water for groundwater recharge, constitutes a diversion of water for beneficial use for which an appropriation may be made if the diverted water is put to beneficial use, as specified. AB 441 was held in the Assembly Appropriations Committee on suspense.
AB 1925 (Chang, 2016) would have required DWR to establish desalination goals for drinking water for 2025 and 2030 as part of a comprehensive water plan that fully evaluates other options, including recycled water, conservation, stormwater capture, water recharge, and water efficiency. AB 1925 was held in the Assembly Appropriations Committee on suspense.
SB 228 (Cannella, 2015) would have declared that the recharging of a groundwater basin by a local groundwater management agency or a local groundwater sustainability agency for the purposes of repelling saline intrusion and recovering basin groundwater levels constitutes a beneficial use of water if the recharge is consistent with the local agency’s groundwater management plan or groundwater sustainability plan. SB 228 was held in its first policy committee.
AB 647 (Eggman, 2015) would have, among other things, declared that the diversion of water to underground storage constitutes a beneficial use of water if the water is thereafter applied to the beneficial purposes for which the appropriation for storage was made, or if the water is stored consistent with a sustainable groundwater management plan, statutory authority to conduct groundwater recharge, or a judicial degree and is for specified purposes. AB 647 would have required any person seeking to store water underground to first apply to SWRCB for a permit to appropriate water or petition SWRCB for a change, as specified. AB 647 was held in the Senate Natural Resources and Water Committee.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee,
- DWR estimates one-time costs of about $3 million ($1.5 million each year for two years, General Fund or special fund) to fund 10 existing positions to develop the plan and carry out the requirements of the bill. After this initial two year period, DWR estimates ongoing costs of about $300,000 annually (General Fund or special fund) to participate in the update of the Water Plan with this action plan.
- The State Water Resources Control Board (SWRCB) and nine Regional Water Boards estimate ongoing costs of about $2.3 million annually (General Fund or special fund) to implement the provisions of this bill and provide consultation to DWR for the groundwater recharge action plan and future California Water Plan updates. The SWRCB and Regional Water Boards would need to (1) review mapped groundwater recharge areas and consider the potential threat to water quality and beneficial uses, (2) address water rights permitting issues, (3) provide expert assistance in the analysis on where groundwater recharge will be effective and protective of access to safe drinking water, and 4) communicate and coordinate regulatory efforts between all of the Water Boards and DWR.
- Unknown but potentially significant cost pressure (various funds) related to implementing the recommendations identified in the groundwater recharge action plan and/or providing funding for other actions and projects identified by the plan.
SUPPORT: (Verified 5/18/23)
Regional Water Authority (source)
American Pistachio Growers
Associated General Contractors of California
Association of California Water Agencies
California Association of Winegrape Growers
CalChamber
California Apple Commission
California Association of Pest Control Advisers
California Association of Realtors
California Avocado Commission
California Blueberry Association
California Blueberry Commission
California Builders Alliance
California Citrus Mutual
California Cotton Ginners and Growers Association
California Fresh Fruit Association
California Walnut Commission
City of Roseville
City of Sacramento
Clean Water Action
Community Water Center
Eastern Municipal Water District
Family Winemakers of California
Far West Equipment Dealers Association
Irvine Ranch Water District
Leadership Counsel for Justice and Accountability
Northern California Water Association
Olive Growers Council of California
Plant California Alliance
Rancho California Water District
Sacramento Area Council of Governments
Sacramento Area Flood Control Agency
Sacramento Metropolitan Chamber of Commerce
Sacramento Regional Builders Exchange
Sacramento Suburban Water District
Sonoma County Water Agency
Sustainable Conservation
The Nature Conservancy
Turlock Irrigation District
Western Agricultural Processors Association
Wine Institute
OPPOSITION: (Verified 5/18/23)
None received
ARGUMENTS IN SUPPORT: The Regional Water Authority, sponsor of this bill, writes that “[i]n order to protect our State’s economy and environment, it is critically important that we address the challenges posed by climate change and improve on a water system in California that was built many decades ago for different climate patterns. SB 659 would place a high priority on groundwater recharge … to ensure California can capture and store more water and improve the resiliency of our communities, agriculture, and the environment to drought and dry years. … . SB 659 establishes a sensible and non-controversial path to capture water during future wet periods.
Prepared by: Genevieve Wong / N.R. & W. / (916) 651-4116
5/25/23 12:36:35
**** END ****
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
SB 659 (Ashby) - California Water Supply Solutions Act of 2023
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill would establish the California Water Supply Solutions Act of 2023 to, among other things, require the Department of Water Resources (DWR) to develop a groundwater recharge action plan by January 1, 2026, that provides actionable recommendations that result in the ability to create an additional groundwater recharge capacity of 10,000,000 acre-feet by December 31, 2035.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 18, 2023
Fiscal Impact:
- DWR estimates one-time costs of about $3 million ($1.5 million each year for two years, General Fund or special fund) to fund 10 existing positions to develop the plan and carry out the requirements of the bill. After this initial two year period, DWR estimates ongoing costs of about $300,000 annually (General Fund or special fund) to participate in the update of the Water Plan with this action plan.
- The State Water Resources Control Board (SWRCB) and nine Regional Water Boards estimate ongoing costs of about $2.3 million annually (General Fund or special fund) to implement the provisions of this bill and provide consultation to DWR for the groundwater recharge action plan and future California Water Plan updates. The SWRCB and Regional Water Boards would need to 1) review mapped groundwater recharge areas and consider the potential threat to water quality and beneficial uses, 2) address water rights permitting issues, 3) provide expert assistance in the analysis on where groundwater recharge will be effective and protective of access to safe drinking water, and 4) communicate and coordinate regulatory efforts between all of the Water Boards and DWR.
- Unknown but potentially significant cost pressure (various funds) related to implementing the recommendations identified in the groundwater recharge action plan and/or providing funding for other actions and projects identified by the plan.
Committee Amendments:
These amendments would eliminate the target for additional groundwater recharge capacity of 10,000,000 acre-feet by December 31, 2035.
-- END --
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
SB 659 (Ashby) - California Water Supply Solutions Act of 2023
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill would establish the California Water Supply Solutions Act of 2023 to, among other things, require the Department of Water Resources (DWR) to develop a groundwater recharge action plan by January 1, 2026, that provides actionable recommendations that result in the ability to create an additional groundwater recharge capacity of 10,000,000 acre-feet by December 31, 2035.
Fiscal Impact:
- DWR estimates one-time costs of about $3 million ($1.5 million each year for two years, General Fund or special fund) to fund 10 existing positions to develop the plan and carry out the requirements of the bill. After this initial two year period, DWR estimates ongoing costs of about $300,000 annually (General Fund or special fund) to participate in the update of the Water Plan with this action plan.
- The State Water Resources Control Board (SWRCB) and nine Regional Water Boards estimate ongoing costs of about $2.3 million annually (General Fund or special fund) to implement the provisions of this bill and provide consultation to DWR for the groundwater recharge action plan and future California Water Plan updates. The SWRCB and Regional Water Boards would need to 1) review mapped groundwater recharge areas and consider the potential threat to water quality and beneficial uses, 2) address water rights permitting issues, 3) provide expert assistance in the analysis on where groundwater recharge will be effective and protective of access to safe drinking water, and 4) communicate and coordinate regulatory efforts between all of the Water Boards and DWR.
- Unknown but potentially significant cost pressure (various funds) related to implementing the recommendations identified in the groundwater recharge action plan and/or providing funding for other actions and projects identified by the plan.
Background:
California’s groundwater. California’s groundwater use is the largest in the United States, with approximately 16% of the nation’s groundwater supplies being extracted from the state’s aquifers. With help from the state’s groundwater resources, California has become the largest food and agricultural economy in the nation. However, the use of groundwater also has its pitfalls, including diminished quantity and degraded quality of groundwater resources, damaged infrastructure due to land subsidence, and a decline in the ecosystem.
Many of the state’s groundwater basins are being managed sustainably; but in some basins, particularly those that underlie major agricultural regions, groundwater withdrawals exceed the amount that is recharged.
Groundwater recharge occurs when water seeps into the ground to replenish underground aquifers and can play an important role in water management in California. Many areas throughout California already participate in groundwater recharge activities. Although some recharge happens incidentally, with water flowing into the ground from rivers, unlined canals, or excess irrigation, intentional recharge can restore groundwater levels and store water for later use. Common methods of recharge include filling dedicated recharge basins or ponds, directing water to unlined canals and riverbeds, injecting water through wells, and using extra surface water to avoid pumping.
Expanding average annual groundwater recharge. In August, Governor Newsom released “California’s Water Supply Strategy: Adapting to a Hotter, Drier Future.” The report outlines a suite of actions intended to help local water agencies accelerate the pace and scale of groundwater recharge. These actions center on helping local agencies understand the best locations for recharge, analyze the impact of their recharge proposals on the environment and other water users, and expeditiously permit their projects.
Local agencies are developing groundwater recharge projects around the state. By the end of next year, the state cumulatively will have invested $350 million in local assistance for recharge projects. In planning documents, local agencies have proposed more than 340 new recharge projects that, if built, could result in as much as 2.2 million acre-feet of additional stored water in a single wet year by 2030. Until those projects are permitted, it is unclear how much water they will have the capacity to divert to underground storage; multiple proposals may rely on the same sources of unappropriated water. But, the Administration estimates that an additional 500,000 acre-feet is a reasonable approximation of the additional average annual recharge volume that may be obtained after these projects are vetted, permitted, and constructed.
To help achieve this target, DWR and the SWRCB plan to continue providing regulatory and technical assistance to local agencies that have received state funds to ensure groundwater recharge project proponents can successfully navigate the regulatory processes. Additionally, the Administration is considering the following actions:
- Prioritizing state funding for groundwater recharge projects that target high-flow events; and
- Establishing a SWRCB, DWR, and the California Department of Food and Agriculture “Groundwater Recharge Coordinating Committee” to jointly implement the groundwater recharge initiatives.
Proposed Law:
This bill would establish the California Water Supply Solutions Act of 2023 to, among other things, require the Department of Water Resources (DWR) to develop a groundwater recharge action plan by January 1, 2026, that provides actionable recommendations that result in the ability to create an additional groundwater recharge capacity of 10,000,000 acre-feet by December 31, 2035. Specifically, this bill would:
- Establish the California Water Supply Solutions Act of 2023 to, among other things, require DWR to develop a groundwater recharge action plan by January 1, 2026, that provides actionable recommendations that result in the ability to create an additional groundwater recharge capacity of 10,000,000 acre-feet by December 31, 2035.
- Require DWR to consult with the State Water Resources Control Board ( SWRCB), the 9 regional water quality control boards (regional boards), and the advisory committee, which may be enlarged as provided, in carrying out these provisions.
- Require the groundwater recharge action plan to identify and make recommendations on immediate opportunities and potential long-term solutions to increase the state’s groundwater supply, as specified.
- Require specified actions concerning the groundwater recharge action plan, including, among other things, requiring DWR to include it as part of the 2028 update to the California Water Plan and to update the groundwater recharge action plan at the same time that they prepare updates to the California Water Plan.
- Require DWR and the SWRCB and the regional boards, (Water Boards), upon an appropriation or further action by the Legislature, to implement the recommendations identified in the groundwater recharge action plan that result in new infrastructure and institutional mechanisms in place that provide for the ability to create an additional groundwater recharge capacity of 10,000,000 acre-feet by December 31, 2035.
- Require a portion of the hearings related to the California Water Plan to be in regions of the state that have been impacted the most by drought, including, but not limited to, communities with minority populations, communities with low-income populations, agricultural communities, and water disparate communities.
Related Legislation:
SB 366 (Caballero) would revise and recast the provisions of the California Water Plan.
SB 651 (Grove) would require CEQA-related challenges to projects that enhance the ability of the state or local agency to capture high precipitation events for local storage or recharge be decided by the courts within 270 days, if feasible.
AB 441 (Eggman, 2019) would have declared that the diversion of water to underground storage, including the diversion of water for groundwater recharge, constitutes a diversion of water for beneficial use for which an appropriation may be made if the diverted water is put to beneficial use, as specified. AB 441 was held on the Suspense File in the Assembly Appropriations Committee.
-- END --
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Allen, Chair
2023 - 2024 Regular
Bill No: SB 659
Author: | Ashby | ||
Version: | 4/12/2023 | Hearing Date: | 4/26/23 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Gabrielle Meindl | ||
SUBJECT: California Water Supply Solutions Act of 2023
DIGEST: Establishes the California Water Supply Solutions Act of 2023 to, among other things, require the Department of Water Resources (DWR) to develop a groundwater recharge action plan by January 1, 2026, that provides actionable recommendations that result in the ability to create an additional groundwater recharge capacity of 10,000,000 acre-feet by December 31, 2035.
ANALYSIS:
Existing law:
- Requires DWR to update every five years the plan for the orderly and coordinated control, protection, conservation, development, and use of the water resources of the state, which is known as The California Water Plan. (Water Code (WAT) §10004)
- Requires DWR to include a discussion of various strategies in the plan update, including, but not limited to, strategies relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, water transfers, and alternative pricing policies that may be pursued to meet the future needs of the state. (WAT §10004.5)
- Declares that the California Water Plan “is accepted as the master plan which guides the orderly and control, protection, conservation, development, management and efficient utilization of the water resources of the state.” (WAT §10005(a)).
- Additionally declares this “does not constitute approval for the construction of specific projects or routes for transfer of water, or financial assistance, by the state, without further legislative action, nor shall [it] be construed as a prohibition of the development of the water resources of the state by any entity.” (WAT §10005(b)).
This bill:
- Establish the California Water Supply Solutions Act of 2023 to, among other things, require DWR to develop a groundwater recharge action plan by January 1, 2026, that provides actionable recommendations that result in the ability to create an additional groundwater recharge capacity of 10,000,000 acre-feet by December 31, 2035.
- Requires DWR to consult with the State Water Resources Control Board (State Water Board), the 9 regional water quality control boards (regional boards), and the advisory committee, which may be enlarged as provided, in carrying out these provisions.
- Requires the groundwater recharge action plan to identify and make recommendations on immediate opportunities and potential long-term solutions to increase the state’s groundwater supply, as specified.
- Requires specified actions concerning the groundwater recharge action plan, including, among other things, requiring DWR to include it as part of the 2028 update to the California Water Plan and to update the groundwater recharge action plan at the same time that they prepare updates to the California Water Plan.
- Requires DWR and the State Water Board and the regional boards, (Water Boards), upon an appropriation or further action by the Legislature, to implement the recommendations identified in the groundwater recharge action plan that result in new infrastructure and institutional mechanisms in place that provide for the ability to create an additional groundwater recharge capacity of 10,000,000 acre-feet by December 31, 2035.
- Requires a portion of the hearings related to the California Water Plan to be in regions of the state that have been impacted the most by drought, including, but not limited to, communities with minority populations, communities with low-income populations, agricultural communities, and water disparate communities.
Background
- California’s groundwater. California’s groundwater use is the largest in the United States, with approximately 16% of the nation’s groundwater supplies being extracted from the state’s aquifers. With help from the state’s groundwater resources, California has become the largest food and agricultural economy in the nation. However, the use of groundwater also has its pitfalls, including diminished quantity and degraded quality of groundwater resources, damaged infrastructure due to land subsidence, and a decline in the ecosystem.
Many of the state’s groundwater basins are being managed sustainably; but in some basins, particularly those that underlie major agricultural regions, groundwater withdrawals exceed the amount that is recharged.
Groundwater recharge occurs when water seeps into the ground to replenish underground aquifers and can play an important role in water management in California. Many areas throughout California already participate in groundwater recharge activities. Although some recharge happens incidentally, with water flowing into the ground from rivers, unlined canals, or excess irrigation, intentional recharge can restore groundwater levels and store water for later use. Common methods of recharge include filling dedicated recharge basins or ponds, directing water to unlined canals and riverbeds, injecting water through wells, and using extra surface water to avoid pumping.
- Expanding average annual groundwater recharge. In August, Governor Newsom released “California’s Water Supply Strategy: Adapting to a Hotter, Drier Future.” The report outlines a suite of actions intended to help local water agencies accelerate the pace and scale of groundwater recharge. These actions center on helping local agencies understand the best locations for recharge, analyze the impact of their recharge proposals on the environment and other water users, and expeditiously permit their projects.
- Local agencies are developing groundwater recharge projects around the state. By the end of next year, the state cumulatively will have invested $350 million in local assistance for recharge projects. In planning documents, local agencies have proposed more than 340 new recharge projects that, if built, could result in as much as 2.2 million acre-feet of additional stored water in a single wet year by 2030. Until those projects are permitted, it is unclear how much water they will have the capacity to divert to underground storage; multiple proposals may rely on the same sources of unappropriated water. But, the Administration estimates that an additional 500,000 acre-feet is a reasonable approximation of the additional average annual recharge volume that may be obtained after these projects are vetted, permitted, and constructed.
To help achieve this target, DWR and the State Water Board plan to continue providing regulatory and technical assistance to local agencies that have received state funds to ensure groundwater recharge project proponents can successfully navigate the regulatory processes. Additionally, the Administration is considering the following actions:
- Prioritizing state funding for groundwater recharge projects that target high-flow events; and
- Establishing a State Water Board, DWR, and the California Department of Food and Agriculture “Groundwater Recharge Coordinating Committee” to jointly implement the groundwater recharge initiatives.
Comments
- Purpose of Bill. According to the author, “To meaningfully address the future of water supply in a shifting climate, we must be proactive. SB 659 may be one of the most important conversations California needs to have. Groundwater is a critical component of the state’s water storage, accounting for up to 60% of the state’s total water supply during a drought. Groundwater recharge projects provide multiple benefits, such as reducing flood risk, storing water for future droughts, maintaining agricultural productivity or domestic water use, improving management for environmental flows, and sustaining groundwater-dependent ecosystems.
“By creating a state policy of increasing groundwater recharge by 10 million acre-feet, SB 659 will address climate change in a way that is consistent with California’s existing policy goals to reduce greenhouse gas emissions, reduce reliance on fossil fuels, and better prepare us for the future.”
- A reasonable approach. California has an immense capacity to store water underground. Intentional, directed recharge of groundwater is one of the fastest and cheapest ways to capture runoff from fast-moving storms during wet years. It has the additional advantage of helping to prevent land surface collapse due to over-pumping, which can damage roads, canals, and bridges.
Amendments taken in the Senate Natural Resources and Water Committee on April 11, 2023:
- Provide DWR, in consultation with the State Water Board and the regional boards, an additional year to prepare and approve a groundwater recharge plan;
- Integrate the recharge plan with the California Water Plan and align its updating requirements with that Plan’s requirements;
- Require the implementation of any recommendations upon appropriation or further legislation;
- Clarify the groundwater action plan provides a path for achieving an additional groundwater recharge capacity of 10,000,000 acre-feet by December 31, 2035; and
- Require the plan to include best practices, including:
- Analysis regarding where groundwater recharge will be effective and protective of access to safe drinking water; and
- Mapping that identifies areas where recharge is unlikely to degrade groundwater quality.
With these amendments, SB 659 is poised to spur the expansion of groundwater recharge in the coming years in an environmentally responsible and sensible manner.
DOUBLE REFERRAL:
This bill was heard by the Senate Natural Resources & Water Committee on April 11, 2023, where it was approved on a 10-0 vote.
Related/Prior Legislation
SB 366 (Caballero) revises and recasts the provisions of the California Water Plan, including adding a requirement that the plan includes a water supply planning target of 15 MAF of water by 2050 with an interim target of 10 MAF of water by 2040, a discussion of various strategies that may be pursued to meet the water supply targets, and a financing plan to meet the water supply targets. SB 366 has been referred to this committee and is set to be heard on April 26, 2023.
SB 651 (Grove) requires CEQA-related challenges to projects that enhance the ability of the state or local agency to capture high precipitation events for local storage or recharge be decided by the courts within 270 days, if feasible. SB 651 has been referred to this committee and is set to be heard on April 26, 2023.
AB 441 (Eggman, 2019) would have declared that the diversion of water to underground storage, including the diversion of water for groundwater recharge, constitutes a diversion of water for beneficial use for which an appropriation may be made if the diverted water is put to beneficial use, as specified. AB 441 was held in the Assembly Appropriations Committee on suspense.
SOURCE:
Regional Water Authority
California Association of Winegrape Growers
SUPPORT:
American Pistachio Growers
Associated General Contractors of California
Association of California Water Agencies (ACWA)
CA Assn of Winegrape Growers
California Apple Commission
California Association of Pest Control Advisers
California Avocado Commission
California Blueberry Association
California Blueberry Commission
California Citrus Mutual
California Cotton Ginners and Growers Association
California Fresh Fruit Association
California Walnut Commission
City of Sacramento Department of Utilities
Far West Equipment Dealers Association
Northern California Water Association
Olive Growers Council of California
Plant California Alliance
Rancho California Water District
Regional Water Authority
Sacramento Area Council of Governments
Sacramento Area Flood Control Agency
Sacramento Metropolitan Chamber of Commerce
Sacramento Regional Builders Exchange (SRBX)
Sacramento Suburban Water District
Turlock Irrigation District
Western Agricultural Processors Association
Wine Institute
OPPOSITION:
None received
-- END --
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Dave Min, Chair
2023 - 2024 Regular
Bill No: SB 659 Hearing Date: April 11, 2023
Author: | |||
Version: | Amended | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: California Water Supply Solutions Act of 2023
BACKGROUND AND EXISTING LAW
The Department of Water Resources (DWR) manages California’s water resources, systems, and infrastructure. Its responsibilities, among other things, include:
- The construction and management of the State Water Resources Development System, commonly known as the State Water Project.
- Preventing and responding to floods, droughts, and catastrophic events.
- Restoring habitats.
- Planning for future water needs, climate change impacts, and flood protection.
- Developing the California Water Plan.
The State Water Resources Control Board (SWRCB), among other things, is responsible for:
- Administering and enforcing the state’s water rights system.
- Protecting water quality and enforcing state water quality laws.
The California Water Plan “is accepted as the master plan which guides the orderly and control, protection, conservation, development, management and efficient utilization of the water resources of the state.” (Water Code §10005(a)). Additionally, this declaration “does not constitute approval for the construction of specific projects or routes for transfer of water, or for financial assistance, by the state, without further legislative action, nor shall [it] be construed as a prohibition of the development of the water resources of the state by any entity. (Water Code §1005(b)).
As a part of updating the California Water Plan every five years, DWR is required to include a discussion of various strategies, including those relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, and water transfers that may be used to meet future water needs of the state. DWR is also required to conduct a study to determine the amount of water needed to meet the state’s future needs and to recommend programs, policies, and facilities to meet those needs. (Water Code §§10004.5, 10004.6). The next update is scheduled for this year.
California’s groundwater. California’s groundwater use is the largest in the United States, with approximately 16% of the nation’s groundwater supplies being extracted from the state’s aquifers. With help from the state’s groundwater resources, California has become the largest food and agricultural economy in the nation. However, the use of groundwater also has its pitfalls, including diminished quantity and degraded quality of groundwater resources, damaged infrastructure due to land subsidence, and a decline in ecosystem.
Many of the state’s groundwater basins are being managed sustainably; but in some basins, particularly those that underlie major agricultural regions, groundwater withdrawals exceed the amount that is recharged.
Groundwater recharge occurs when water seeps into the ground to replenish underground aquifers and can play an important role in water management in California. Many areas throughout California already participate in groundwater recharge activities. Although some recharge happens incidentally, with water flowing into the ground from rivers, unlined canals, or excess irrigation, intentional recharge can restore groundwater levels and store water for later use. Recharge can also help mitigate impacts from groundwater pumping, such as dry wells or subsidence, while providing wetland habitat for birds, reducing flood risk, and storing water for droughts.
Common methods of recharge include filling dedicated recharge basins or ponds, directing water to unlined canals and riverbeds, injecting water through wells, and using extra surface water to avoid pumping (this is often referred to as in-lieu recharge).
According to the Public Policy Institute of California, a key challenge to expanding recharge is that most available flows occur in the wetter parts of the state, while most overdraft (and thus the most demand for recharge) occurs in areas with less water. For example, the most overdrafted basins in the Central Valley also lack enough supplies for recharge.
PROPOSED LAW
This bill enacts the California Water Supply Solutions Act of 2023, which would:
- Require DWR, in consultation with SWRCB and the nine regional water boards (collectively, water boards) and by January 1, 2025, to prepare and approve a groundwater recharge action plan (recharge plan), to be included in the next California Water Plan update. Future updates of the recharge plan will also be done at the same time as the California Water Plan update.
- Require the recharge plan to:
- Provide recommendations that result in the ability to achieve an annual increase of 10 million acre-feet (MAF) of groundwater recharge by December 31, 2035.
- Identify and make recommendations on immediate opportunities and potential long-term solutions to increase the state’s groundwater supply.
- Require DWR and the water boards to:
- Seek out and consider all relevant information from the agriculture, environmental, and environmental justice sectors, local water supply agencies, communities potentially impacted by the recharge plan, and from researchers and experts on climate science, climate science solutions, water storage, water conveyance, and environmental protection.
- Conduct public workshops on the recharge plan, as specified.
- Evaluate the potential costs and total potential economic and noneconomic benefits of implementing the recommendations of the recharge plan.
- Require DWR and the water boards, by December 31, 2035, to implement the recharge plan’s recommendations that result in new infrastructure and institutional mechanisms that provide for the ability to create an additional average annual groundwater recharge amount of 10 MAF.
ARGUMENTS IN SUPPORT
According to the author, “To meaningfully address the future of water supply in a shifting climate, we must be proactive. SB 659 may be one of the most important conversations California needs to have.
Groundwater is a critical component of the state’s water storage, accounting for up to 60% of the state’s total water supply during a drought. Groundwater recharge projects provide multiple benefits, such as reducing flood risk, storing water for future droughts, maintaining agricultural productivity or domestic water use, improving management for environmental flows, and sustaining groundwater-dependent ecosystems.
By creating a state policy of increasing groundwater recharge by 10 million acre-feet, SB 659 will address climate change in a way that is consistent with California’s existing policy goals to reduce greenhouse gas emissions, reduce reliance on fossil fuels, and better prepare us for the future.”
The Regional Water Authority, sponsor of the bill, writes that “[i]n order to protect our State’s economy and environment, it is critically important that we address the challenges posed by climate change and improve on a water system in California that was built many decades ago for different climate patterns. SB 659 would place a high priority on groundwater recharge … to ensure California can capture and store more water and improve the resiliency of our communities, agriculture, and the environment to drought and dry years. … . SB 659 establishes a sensible and non-controversial path to capture water during future wet periods.”
ARGUMENTS IN OPPOSITION
None received
COMMENTS
Is one year enough time? SB 659 requires DRW, in consultation with the water boards, to prepare and approve a groundwater recharge plan by 2025 that would achieve a 10 MAF increase of groundwater recharge annually. In developing the plan, DWR would be required to consult with various stakeholder groups and hold a series of workshops. It is unknown whether such a plan will be complicated to develop, especially given the number of stakeholder groups that must be consulted. What are the different considerations DWR will have to consider? What are the competing interests? What are the drawbacks of different groundwater recharge actions? Will an accounting system for water rights claimants need to be developed as a part of those projects? This, and more, will likely be considered by DWR. To give DWR more time to thoughtfully and carefully implement this bill, the committee may wish to amend the bill to give DWR an additional year, at least, to develop the plan, making the plan due in 2026.
Thinkin’ of a master plan. SB 659 requires the groundwater recharge plan be a part of the 2028 California Water Plan update and to subsequently update the recharge plan at the same time DWR updates the California Water Plan. However, there are some differences between the two plans:
California Water Plan | SB 659 Recharge Plan | |
Update | Every 5 years (one is anticipated this year, the next in 2028). | Initial plan due by 2025 to be included in the 2028 update for the California Water Plan, and then updated every 5 years thereafter. |
Groups required to seek information from when developing/updating | Advisory committee made up of agricultural and urban water supplies, local government, business, production, agriculture, environmental interests, and other interested parties. | Agriculture, environmental, environmental justice, local water supply agencies, communities potentially impacted by the recharge plan, and researchers and experts on climate science, climate science solutions, water storage, water conveyance, and environmental protection. |
Public workshop/hearing requirements | “Series” of hearings with interested persons, organizations, local, state, and federal agencies, and representatives of the diverse geographical areas and interests of the state. | “Series” of public workshops; portion of the workshops are required to be in portions of the state impacted most by drought. |
Implementation | While considered the “master plan,” is not required and does not constitute approval for construction of specific projects or routes for transfer of water, or for financial assistance, without further legislative action. | Requires implementation of recommendations by January 1, 2035. |
Given that, following the initial adoption of the recharge plan, the recharge plan will be included, and adopted simultaneously as, the California Water Plan, it might provide a cleaner process to make the recharge plan a part of the California Water Plan and subject to the same requirements. The committee may wish to amend the bill to integrate the recharge plan with the California Water Plan and align its updating requirements with the California Water Plan’s update requirements.
Because this restructuring would require all of the substantive provisions of the newly-created Part 2.77 California Water Supply Solutions Act of 2023 to be integrated with The California Water Plan, leaving only the “findings and declarations,” the committee may wish to amend the bill to:
- Uncodify the findings and declarations.
- Instead of adding a new Part 2.77 to be called the California Water Supply Solutions Act of 2023, call SB 659 by that same name.
Weighing costs and benefits. SB 659 requires DWR to evaluate the total potential economic costs and total potential economic and noneconomic benefits of implementing the action plan’s recommendations. Just as there are economic and noneconomic benefits, there can also be economic and noneconomic costs. To ensure balanced considerations are given to all types of costs and benefits, the committee may wish to amend the bill to require DWR to also evaluate the potential noneconomic costs of the plan’s recommendations.
It is unclear what DWR will be required to implement. SB 659 requires DWR and the water boards to implement recommendations that would help create an additional groundwater recharge capacity of 10 MAF, recommendations that would also be developed pursuant to the bill. These recommendations would result in new infrastructure and institutional mechanisms. What type of new infrastructure could the recharge plan recommend? What kind of institutional mechanisms? Thus, the Legislature, pursuant to the bill as drafted, would be requiring the implementation of recommendations without knowing what those recommendations are and without further evaluation. The committee may wish to amend the bill to instead require implementation upon appropriation or further legislative act by the Legislature.
What I meant was… In August 2022, the Newsom administration released its California’s Water Supply Strategy – Adapting to a hotter, drier future, which outlines the administration’s strategy and priority actions to adapt and protect water supplies in an era of rising temperatures, including expanding the average annual groundwater recharge by at least 500,000 acre-feet. According to the strategy, “an additional 500,000 acre-feet is a reasonable estimate of the additional average annual recharge volume that may be obtained” based on 340 new recharge projects that have already been proposed around the state. SB 659 calls for an annual increase of 10 MAF of groundwater recharge by December 31, 2035. Compared to the administration’s calculations, this increase, even if only a goal, seems extreme. According to the sponsors, the intent is to create an additional groundwater recharge capacity of 10 MAF by December 31, 2035. The committee may wish to amend the bill to reflect the sponsor’s intent.
Requested amendments. Community Water Center, Leadership Counsel for Justice & Accountability, and Clean Water Action California have a support if amended position. They are seeking three sets of amendments that they believe would make the bill more protective of communities and ensure groundwater recharge benefits all.
The first amendment would strike the reference to the 10 MAF goal from the bill as they believe that setting an annual recharge goal is unnecessary and unrealistic, given the variable hydrology of California. Instead, the coalition thinks the focus should be on identifying places to put water that are feasible in wet years to capture as much water as possible and to prevent flooding.
The second amendment would include protections for water quality impacts, which can occur if recharge is done on lands containing nitrates or heavy metals. Specifically, they request to add the following language:
(3) Best practices identified by the department and water board shall include, but not be limited to:
(A) Analysis regarding where groundwater recharge will be effective and protective of access to safe drinking water consistent with Section 106.3; and
(B) Mapping that identifies areas where recharge is unlikely to degrade groundwater quality based on consideration of the quality and composition of the source water, the qualities of the soil upon which recharge will occur, and the proximity of drinking water wells.
The third amendment would strike the legislative findings about California’s infrastructure and the section framing the roles of both SWRCB and DWR. They write that the infrastructure, of which the legislative findings are about, fails to consider the needs of hundreds of small communities that struggle to access safe and affordable drinking water; and as long as over a million Californians lack access to safe drinking water, the coalition believes that such language is inappropriate. Further, the coalition also finds that framing the roles of SWRCB and DWR in the bill is unnecessary as existing law already defines their roles.
To address some of these stakeholder concerns, the committee may wish to amend the bill to incorporate the second suggested amendment regarding water quality impacts and to strike provisions of the bill framing the roles of SWRCB and DWR.
Author’s amendments. To address some stakeholder concerns and feedback, the author has offered a number of author’s amendments. These include the following:
- Amend the findings and declarations as follows:
- Add a new paragraph (2) that reads, “In California’s coastal watersheds, groundwater is a significant contributor to stream flows, which support coastal communities and ecosystems.” Renumber as appropriate.
- Amend former paragraph (8) to read, “As of 2023,
the only knownone necessary solution that can meet the scale of the problem is groundwater recharge.” - Amend former paragraph (12) to read, “Groundwater recharge
iscan be environmentally friendly, the utilization of which can provide benefitsbeyond not only, including, but not limited to, water supply,butflood control and improved environmental conditions for rivers, wetlands, and habitat. …”
- Amend former Section 10790(a) to read “…in order to increase the state’s groundwater supply without reducing the amount of water available for environmental purposes or any other purposes allowed under California law.”
- Amend former Section 10790(b)/now Section 1004.7(a)(3) to read, “(3) The groundwater recharge plan shall identify and make recommendations on immediate opportunities and potential long-term solutions to increase the state’s groundwater supply, with a priority on multi-benefit projects.”
The committee may wish to allow the author to make these amendments to the bill.
Double referral. This bill will be double referred with the Senate Environmental Quality Committee. Should the bill pass out of this committee, the bill will be referred back to the Senate Rules Committee for referral to the Senate Environmental Quality Committee. Elements of this bill under the jurisdiction of the Senate Environmental Quality Committee are included here for context and completeness only and will be discussed before that Committee.
Related legislation
SB 366 (Caballero) revises and recasts the provisions of the California Water Plan, including adding a requirement that the plan include a water supply planning target of 15 MAF of water by 2050 with an interim target of 10 MAF of water by 2040, a discussion of various strategies that may be pursued to meet the water supply targets, and a financing plan to meet the water supply targets. SB 366 has been referred to this committee and is set to be heard on April 25, 2023.
SB 651 (Grove) exempts from CEQA actions taken by a state agency or local agency, and permits that are necessary to carry out those actions, to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge. The bill also exempts from CEQA a recharge project under DWR’s Sustainable Groundwater Management Grant Program and flood-managed aquifer recharge projects, as specified. SB 651 has been referred to this committee and is set to be heard on April 11, 2023.
AB 828 (Connolly) defines, for the purposes of SGMA, the terms “managed wetland,” “managed wetland extractor,” and “small community water system.” AB 828 has been referred to the Assembly Water, Parks, and Wildlife Committee.
AB 1488 (Wallis) expands the application of the Jobs and Economic Improvement Through Environmental Leadership Act of 2021 to water storage projects, water conveyance projects, and groundwater recharge projects that provide public benefits and drought preparedness. AB 1488 has been referred to the Assembly Natural Resources Committee.
Previous legislation
AB 2857 (Bauer-Kahan, 2022) would have required, for purposes of SGMA, that a groundwater sustainability plan include measures to mitigate adverse impacts on domestic wells, including compensating an owner of a domestic well or a user of water from a domestic well for increased energy costs associated with deeper groundwater pumping. AB 2857 was held in the Assembly Water, Parks, and Wildlife Committee.
AB 441 (Eggman, 2019) would have declared that the diversion of water to underground storage, including the diversion of water for groundwater recharge, constitutes a diversion of water for beneficial use for which an appropriation may be made if the diverted water is put to beneficial use, as specified. AB 441 was held in the Assembly Appropriations Committee on suspense.
AB 1925 (Chang, 2016) would have required DWR to establish desalination goals for drinking water for 2025 and 2030 as part of a comprehensive water plan that fully evaluates other options, including recycled water, conservation, stormwater capture, water recharge, and water efficiency. AB 1925 was held in the Assembly Appropriations Committee on suspense.
SB 228 (Cannella, 2015) would have declared that the recharging of a groundwater basin by a local groundwater management agency or a local groundwater sustainability agency for the purposes of repelling saline intrusion and recovering basin groundwater levels constitutes a beneficial use of water if the recharge is consistent with the local agency’s groundwater management plan or groundwater sustainability plan. SB 228 was held in this committee.
AB 647 (Eggman, 2015) would have, among other things, declared that the diversion of water to underground storage constitutes a beneficial use of water if the water is thereafter applied to the beneficial purposes for which the appropriation for storage was made, or if the water is stored consistent with a sustainable groundwater management plan, statutory authority to conduct groundwater recharge, or a judicial degree and is for specified purposes. AB 647 would have required any person seeking to store water underground to first apply to SWRCB for a permit to appropriate water or petition SWRCB for a change, as specified. AB 647 was held in this committee
SUGGESTED AMENDMENTS – Strike the contents of the bill and replace it with the following:
SECTION 1. (a) This act shall be known, and may be cited, as the California Water Supply Solutions Act of 2023.
(b) The Legislature finds and declares all of the following:
(1) California’s water usage is highly reliant on capturing the snow melt from the snowpack in the Sierra Nevada region on an annual basis. That water is stored in lakes and reservoirs and is then transported throughout the state for environmental, residential, commercial, and agricultural use when needed.
(2) In California’s coastal watersheds, groundwater is a significant contributor to steam flows which support coastal communities and ecosystems.
(3) California has the most intricate and elaborate system of water conveyance in the world.
(4) The State Water Project and the Central Valley Project are transcendent to statewide water supply.
(5) The State Water Project and the Central Valley Project provide water for approximately 30,000,000 people and nearly 4,000,000 acres of agricultural land.
(6) Most California cities and farms as we know them today would not exist without the State Water Project and the Central Valley Project.
(7) Climate change is resulting in a snowpack that is no longer reliable. Instead, California is experiencing infrequent storm events and long periods of drought. California’s precipitation is changing from seasonal snow in the Sierra Nevada region to periods of substantial rainfall, like those from atmospheric rivers.
(8) Climate change is a serious threat to the State Water Project and the Central Valley Project, and by extension, is a serious threat to our statewide water supply. These systems will lose 10 percent of their supplies by 2040. This constitutes a loss of 6,000,000 to 9,000,000 acre-feet of water annually, or the equivalent of the amount of water used to irrigate approximately 20 percent of all agricultural land in the state, or all of the residents, businesses, schools, parks, and sports fields in the state.
(9) As of 2023, one necessary solution that can meet the scale of the problem is groundwater recharge.
(10) The Department of Water Resources describes a statewide capacity in groundwater basins in the range of 1,000,000,000 acre-feet, or approximately 20 times the total surface water storage capacity statewide.
(11) According to the Department of Water Resources, there is the potential for over 13,000,000 acre-feet of groundwater recharge in any given wet year, with more than 2,500,000 acre-feet of existing infrastructure that could currently be available, but that is underutilized.
(12) Groundwater recharge has the greatest capacity to meet the scale of the challenge and is also the lowest cost option per acre-foot.
(13) Groundwater recharge can be environmentally friendly, the utilization of which can provide benefits, including but not limited to, water supply, flood control and improved environmental conditions for rivers, wetlands, and habitat. For example, in a recent analysis of a central valley river, it was estimated that full implementation of groundwater recharge projects could simultaneously address 63 percent of water supply shortages and provide a 65 percent reduction in flood risk. Additionally, other groundwater recharge projects would prioritize storage in reservoirs, minimizing demand for surface water in dry conditions when that water is most valuable for environmental flows.
(14) California must make a historic change in how water is provided for environmental, residential, commercial, and agricultural use when needed. Enhancing the ability to recharge groundwater is essential for current and future water management that is consistent with present-day values of equity and environmental stewardship. As the lowest cost option to meet the scale of water supply needs, groundwater recharge can best balance equity challenges faced between affordability and access.
(15) California must prioritize significantly increasing the recharge of groundwater by 2035 in order to avoid the severe impacts on water supplies coming by 2040.
SECTION 2. Section 10004 of the Water Code is amended to read
10004.(a) The plan for the orderly and coordinated control, protection, conservation, development, and utilization of the water resources of the state which is set forth and described in Bulletin No. 1 of the State Water Resources Board entitled “Water Resources of California,” Bulletin No. 2 of the State Water Resources Board entitled, “Water Utilization and Requirements of California,” and Bulletin No. 3 of the department entitled, “The California Water Plan,” with any necessary amendments, supplements, and additions to the plan, shall be known as “The California Water Plan.”
(b) (1) The department shall update The California Water Plan on or before December 31, 2003, and every five years thereafter. The department shall report the amendments, supplements, and additions included in the updates of The California Water Plan, together with a summary of the department’s conclusions and recommendations, to the Legislature in the session in which the updated plan is issued.
(2)(A) The department shall establish an advisory committee, comprised of representatives of agricultural and urban water suppliers, local government, business, production agriculture, and environmental interests, and other interested parties, to assist the department in the updating of The California Water Plan. The department shall consult with the advisory committee in carrying out this section. The department shall provide written notice of meetings of the advisory committee to any interested person or entity that request the notice. The meetings shall be open to the public.
(B) The department, commencing on the effective date of the act which added Section 10004.7 to the Water Code, may add members to the advisory committee to carry out the purposes of Section 10004.7. Additional advisory committee members may include environmental justice sectors, local water supply agencies, and researchers and experts on climate science, climate science solutions, water storage, water conveyance, and environmental protection.
(3) The department shall release a preliminary draft of The California Water Plan, as updated, upon request, to interested persons and entities throughout the state for their review and comments. The department shall provide these persons and entities an opportunity to present written or oral comments on the preliminary draft. The department shall consider these comments in the preparation of the final publication of The California Water Plan, as updated.
SEC. 3. Section 10004.7 is added to the Water Code to read:
10004.7 (a)(1) By January 1, 2026 the department shall develop a groundwater recharge action plan. The groundwater recharge action plan shall provide actionable recommendations that result in the ability to create an additional groundwater recharge capacity of 10,000,000 acre-feet by December 31, 2035, in order to increase the state’s groundwater supply without reducing the amount of water available for environmental purposes or any other purposes allowed under California law.
(2) The department shall consult with the State Water Resources Control Board, the nine regional water quality control boards, and the advisory committee established pursuant to subdivision (b) of Section 10004 in carrying out this section
(3) The groundwater recharge plan shall identify and make recommendations on immediate opportunities and potential long-term solutions to increase the state’s groundwater supply, with a priority on multi-benefit projects.
(4) The department shall evaluate the total potential economic and noneconomic costs and total potential economic and noneconomic benefits of implementing the recommendations of the groundwater recharge action plan.
(5) The plan shall include best practices identified by the department including, but not limited to:
(A) Analysis regarding where groundwater recharge will be effective and protective of access to safe drinking water consistent with Section 106.3.
(B) Mapping that identifies areas where recharge is unlikely to degrade groundwater quality based on consideration of the quality and composition of the source water, the qualities of the soil upon which recharge will occur, and the proximity to drinking water wells.
(b) The department shall include the groundwater recharge action plan as a part of the 2028 update to The California Water Plan. Commencing with the 2033 update, the department, as a part of updating The California Water Plan every five years pursuant to subdivision (b) of Section 10004, shall update the groundwater recharge action plan.
(c) The department and water boards shall implement, upon appropriation or other further action by the legislature, the recommendations identified in the groundwater recharge action plan that result in new infrastructure and institutional mechanisms in place that provide for the ability to create an additional groundwater recharge capacity of 10,000,000 acre-feet by December 31, 2035.
(d) Nothing in this section shall do any of the following:
(1) Limit or reduce the existing surface storage of water.
(2) Affect or change any water right.
(3) Prioritize any one use of water over another use, define what is to be considered a beneficial use of water, or in any way influence how the increased supply of groundwater under this part shall be used.
(e) For purposes of this section, the following definitions shall apply:
(1) “Groundwater recharge” means actions to increase the amount of raw, treated, or recycled water in the groundwater basins through human-controlled means, including, but not limited to, use of aquifer storage and recovery wells, injection wells, surface spreading basins, field flooding, storm water capture, flood managed basins, and in-lieu charge.
(2) “Groundwater supply” means water that at any point in time is being stored underground that is available for human use and environmental protection to sustain the state’s future.
SEC. 4. Section 10005.1 of the Water Code is amended to read:
10005.1.(a) The department or, at the department’s request, the California Water Commission, shall conduct a series of hearings with interested persons, organizations, local, state, and federal agencies, and representatives of the diverse geographical areas and interests of the state.
(b) The department, commencing on the effective date of the act which added Section 10004.7 to the Water Code, shall conduct a portion of these hearings in regions of the state that have been impacted the most by drought, including, but not limited to, communities with minority populations, communities with low-income populations, agricultural communities, and water disparate communities.
SUPPORT
Regional Water Authority (sponsor)
Associated General Contractors of California
California Association of Winegrape Growers
City of Roseville
City of Sacramento, Department of Utilities
Northern California Water Association
Sacramento Area Council of Governments
Sacramento Area Flood Control Agency
Sacramento Metropolitan Chamber of Commerce
Sacramento Regional Builders Exchange
Sonoma County Water Agency
Sustainable Conservation
The Nature Conservancy
Wine Institute
OPPOSITION
None Received
-- END --
Discussed in Hearing
2MIN
Senate Floor
2MIN
Assembly Floor
10MIN
Assembly Standing Committee on Water, Parks, and Wildlife
17MIN
Senate Standing Committee on Natural Resources and Water
Bill Author
