Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans, except as specified. The act authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency for that basin. The act deems certain agencies created by statute to manage groundwater the exclusive local agencies within their respective statutory boundaries with powers to comply with the act and authorizes these agencies to opt out of being the exclusive groundwater management agency.

This bill would create the Tulare Basin Tule East Groundwater Sustainability Agency and would establish the agencys initial boundaries. The bill would authorize the boundaries of the agency to be adjusted, as specified. The bill would require the agency to elect to be a groundwater sustainability agency under the Sustainable Groundwater Management Act for that portion of the Tule Subbasin that lies within the boundaries of the agency and would require the agency to develop and implement a groundwater sustainability plan to achieve sustainable groundwater management within the territory of the agency. The bill would generally specify the powers and purposes of the agency. The bill would prescribe the composition of the 5-member board of directors of the agency and would require members and alternates to be chosen, as specified. By imposing duties on the agency and the County of Tulare, the bill would impose a state-mandated local program. The bill would deem the Tulare Basin Tule East Groundwater Sustainability Agency the exclusive local agency with powers to comply with the Sustainable Groundwater Management Act.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans, except as specified. The act authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency for that basin. The act deems certain agencies created by statute to manage groundwater the exclusive local agencies within their respective statutory boundaries with powers to comply with the act and authorizes these agencies to opt out of being the exclusive groundwater management agency.

This bill would create the Tulare Basin Groundwater Sustainability Agency and would establish the agencys initial boundaries. The bill would authorize the boundaries of the agency to be adjusted, as specified. The bill would require the agency to elect to be a groundwater sustainability agency under the Sustainable Groundwater Management Act for that portion of the Tule Subbasin that lies within the boundaries of the agency and would require the agency to develop and implement a groundwater sustainability plan to achieve sustainable groundwater management within the territory of the agency. The bill would generally specify the powers and purposes of the agency. The bill would prescribe the composition of the 5-member board of directors of the agency and would require members and alternates to be chosen, as specified. By imposing duties on the agency and the County of Tulare, the bill would impose a state-mandated local program. The bill would deem the Tulare Basin Groundwater Sustainability Agency the exclusive local agency with powers to comply with the Sustainable Groundwater Management Act.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

ASSEMBLY THIRD READING

ATR Bill Id:AB 1044

Author:(Macedo)

As Amended Ver:May 23, 2025

Majority vote

SUMMARY

Creates the Tule East Groundwater Sustainability Agency (GSA) to oversee groundwater management and compliance with the Sustainable Groundwater Management Act (SGMA) in portions of the Tule subbasin in eastern Tulare County.

Major Provisions

1. Provides the initial boundaries of the Tule East GSA shall include all land located within the boundaries of Hope Water District and Ducor Water District and areas east of the Lower Tule Irrigation District, Pixley Irrigation District, and Delano-Earlimart Irrigation District, excluding the boundaries of the Porterville Irrigation District, Saucelito Irrigation District, Vandalia Water District, Tea Pot Dome Water District, Terra Bella Irrigation District, Kern-Tulare Water District, and the City of Porterville.
2. Provides the initial boundaries may change upon an action by the Tule East GSA board at a public hearing with 14 days' notice. Provides the boundaries shall not include an area subject to management by another GSA or a management area unless the Tulare Basin GSA has entered into a memorandum of understanding or other legal agreement with said GSA.
3. Provides that the Tule East GSA shall be governed by a five-member board that consists of the following members: a) one member chosen by Hope Water District; b) one member chosen by Ducor Water District; c) one member chosen by Tulare County; and d) two members chosen from a list of nominees provided by the Tulare County Farm Bureau to represent groundwater-dependent agricultural interests within the territory of the Tulare Basin GSA.
4. Authorizes the board to adopt resolutions, policies, rules and regulations at a public hearing for the purpose of regulating, conserving, managing, and controlling groundwater within the agency's territory.
5. Requires the Tule East GSA to enter into a coordination agreement with other GSAs managing portions of the Tule subbasin.
6. Authorizes the Tule East GSA to impose fees, including permit fees and groundwater extraction fees, to fund the costs of a groundwater sustainability program

COMMENTS

Located in California's Central Valley in the southern portion of the San Joaquin Valley, the Tule Subbasin covers approximately 475,895 acres, or about 744 square miles. The Department of Water Resources designates the subbasin as "high" priority and subject to conditions of critical overdraft. Communities within the subbasin include the City of Porterville, Allensworth, Alpaugh, Ducor, Earlimart, East Porterville, Pixley, Poplar-Cotton Center, Richgrove, Terra Bella, Teviston, Tipton, and Woodville. According to the 2022 Census data, the Tule Subbasin has an estimated population of 152,577 people. Most of the land within the subbasin and surrounding areas is used for growing crops and raising livestock. Groundwater in the subbasin is used for drinking water, agriculture, wildlife habitat, and oil and gas extraction.

As recently as 2023, there were seven GSAs responsible for managing groundwater in the subbasin: Pixley Irrigation District GSA, Tri-County Water Authority GSA, Alpaugh GSA, Delano-Earlimart Irrigation District GSA, Eastern Tule GSA, Tulare County GSA, and the Lower Tule River Irrigation District GSA. Today there are 12 GSAs managing portions of the Tule subbasin. The increase in GSAs is a result of the breakup of the Eastern Tule GSA, which this bill seeks to address.

Formed in 2016, the Eastern Tule GSA is a joint powers authority that took on responsibility for managing groundwater in the eastern portion of the subbasin. This GSA initially had eight members: the County of Tulare, City of Porterville, Saucelito Irrigation District, Teapot Dome Water District, Vandalia Water District, Terra Bella Irrigation District, Kern-Tulare Water District, and Porterville Irrigation District. For various reasons, all of the original members of the GSA, except Tulare County, have since split off to form new GSAs.

The State Water Resources Control Board (State Water Board) designated the Tule subbasin as a "probationary" basin in September 2024 due to significant deficiencies in several of the groundwater sustainability plans for the subbasin and the adverse impacts that land subsidence resulting from over-pumping of groundwater is having on the Friant-Kern canal. Due to this designation, the basin is subject to "state intervention" under which the State Water Board will work with GSAs to develop an interim plan that will get the subbasin back on track to achieve sustainable groundwater management. Delano-Earlimart Irrigation District GSA and Kern-Tulare Water District were partially excluded from the State Water Board's probationary designation and pumpers within the jurisdiction of these agencies will not be subject to reporting requirements and fees imposed by the State Water Board. These two agencies will retain this status so long as they comply with specified management actions. Some of the agencies that have split off from the Eastern Tulare GSA appear to think that they may obtain this "good actor" exemption from the State Water Board's probationary designation as well.

Due to legal challenges in other probationary groundwater basins, there is uncertainty regarding the State Water Board's ability to collect fees to fund its intervention to help manage probationary groundwater basins. To mitigate this uncertainty and fund the 22 existing positions until sufficient fee revenue is collected, the State Water Board submitted a budget change proposal requesting a loan of $16.4 million from the Underground Storage Tank Cleanup Fund to the Water Rights Fund, as part of the Governor's proposed 2025-26 budget. This amount is enough to cover the cost of the 22 positions for up to three years. The State Water Board notes the loan will be repaid with future SGMA fee revenues, if feasible; alternatively, if fee funding is not legally able to be collected as anticipated, this loan will be repaid from the General Fund.

According to the Author

The author asserts that this bill "restores stability to the community by creating a dedicated [GSA], empowering the County to protect its water resources, support its agricultural economy, and secure a sustainable future for its residents." The author estimates the boundaries of the Tulare Basin GSA proposed in this bill represent approximately one-half of the territory previously managed by the Eastern Tule GSA.

Arguments in Support

The Tulare County Board of Supervisors, the sponsor of this bill, notes that at the probationary hearing for the Tule subbasin, the State Water Board provided a "good actor" exemption to two GSAs in the Tule subbasin. This decision prompted other public agencies in the subbasin to take action to become standalone GSAs. Tulare County contends, "this resulted in the County being the lone member of the original [Joint Powers Authority]" and that "the County does not have the resources to run a GSA and looked to the Kings River East Model [SB 37 (Vidak), Chapter 37, Statutes of 2016] to form a new GSA to cover the remaining area."

Arguments in Opposition

Clean Water Action, Community Water Center, and Leadership Counsel for Justice and Accountability contend that establishing a new GSA will "only delay the Tule Subbasin's progress toward sustainability, requiring this new GSA to start at the beginning of the SGMA process in the eleventh year of the law." The organizations argue the proposed new GSA will have to draft a new GSP and undergo the review, public outreach, and approval process that has already been ongoing throughout the basin.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. The State Water Board reports minor and absorbable costs. While the Tule subbasin is currently on probation, groundwater users in the new GSA are still subject to reporting and fee requirements.
2. Although a state mandate, local costs associated with this bill are not reimbursable because the GSA has authority to levy fees sufficient to cover any costs.

VOTES

ASM WATER, PARKS, AND WILDLIFE: 13-0-0

YES: Papan, Jeff Gonzalez, Alvarez, Ávila Farías, Bains, Bennett, Boerner, Caloza, Hart, Macedo, Celeste Rodriguez, Rogers, Tangipa

ASM LOCAL GOVERNMENT: 10-0-0

YES: Carrillo, Ta, Hoover, Pacheco, Ramos, Ransom, Blanca Rubio, Stefani, Ward, Wilson

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa

UPDATED

VERSION: May 23, 2025

CONSULTANT: Pablo Garza / W., P., & W. / (916) 319-2096 FN: 0000841

ASSEMBLY THIRD READING

ATR Bill Id:AB 1044

Author:(Macedo)

As Introduced Ver:February 20, 2025

Majority vote

SUMMARY

Creates the Tulare Basin Groundwater Sustainability Agency (GSA) to oversee groundwater management and compliance with the Sustainable Groundwater Management Act (SGMA) in portions of the Tule subbasin in eastern Tulare County.

Major Provisions

1. Provides the initial boundaries of the Tulare Basin GSA shall include all land located within the boundaries of Hope Water District and Ducor Water District as well as a yet–to-be-determined amount of land within the County of Tulare.
2. Provides the initial boundaries may change upon an action by the Tulare Basin GSA board at a public hearing with 14 days' notice. Provides the boundaries shall not include an area subject to management by another GSA or a management area unless the Tulare Basin GSA has entered into a memorandum of understanding or other legal agreement with said GSA.
3. Provides that the Tulare Basin GSA shall be governed by a five-member board that consists of the following members: a) one member chosen by Hope Water District; b) one member chosen by Ducor Water District; c) one member chosen by Tulare County; and d) two members chosen from a list of nominees provided by the Tulare County Farm Bureau to represent groundwater-dependent agricultural interests within the territory of the Tulare Basin GSA.
4. Authorizes the board to adopt resolutions, policies, rules and regulations at a public hearing for the purpose of regulating, conserving, managing, and controlling groundwater within the agency's territory.
5. Requires the Tulare Basin GSA to enter into a coordination agreement with other GSAs managing portions of the Tule subbasin.
6. Authorizes the Tulare Basin GSA to impose fees, including permit fees and groundwater extraction fees, to fund the costs of a groundwater sustainability program.

COMMENTS

Located in California's Central Valley in the southern portion of the San Joaquin Valley, the Tule Subbasin covers approximately 475,895 acres, or about 744 square miles. The Department of Water Resources designates the subbasin as "high" priority and subject to conditions of critical overdraft. Communities within the subbasin include the City of Porterville, Allensworth, Alpaugh, Ducor, Earlimart, East Porterville, Pixley, Poplar-Cotton Center, Richgrove, Terra Bella, Teviston, Tipton, and Woodville. According to the 2022 Census data, the Tule Subbasin has an estimated population of 152,577 people. Most of the land within the subbasin and surrounding areas is used for growing crops and raising livestock. Groundwater in the subbasin is used for drinking water, agriculture, wildlife habitat, and oil and gas extraction.

As recently as 2023, there were seven GSAs responsible for managing groundwater in the subbasin: Pixley Irrigation District GSA, Tri-County Water Authority GSA, Alpaugh GSA, Delano-Earlimart Irrigation District GSA, Eastern Tule GSA, Tulare County GSA, and the Lower Tule River Irrigation District GSA. Today there are 12 GSAs managing portions of the Tule subbasin. The increase in GSAs is a result of the breakup of the Eastern Tule GSA, which this bill seeks to address.

Formed in 2016, the Eastern Tule GSA is a joint powers authority that took on responsibility for managing groundwater in the eastern portion of the subbasin. This GSA initially had eight members: the County of Tulare, City of Porterville, Saucelito Irrigation District, Teapot Dome Water District, Vandalia Water District, Terra Bella Irrigation District, Kern-Tulare Water District, and Porterville Irrigation District. For various reasons, all of the original members of the GSA, except Tulare County, have since split off to form new GSAs.

The State Water Resources Control Board (State Water Board) designated the Tule subbasin as a "probationary" basin in September 2024 due to significant deficiencies in several of the groundwater sustainability plans for the subbasin and the adverse impacts that land subsidence resulting from over-pumping of groundwater is having on the Friant-Kern canal. Due to this designation, the basin is subject to "state intervention" under which the State Water Board will work with GSAs to develop an interim plan that will get the subbasin back on track to achieve sustainable groundwater management. Delano-Earlimart Irrigation District GSA and Kern-Tulare Water District were partially excluded from the State Water Board's probationary designation and pumpers within the jurisdiction of these agencies will not be subject to reporting requirements and fees imposed by the State Water Board. These two agencies will retain this status so long as they comply with specified management actions. Some of the agencies that have split off from the Eastern Tulare GSA appear to think that they may obtain this "good actor" exemption from the State Water Board's probationary designation as well.

Due to legal challenges in other probationary groundwater basins, there is uncertainty regarding the State Water Board's ability to collect fees to fund its intervention to help manage probationary groundwater basins. To mitigate this uncertainty and fund the 22 existing positions until sufficient fee revenue is collected, the State Water Board submitted a budget change proposal requesting a loan of $16.4 million from the Underground Storage Tank Cleanup Fund to the Water Rights Fund, as part of the Governor's proposed 2025-26 budget. This amount is enough to cover the cost of the 22 positions for up to three years. The State Water Board notes the loan will be repaid with future SGMA fee revenues, if feasible; alternatively, if fee funding is not legally able to be collected as anticipated, this loan will be repaid from the General Fund.

According to the Author

The author asserts that this bill "restores stability to the community by creating a dedicated [GSA], empowering the County to protect its water resources, support its agricultural economy, and secure a sustainable future for its residents." The author estimates the boundaries of the Tulare Basin GSA proposed in this bill represent approximately one-half of the territory previously managed by the Eastern Tule GSA.

Arguments in Support

The Tulare County Board of Supervisors, the sponsor of this bill, notes that at the probationary hearing for the Tule subbasin, the State Water Board provided a "good actor" exemption to two GSAs in the Tule subbasin. This decision prompted other public agencies in the subbasin to take action to become standalone GSAs. Tulare County contends, "this resulted in the County being the lone member of the original [Joint Powers Authority]" and that "the County does not have the resources to run a GSA and looked to the Kings River East Model [SB 37 (Vidak), Chapter 37, Statutes of 2016] to form a new GSA to cover the remaining area."

Arguments in Opposition

Clean Water Action, Community Water Center, and Leadership Counsel for Justice and Accountability contend that establishing a new GSA will "only delay the Tule Subbasin's progress toward sustainability, requiring this new GSA to start at the beginning of the SGMA process in the eleventh year of the law." The organizations argue the proposed new GSA will have to draft a new GSP and undergo the review, public outreach, and approval process that has already been ongoing throughout the basin. In addition, the coalition argues the bill does not identify boundaries for the new GSA: "If the intention of this bill is to reduce the current fragmentation of basin governance, it's unclear how an Agency without boundaries will accomplish that intent."

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. The State Water Board reports minor and absorbable costs. While the Tule subbasin is currently on probation, groundwater users in the new GSA are still subject to reporting and fee requirements.

2) Although a state mandate, local costs associated with this bill are not reimbursable because the GSA has authority to levy fees sufficient to cover any costs.

VOTES

ASM WATER, PARKS, AND WILDLIFE: 13-0-0

YES: Papan, Jeff Gonzalez, Alvarez, Ávila Farías, Bains, Bennett, Boerner, Caloza, Hart, Macedo, Celeste Rodriguez, Rogers, Tangipa

ASM LOCAL GOVERNMENT: 10-0-0

YES: Carrillo, Ta, Hoover, Pacheco, Ramos, Ransom, Blanca Rubio, Stefani, Ward, Wilson

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa

UPDATED

VERSION: February 20, 2025

CONSULTANT: Pablo Garza / W., P., & W. / (916) 319-2096 FN: 0000444

Date of Hearing: May 14, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 1044

Author:(Macedo) – As Introduced Ver:February 20, 2025

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill creates the Tulare Basin Groundwater Sustainability Agency (GSA) to oversee groundwater management and compliance with the Sustainable Groundwater Management Act (SGMA) in portions of the Tule subbasin in southeastern Tulare County.

Specifically, this bill, among other things:

1. Requires the Tulare Basin GSA to abide by the rules and regulations promulgated by the Department of Water Resources (DWR) and the State Water Resources Control Board (State Water Board) to implement SGMA.
2. Defines the initial boundaries of the Tulare Basin GSA and specifies requirements for adjusting these boundaries.
3. Provides that the Tulare Basin GSA shall be governed by a five-member board, as specified. Provides that the board may adopt an ordinance to compensate board members up to $100 per day for each day of service rendered, as specified.
4. Authorizes the board to adopt resolutions, policies, rules, and regulations at a public hearing for the purpose of regulating, conserving, managing, and controlling groundwater within the GSA’s territory.
5. Requires the Tulare Basin GSA to enter into a coordination agreement with other GSAs managing portions of the Tule subbasin.
6. Authorizes the Tulare Basin GSA to exclude a groundwater pumper from any of its policies, rules, or regulations if the pumper extracts less than a minimum amount of groundwater annually specified by the State Water Board.
7. Authorizes the Tulare Basin GSA to impose fees, including permit fees and fees on groundwater extraction or another regulated activity, to fund the costs of a groundwater sustainability program, as specified.
8. Adds a savings clause providing that in the event of any conflict between SGMA and this bill, the provisions of SGMA shall prevail.

FISCAL EFFECT:

1) The State Water Board reports minor and absorbable costs. As discussed below, while the Tule subbasin is currently on probation with the board, groundwater users in the new GSA are still subject to reporting and fee requirements.

2) Although a state mandate, local costs associated with this bill are not reimbursable because the GSA has authority to levy fees sufficient to cover any costs.

COMMENTS:

1) Purpose. According to the author, this bill “restores stability to the community by creating a dedicated [GSA], empowering the County to protect its water resources, support its agricultural economy, and secure a sustainable future for its residents.”

2) Background. SGMA. In 2014, the Legislature enacted SGMA to ensure the long-term reliability of groundwater resources and connected surface water resources. SGMA provides for the management of groundwater resources by local agencies subject to state oversight and, in the event that actions of local agencies are insufficient, “state intervention” by the State Water Board.

Tule Subbasin – One Subbasin, Many GSAs, and on Probation. Located in California’s Central Valley in the southern portion of the San Joaquin Valley, the Tule subbasin covers approximately 744 square miles. DWR designates the subbasin as “high” priority and subject to conditions of critical overdraft. As recently as 2023, there were seven GSAs responsible for managing groundwater in the subbasin. Today, there are 12 GSAs managing portions of the subbasin. The increase in GSAs is a result of the breakup of the Eastern Tule GSA, which this bill seeks to address.

Formed in 2016, the Eastern Tule GSA is a joint powers authority (JPA) that took on responsibility for managing groundwater in the eastern portion of the subbasin. This GSA initially had eight members. For various reasons, all of the original members of the GSA, except Tulare County, have since split off to form new GSAs.

The State Water Board designated the Tule subbasin as a “probationary” basin in September 2024 due to significant deficiencies in several of the groundwater sustainability plans (GSPs) for the subbasin and the adverse impacts that land subsidence resulting from over-pumping of groundwater is having on the Friant-Kern canal. Due to this designation, the basin is subject to state intervention under which the State Water Board will work with GSAs to develop an interim plan to get the subbasin back on track to achieve sustainable groundwater management.

State Water Board Budget Change Proposal (BCP). SGMA requires the State Water Board to recover the costs of state intervention through fees; the board notes, however, that its collection of fees has so far been extremely limited due to the implementation timelines of SGMA, and that fee revenues will depend on many factors.

In March 2023, DWR determined six basins have inadequate GSPs. This triggered the State Water Board authority for those basins. Importantly, the Tulare Lake subbasin was designated probationary in April 2024, and the Tule subbasin was designated probationary in September 2024. Extraction reports in the Tulare Lake Subbasin were originally required to be submitted by December 1, 2024, but litigants challenging the probationary designation and its requirements obtained a preliminary injunction from the Kings County Superior Court that suspends all State Water Board action stemming from the probationary designation, including the collection of extraction reports and fees. The Board has appealed and is seeking a stay of the preliminary injunction. Extraction reporting and fees for the Tule subbasin are not due until 2026.

The result of these various timelines is that the State Water Board may not receive SGMA fees for two years or more after the state intervention workload begins; the State Water Board would not be able to fund its program and 22 existing positions through a mix of General Fund and extraction reporting fees until mid-2026 or 2027. Furthermore, because SGMA operates at the scale of groundwater basins and a basin’s status can change at any time, the State Water Board’s workload and fee revenues are variable and subject to fluctuations.

To mitigate fee uncertainty and fund the 22 existing positions until sufficient fee revenue is collected, the State Water Board submitted, as part of the Governor’s proposed 2025-26 budget, a BCP requesting a loan of $16.4 million from the Underground Storage Tank Cleanup Fund to the Water Rights Fund, enough to cover the cost of the 22 positions for up to three years. The State Water Board notes the loan will be repaid with future SGMA fee revenues, if feasible; alternatively, if fee funding is not legally able to be collected as anticipated, this loan will be repaid from the General Fund.

3) Support and Opposition. The Tulare County Board of Supervisors, the sponsor of this bill, notes that at the probationary hearing for the Tule subbasin, the State Water Board provided a “good actor” exemption to two GSAs in the Tule subbasin. This decision prompted other public agencies in the subbasin to take action to become standalone GSAs. The county contends, “this resulted in the County being the lone member of the original JPA” and that “the County does not have the resources to run a GSA and looked to the Kings River East Model (SB 37, 2016) to form a new GSA to cover the remaining area.”

Writing in opposition, Clean Water Action, Community Water Center, and Leadership Counsel for Justice and Accountability contend that establishing a new GSA will “only delay the Tule Subbasin’s progress toward sustainability, requiring this new GSA to start at the beginning of the SGMA process in the eleventh year of the law.” The organizations argue the proposed new GSA will have to draft a new GSP and undergo the review, public outreach, and approval process that has already been ongoing throughout the basin. In addition, the coalition argues the bill does not identify boundaries for the new GSA: “If the intention of this bill is to reduce the current fragmentation of basin governance, it’s unclear how an Agency without boundaries will accomplish that intent.”

Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081

Date of Hearing: April 30, 2025

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Juan Carrillo, Chair

ABPCA Bill Id:AB 1044 (

Author:Macedo) – As Introduced Ver:February 20, 2025

SUBJECT: Tulare Basin Groundwater Sustainability Agency Act.

SUMMARY: Establishes the Tulare Basin Groundwater Sustainability Agency (TBGSA) Act, creating a groundwater management agency in Tulare County. Specifically, this bill:

1. Provides that this bill shall be known and may be cited as the TBGSA Act and creates, in Tulare County, the TBGSA.
2. Requires the TBGSA to be governed by a board and shall have specified boundaries. The TBGSA shall only exercise the powers granted by this bill and the Sustainable Groundwater Management Act (SGMA) for purposes of groundwater management within the boundaries of the TBGSA, together with any other powers as are reasonably implied, necessary, and proper to carry out the objectives and purposes of the agency to implement SGMA. The TBGSA shall abide by the rules and regulations promulgated by the Department of Water Resources (DWR) and the State Water Resources Control Board (Water Board) to implement SGMA.
3. Specifies that the initial boundaries of the TBGSA shall include the following:
   1. All land located within the boundaries of the Hope Water District (HWD) and the Ducor Water District (DWD) located in Tulare County.
   2. All land in a yet to be determined location within Tulare County.
4. Authorizes the initial boundaries to be changed upon action by the TBGSA’s board of directors after a noticed public hearing with 14 calendar days’ notice. The boundaries shall be depicted on a map that shall be maintained by the board of directors of the TBGSA.
5. Requires the boundaries of the TBGSA to not be adjusted to include an area of the basin within the management area of another groundwater sustainability agency (GSA) unless the TBGSA has entered into a memorandum of agreement or other legal agreement with the GSA that permits the area to be included.
6. Specifies that the boundaries of the TBGSA shall not be adjusted to include any part of a proposed management area, as defined in a specified notice of intent submitted pursuant to existing law, unless the TBGSA has entered into a memorandum of agreement or other legal agreement with all agencies listed in the notice of intent that permits the area to be included.
7. Defines numerous terms to support its purposes.
8. Requires the TBGSA to be governed by a board of directors that shall consist of five members, as follows:
   1. One member shall be chosen by the HWD from the members of the board of directors of the HWD.
   2. One member shall be chosen by the DWD from the members of the board of directors of the DWD.
   3. One member shall be chosen by Tulare County.
   4. Two members shall be chosen by the other three board members to represent groundwater-dependent agricultural interests within the territory of the TBGSA. These members shall be actively engaged in the production of agriculture within the territory of the TBGSA. These members shall be selected from a list of nominations submitted by the Tulare County Farm Bureau, but the nominees need not be members of the farm bureau.
9. Specifies that the board members from the HWD, the DWD, and Tulare County shall be chosen by their respective governing boards from their board members whose districts overlie, at least in part, the territory of the TBGSA.
10. Requires an alternate for each board member, chosen in the same manner and by the same entity as the board member. The alternate member shall act in place of the board member they are an alternate for in case of that board member’s absence or inability to act.
11. Provides that members and their alternates shall be chosen on or before November 30, 2026.
12. Specifies that the HWD, DWD, and Tulare County members shall serve for a four-year term of office, or until the member is no longer an eligible official of the member agency. These members may serve for more than one term of office.
13. Provides that the members that are selected from a list provided by the Tulare Farm Bureau shall serve four-year terms in office.
14. Specifies that the board may adopt an ordinance to provide compensation to members of the board in an amount not to exceed $100 per day for each day’s attendance at meetings of the board or for each day’s service rendered as a member of the board by request of the board. The determination of whether a board member’s activities on any specific day are compensable shall be made pursuant to existing law.
15. Authorizes reimbursement for expenses of members of the board, as specified.
16. Provides that the board may adopt an ordinance to increase the compensation received by the members of the board above the amount of $100 per day. The increase shall not exceed an amount equal to 5%, for each calendar year following the operative date of the last adjustment, of the compensation that is received when the ordinance is adopted.
17. Specifies that a member shall not be compensated for more than a total of 10 days in any calendar month.
18. Authorizes the board to adopt resolutions, policies, rules, and regulations for the purpose of regulating, conserving, managing, and controlling the use and extraction of groundwater within the territory of the TBGSA.
19. Specifies that all resolutions, policies, rules, and regulations shall be adopted at a public meeting and require a majority vote of the board.
20. Provides that no provision of this bill shall be construed as denying to Tulare County, the HWD, or the DWD, or any other member agency any rights or powers that they already have or that they may be granted.
21. Authorizes the TBGSA to contract with Tulare County for staff and other services. The TBGSA may hire contractors, consultants, and legal counsel as it considers appropriate.
22. Requires the TBGSA to enter into a coordination agreement with the other local agencies for purposes of coordinating the TBGSA’s plan with other agencies or groundwater sustainability plans (GSPs) within the Tule Subbasin as required by SGMA.
23. Specifies that the TBGSA may exclude from any of the requirements of this bill, or the operation of any resolution, policy, rule, or regulation, any operator who annually extracts less than a minimum amount of groundwater as specified by a resolution adopted by the board.
24. Authorizes the TBGSA to collect data and conduct technical and other investigations of all kinds in order to carry out the provisions of this bill. All hydrological investigations and studies carried out by or on behalf of the agency shall be constructed by or under the supervision of licensed engineers or other persons qualified in groundwater geology or hydrology.
25. Allows the TBGSA to recommend and encourage water recycling and other water development projects, where those projects will enhance and contribute to the responsible management of groundwater resources, as part of its annual plan for implementation of groundwater management objectives.
26. Requires the TBGSA to develop and implement a GSP pursuant to existing law to achieve sustainable groundwater management within the territory of the TBGSA.
27. Specifies that the TBGSA shall elect to be a GSA pursuant to existing law for that portion of the Tule Subbasin that lies within the boundaries of the TBGSA.
28. Provides the TBGSA may exercise any of the powers and authorities granted to GSAs by SGMA.
29. Provides that the availability of supplemental water to any operator shall not subject that operator to regulations by the TBGSA that are more restrictive than those imposed on other operators.
30. Authorizes the TBGSA to impose fees, including, but not limited to, permit fees and fees on groundwater extraction or other regulated activity, to fund the costs of a groundwater sustainability program, that include, but are not limited to, the preparation, adoption, and amendment of a GSP, investigations, inspections, compliance assistance, enforcement, and program administration, including a prudent reserve.
31. Specifies that, in the event of any conflict between this bill and the provisions of SGMA, the provisions of SGMA shall prevail.
32. Adds the TBGSA to the list of agencies created by statute to manage groundwater and deems it the exclusive local agency within its boundaries with powers to comply with SGMA.
33. Provides that no reimbursement is required by this bill because a local agency or school district has the authority to levy service charges, fees, or assessment sufficient to pay for the program or level of service mandated by this bill.

EXISTING LAW:

1. Requires, under SGMA, local agencies to sustainably manage groundwater in critically over-drafted basins by 2040 and in high- or medium-priority basins by 2042. Defines sustainable management of groundwater as the avoidance of the following six “undesirable results:” (a) chronic lowering of groundwater levels; (b) reduction of groundwater storage; (c) seawater intrusion; (d) degraded water quality; (e) land subsidence; and (f) depletions of interconnected surface water (Water Code § 10720 et seq.).
2. Requires local agencies in high- and medium-priority basins to form a groundwater sustainability agency (GSA) by June 30, 2017, unless statute designates an “exclusive local agency” for a given area. Provides that a county will be the default GSA for any area in a high- or medium- priority basin not managed by a GSA unless said county notifies the DWR that it will not be the GSA for an uncovered portion of a high- or medium-priority basin (Water Code §§ 10723 – 10724).
3. Provides that a GSA may be formed by a combination of local agencies via a joint powers agreement or memorandum of agreement or other legal agreement (Water Code § 10723.4).
4. Provides that a GSP may be a single plan covering a basin implemented by a single GSA, a single plan covering a basin implemented by multiple GSAs, or multiple plans implemented by several GSA subject to a coordination agreement (Water Code § 10727).
5. Requires GSAs intending to develop and implement multiple GSAs in a basin to coordinate with each other and ensure the GSPs utilize the same data and methodologies for the following assumptions: (a) groundwater elevation data; (b) groundwater extraction data; (c) surface water supply; (d) total water use; (e) change in groundwater storage; (f) water budget; and (g) sustainable yield (Water Code § 10727.6).
6. Designates 17 local agencies as the “exclusive local agencies” within their service territory that are responsible for complying with SGMA. Examples include Desert Water Agency, Fox Canyon Groundwater Management Agency, Orange County Water District, and Pajaro Valley Water Management Agency [Water Code § 10723(c)].

FISCAL EFFECT: This bill is keyed fiscal and contains a state-mandated local program.

COMMENTS:

1. Bill Summary and Author’s Statement. This bill creates the TBGSA and provides for the governance structure, boundaries, sustainable groundwater management powers, and fee authority of the TBGSA. This bill also adds the TBGSA to the list of agencies created by statute to manage groundwater and deems it the exclusive local agency within its boundaries with powers to comply with SGMA. Tulare County is the sponsor of this bill.

According to the author, “Water is life, and Tulare County has been deeply impacted by the Sustainable Groundwater Management Act. Assembly Bill 1044 restores stability to the community by creating a dedicated Groundwater Sustainability Agency, empowering the County to protect its water resources, support its agricultural economy, and secure a sustainable future for its residents.”

1. Sustainable Groundwater Management Act (SGMA). Groundwater is water found beneath the land surface in pores and fractures in materials such as rock, gravel, or sand. Underground areas where groundwater flows naturally out of rock materials or where groundwater can be removed by pumping are referred to as aquifers. According to the DWR, groundwater provides nearly 40% of California’s water supply in an average year and 60% in drought years.

For much of California’s history, there was no statewide mandate for the management of groundwater. This led to significant over-pumping (or “overdraft”) of groundwater in many regions of the state that resulted in land subsidence (or sinking) that compromised infrastructure, dewatered rivers and streams, led to seawater intrusion in coastal areas, and dried out domestic and agricultural groundwater wells, among other adverse impacts.

In the midst of the 2012-16 drought, California’s most severe on record, the Legislature passed SGMA to reverse the adverse impacts caused by groundwater overdraft and to protect this important resource for future use by California’s economy, communities, and ecosystems. Passed in 2014, SGMA is composed of a three-bill legislative package, including AB 1749 (Dickinson), SB 1168 (Pavley), and SB 1319 (Pavley), and subsequent statewide regulations.

SB 1168 (Pavley) required DWR to categorize each basin as “high”, “medium”, “low”, or “very low” priority based on specified criteria including population, rate of population growth, and number of wells (see Water Code Section 10933 for full list). Out of the 515 groundwater basins identified by DWR (https://data.cnra.ca.gov/dataset/calgw_update2020), 94 basins were classified as “high” (46 basins) or “medium” (48 basins) priority. These basins must comply with SGMA. DWR also identified 21 basins as “critically overdrafted”, noting that “continuing current water management practices would likely result in significant adverse environmental, social, or economic impacts”.

1. Tule Subbasin. Located in California’s Central Valley in the southern portion of the San Joaquin Valley, the Tule Subbasin covers approximately 475,895 acres, or about 744 square miles. DWR designates the subbasin as “high” priority and subject to conditions of critical overdraft. Communities within the subbasin include the Cities of Porterville, Allensworth, Alpaugh, Ducor, Earlimart, East Porterville, Pixley, Poplar-Cotton Center, Richgrove, Terra Bella, Teviston, Tipton, and Woodville. According to the 2022 Census data, the Tule Subbasin has an estimated population of 152,577 people. Most of the land within the subbasin and surrounding areas is used for growing crops and raising livestock. Groundwater in the subbasin is used for drinking water, agriculture, wildlife habitat, and oil and gas extraction.
2. GSAs for the Tule Subbasin. As recently as 2023, there were seven GSAs responsible for managing groundwater in the subbasin: Pixley Irrigation District GSA, Tri-County Water Authority GSA, Alpaugh GSA, Delano-Earlimart Irrigation District GSA, Eastern Tule GSA, Tulare County GSA, and the Lower Tule River Irrigation District GSA. Today there are 12 GSAs managing portions of the Tule subbasin. The increase in GSAs is a result of the breakup of the Eastern Tule GSA.
3. Eastern Tule GSA. Formed in 2016, the Eastern Tule GSA is a joint powers authority that took on responsibility for managing groundwater in the eastern portion of the subbasin. This GSA initially had eight members: the County of Tulare, City of Porterville, Saucelito Irrigation District, Teapot Dome Water District, Vandalia Water District, Terra Bella Irrigation District, Kern-Tulare Water District, and Porterville Irrigation District. For various reasons, all of the original members of the GSA, except Tulare County, have since split off to form new GSAs.
4. Probationary Status for Tule Subbasin. The Water Board designated the Tule subbasin as a “probationary” basin in September 2024 due to significant deficiencies in several of the GSPs for the subbasin and the adverse impacts that land subsidence resulting from over-pumping of groundwater is having on the Friant-Kern canal. Due to this designation, the basin is subject to “state intervention” under which the Water Board will work with GSAs to develop an interim plan that will get the subbasin back on track to achieve sustainable groundwater management. Delano-Earlimart Irrigation District GSA and Kern-Tulare Water District were partially excluded from the Water Board’s probationary designation and pumpers within the jurisdiction of these agencies will not be subject to reporting requirements and fees imposed by the Water Board. These two agencies will retain this status so long as they comply with specified management actions. Some of the agencies that have split off from the Eastern Tulare GSA appear to think that they may obtain a limited exemption from the Water Board’s probationary designation as well.
5. Hope and Ducor Water Districts. Based on information available on the Water Board’s website, HWD has seven connections and primarily serves an elementary school. DWD is a community services district serving 176 connections in rural towns. Both districts are dependent on groundwater and located south of the city of Porterville in eastern Tulare County.
6. Arguments in Support. According to Tulare County, “Forming a new GSA through AB 1044 will provide ongoing GSA coverage for the lands previously governed by the Eastern Tule GSA. The new formation will allow the Tule Subbasin to work on satisfying the State Water Resources Control Board and get the subbasin out of probationary status.

“Following the adoption of the Sustainable Groundwater Management Act (SGMA), the County was a founding member of the Eastern Tule GSA. The County’s participation was to cover the undistracted ‘white areas’ in the Tule Subbasin. The GSA was formed via a Joint Powers Agreement (JPA) with other public agencies. The Eastern Tule GSA is one of several GSAs in the Tule Subbasin.

“In September 2024, the Tule Subbasin was placed on probation by the State Water Resources Control Board. At the Probationary hearing, the State Water Resources Control Board chose to provide a ‘Good Actor’ exemption to two GSAs in the Tule Subbasin. This decision prompted other public agencies in the Tule Subbasin to take action to become standalone GSAs. This resulted in the County being the lone member of the original JPA. The County does not have the resources to run a GSA and looked to the Kings River Model (SB 37, 2016) to form a new GSA to cover the remaining area.

1. Arguments in Opposition. According to the Community Water Center, Clean Water Action, and the Leadership Counsel for Justice and Accountability, “On September 17, 2024, the Tule Subbasin, was put on probation as the Department of Water Resources and State Water Resources Control Board (State Water Board) deemed the Groundwater sustainability plans for the subbasin inadequate. The probationary process overseen by the State Water Board gives GSAs a probationary period of at least a year to address the identified deficiencies. If the inadequacies are not addressed within the given probationary period, the State Water Board will step in to assume management of the basin, as well as introduce an interim plan. Even before the Subbasin was put on probation, the Subbasin has experienced extensive fragmentation, to the point where 12 GSAs currently exist in the basin. It is unclear how forming yet another GSA will alleviate the breakdown of governance in the basin.

“Indeed, establishing a new GSA will only delay the Tule Subbasin’s progress toward sustainability, requiring this new GSA to start at the beginning of the SGMA process in the eleventh year of the law. None of this supports the basin’s efforts to exit probation, a process that requires collaboration throughout the region. Furthermore, as per Wat Code § 10723(a), there is already an established process through which a GSA can form. Going through the legislative process to form a GSA would be superfluous and set a problematic precedent for addressing local groundwater governance issues.

“Additionally, the statute does not identify boundaries for the new GSA. If the intention of this bill is to reduce the current fragmentation of basin governance, it’s unclear how an Agency without boundaries will accomplish that intent. Rather than continuing to divide groundwater management in the region, it would be valuable to incentivize collaboration to ensure continued local control.”

1. Double-Referral. This bill is double-referred to the Assembly Water, Parks, and Wildlife Committee, where it passed on 13-0 vote on April 8, 2025.

REGISTERED SUPPORT / OPPOSITION:

Support

Tulare County [SPONSOR]

Valley Ag Water Coalition

Opposition

Clean Water Action

Community Water Center

Leadership Counsel for Justice and Accountability

Analysis Prepared by: Jimmy MacDonald / L. GOV. / (916) 319-3958

Date of Hearing: April 8, 2025

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Diane Papan, Chair

ABPCA Bill Id:AB 1044 (

Author:Macedo) – As Introduced Ver:February 20, 2025

SUBJECT: Tulare Basin Groundwater Sustainability Agency Act

SUMMARY: Creates the Tulare Basin Groundwater Sustainability Agency (GSA) to oversee groundwater management and compliance with the Sustainable Groundwater Management Act (SGMA) in portions of the Tule subbasin in eastern Tulare County. Specifically, this bill:

1. Creates the Tulare Basin GSA to comply with SGMA within its boundaries.
2. Provides the initial boundaries of the Tulare Basin GSA shall include all land located within the boundaries of Hope Water District and Ducor Water District as well as a yet–to-be-determined amount of land within the County of Tulare.
3. Provides the initial boundaries may change upon an action by the Tulare Basin GSA board at a public hearing with 14 days’ notice. Provides the boundaries shall not include an area subject to management by another GSA or a management area unless the Tulare Basin GSA has entered into an MOU or other legal agreement with said GSA.
4. Provides that the Tulare Basin GSA shall be governed by a five-member board that consists of the following members:
   1. One member chosen by Hope Water District;
   2. One member chosen by Ducor Water District;
   3. One member chosen by Tulare County; and
   4. Two members chosen by the other three members from a list of nominees provided by the Tulare County Farm Bureau to represent groundwater-dependent agricultural interests within the territory of the Tulare Basin GSA.
5. Provides that board members shall serve terms of four years except members appointed by the Hope Water District, Ducor Water District, and Tulare County shall serve only so long as the member is an official of the appointing agency. Members appointed by the Hope Water District, Ducor Water District, and Tulare County may serve more than one term.
6. Provides that the board may adopt an ordinance to compensate board members up to $100 per day for each day of service rendered, including attendance at board meetings. This amount may increase up to 5% annually and board members may not be compensated for more than 10 days of service per month.
7. Authorizes the board to adopt resolutions, policies, rules and regulations at a public hearing for the purpose of regulating, conserving, managing, and controlling groundwater within the agency’s territory.
8. Requires the Tulare Basin GSA to enter into a coordination agreement with other GSAs managing portions of the Tule subbasin.
9. Authorizes the Tulare Basin GSA to exclude groundwater pumpers from any of its policies, rules, or regulations if the pumper extracts less than a minimum amount of groundwater annually specified by the board.
10. Provides the Tulare Basin GSA may collect data and conduct technical and other investigations to carry out the purposes of this bill.
11. Provides the Tulare Basin GSA may exercise any of the powers and authorities granted to GSAs by SGMA.
12. Authorizes the Tulare Basin GSA to impose fees, including permit fees and groundwater extraction fees, to fund the costs of a groundwater sustainability program.
13. Adds the Tulare Basin GSA to the list of “exclusive” local agencies with authority to manage groundwater and comply with SGMA within their respective agency boundaries.
14. Adds a savings clause providing that in the event of any conflict between SGMA and this bill, the provisions of SGMA shall prevail.
15. Defines various terms for purposes of this bill.
16. Makes various legislative findings and declarations regarding the need for this bill.

EXISTING LAW:

1. Requires, under the Sustainable Groundwater Management Act, local agencies to sustainably manage groundwater in critically over-drafted basins by 2040 and in high- or medium-priority basins by 2042. Defines sustainable management of groundwater as the avoidance of the following six “undesirable results:” (a) chronic lowering of groundwater levels; (b) reduction of groundwater storage; (c) seawater intrusion; (d) degraded water quality; (e) land subsidence; and (f) depletions of interconnected surface water (Water Code § 10720 et seq.).
2. Requires local agencies in high- and medium-priority basins to form a groundwater sustainability agency (GSA) by June 30, 2017, unless statute designates an “exclusive local agency” for a given area. Provides that a county will be the default GSA for any area in a high- or medium- priority basin not managed by a GSA unless said county notifies the Department of Water Resources that it will not be the GSA for an uncovered portion of a high- or medium-priority basin (Water Code §§ 10723 – 10724).
3. Provides that a GSA may be formed by a combination of local agencies via a joint powers agreement or memorandum of agreement or other legal agreement (Water Code § 10723.4).
4. Provides that a Groundwater Sustainability Plan (GSP) may be a single plan covering a basin implemented by a single GSA, a single plan covering a basin implemented by multiple GSAs, or multiple plans implemented by several GSA subject to a coordination agreement (Water Code § 10727).
5. Requires GSAs intending to develop and implement multiple GSAs in a basin to coordinate with each other and ensure the GSPs utilize the same data and methodologies for the following assumptions: (a) groundwater elevation data; (b) groundwater extraction data; (c) surface water supply; (d) total water use; (e) change in groundwater storage; (f) water budget; and (g) sustainable yield.
6. Designates 17 local agencies as the “exclusive local agencies” within their service territory that are responsible for complying with SGMA. Examples include Desert Water Agency, Fox Canyon Groundwater Management Agency, Orange County Water District, and Pajaro Valley Water Management Agency [Water Code § 10723(c)].

FISCAL EFFECT: Unknown. This bill is keyed fiscal.

COMMENTS:

1. Purpose of this bill. The author asserts that this bill “restores stability to the community by creating a dedicated [GSA], empowering the County to protect its water resources, support its agricultural economy, and secure a sustainable future for its residents.” The author estimates the boundaries of the Tulare Basin GSA proposed in this bill represent approximately one-half of the territory previously managed by the Eastern Tule GSA.
2. Background. SGMA was enacted in 2014 to create a statewide requirement for sustainably managing groundwater resources. The objective of SGMA is to ensure the long-term reliability of groundwater resources and connected surface water resources. SGMA provides for the management of groundwater resources by local agencies subject to state oversight and, in the event that actions of local agencies are insufficient, state intervention by the State Water Resources Control Board (State Water Board).
   
   Tule subbasin. Located in California’s Central Valley in the southern portion of the San Joaquin Valley, the Tule Subbasin covers approximately 475,895 acres, or about 744 square miles. The Department of Water Resources designates the subbasin as “high” priority and subject to conditions of critical overdraft. Communities within the subbasin include the City of Porterville, Allensworth, Alpaugh, Ducor, Earlimart, East Porterville, Pixley, Poplar-Cotton Center, Richgrove, Terra Bella, Teviston, Tipton, and Woodville. According to the 2022 Census data, the Tule Subbasin has an estimated population of 152,577 people. Most of the land within the subbasin and surrounding areas is used for growing crops and raising livestock. Groundwater in the subbasin is used for drinking water, agriculture, wildlife habitat, and oil and gas extraction.
   
   GSAs for the Tule subbasin. As recently as 2023, there were seven GSAs responsible for managing groundwater in the subbasin: Pixley Irrigation District GSA, Tri-County Water Authority GSA, Alpaugh GSA, Delano-Earlimart Irrigation District GSA, Eastern Tule GSA, Tulare County GSA, and the Lower Tule River Irrigation District GSA. Today there are 12 GSAs managing portions of the Tule subbasin. The increase in GSAs is a result of the breakup of the Eastern Tule GSA, which this bill seeks to address.
   
   Eastern Tule GSA. Formed in 2016, the Eastern Tule GSA is a joint powers authority that took on responsibility for managing groundwater in the eastern portion of the subbasin. This GSA initially had eight members: the County of Tulare, City of Porterville, Saucelito Irrigation District, Teapot Dome Water District, Vandalia Water District, Terra Bella Irrigation District, Kern-Tulare Water District, and Porterville Irrigation District. For various reasons, all of the original members of the GSA, except Tulare County, have since split off to form new GSAs.
   
   Probationary status for Tule subbasin. The State Water Board designated the Tule subbasin as a “probationary” basin in September 2024 due to significant deficiencies in several of the GSPs for the subbasin and the adverse impacts that land subsidence resulting from over-pumping of groundwater is having on the Friant-Kern canal. Due to this designation, the basin is subject to “state intervention” under which the State Water Board will work with GSAs to develop an interim plan that will get the subbasin back on track to achieve sustainable groundwater management. Delano-Earlimart Irrigation District GSA and Kern-Tulare Water District were partially excluded from the State Water Board’s probationary designation and pumpers within the jurisdiction of these agencies will not be subject to reporting requirements and fees imposed by the State Water Board. These two agencies will retain this status so long as they comply with specified management actions. Some of the agencies that have split off from the Eastern Tulare GSA appear to think that they may obtain a limited exemption from the State Water Board’s probationary designation as well.
   
   Hope and Ducor water districts. Based on information available on the State Water Board’s website, Hope water district has seven connections and primarily serves an elementary school. Ducor is a community services district serving 176 connections in rural towns. Both districts are dependent on groundwater and located south of the city of Porterville in eastern Tulare County.
3. Policy consideration. Unlike other legislation that has established exclusive GSAs since the passage of SGMA, this bill does not have concretely defined boundaries. It leaves open the possibility that additional agencies may join the GSA. Fortunately, this bill expressly prohibits the Tulare Basin GSA from managing any area that is managed by another GSA unless there is a formal agreement between the two agencies to do so. The sponsor asserts this is left open because covering a larger area will lead to more effective groundwater management. While this is certainly true, should this bill move forward, the author may wish to more definitively define the boundaries of the Tulare Basin GSA to avoid creating any confusion.
4. Arguments in support. Tulare County is the sponsor of this bill and argues that, by establishing the Tulare Basin GSA, it will “allow the Tule Subbasin to work on satisfying the [State Water Board] and get the subbasin out of probationary status.” Tulare County states that as the last remaining member of the Eastern Tule GSA, it does not have the resources to run a GSA, but believes this bill represents a model that will work for the “white areas” (i.e., areas not within the jurisdiction of a water district) the county is responsible for.
5. Related legislation. SB 372 (Cannella), Chapter 357, Statutes of 2017, establishes the San Joaquin River Exchange Contractors Groundwater Sustainability Agency to manage a portion of the Delta-Mendota groundwater subbasin.
   
   SB 37 (Vidak), Chapter 391, Statutes of 2016, establishes the Kings River East Groundwater Sustainability Agency to manage the south eastern portion of the Kings groundwater subbasin.
   
   SB 564 (Cannella), Chapter 392, Statutes of 2016, establishes the North Fork Kings River Groundwater Sustainability Agency to manage the north-central portion of the Kings groundwater subbasin.

REGISTERED SUPPORT / OPPOSITION:

Support

County of Tulare (sponsor)

Valley Ag Water Coalition

Opposition

None on file

Analysis Prepared by: Pablo Garza / W., P., & W. / (916) 319-2096