HomeMy WebLinkAbout1994-09-29; Municipal Water District; 0928.01; Synopsis of AB 3030z 0 F
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VITG. 09/29/94 CMWD IEPT.
CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL
TITLE:
SYNOPSIS OF AB 3030
DEPT. HD. ___
CITY ATTY ~
CITY MGR.
3ECOMMENDED ACTION:
This is an informational item for discussion. No action is required at this time.
ITEM EXPLANATION:
Staff will make a presentation regarding AB 3030.
SYNOPSIS OF AB 3030
[SWC Sec 10750 et seq.)
Procedures and Technical Components
AB 3030 Water Code Sections 10750 - 107671
1. Purpose of A8 3030
A. Local agency
6. Management area and agency power
1. May exercise many of the powers of a Water Replenishment District
[SWC 560220 AND §60300]
C. Procedures
1.
2.
3.
4. Must publish notice
5.
6.
7.
8. Consider protests
9.
10.
11.
12.
Publish notice of public hearing
Conduct a hearing on whether to adopt a ground water management
plan
May adopt a resolution of intention to adopt a ground water
management plan
Must prepare a ground water management plan within 2 years
If not, return to step I
Hold a 2d hearing after the plan is prepared
A majonty protest consists of more than 50% of the assessed value
of the land within the agency
If a. majority protest exists, the plan shall not be adopted
No new plan for the same area may be considered for I year
If there is no majority protest, the ground water management plan
may be adopted within 35 days after the 2d public hearing
D. Rules and regulations
E. Finances
F. Proposed fees
G. Coordination with other agencies
11. Water Code Section 10753.7 states that a ground water management plan may
include components relating to all of the following:
A. The control of saline water intrusion
8. Identification and management of wellhead protection areas and recharge
areas
C. Regulation of the migration of contaminated ground water
D. The administration of a well abandonment and well destruction program
E. Mitigation of conditions of overdraft
F. Replenishment of .ground water extracted by water producers
G. Monitoring of ground water levels and storage
H. Facilitating conjunctive use operations
1. Identification of well construction policies
J. The construction and operation by the local agency of ground water
contamination cleanup, recharge, storage, conservation, water recycling and
extraction projects
K The development of relationships with state and federal regulatory agencies
L The review of land use plans and coordination with land use planning
agencies to assess activities which create a reasonable risk of ground water
contamination
111. Additional powers granted under SWC Part 4 starting with s60220 and Part 6
starting with s60300 include levying assessments, conducting technical studies,
protecting ground water supplies, taking action outside the district to protect ground
water, water replenishment assessments, and water measuring devices
IV. Benefits of ground water management
A Water supply is maximized
8.
C. Costs are distributed equitably
D. Benefits are distributed equitably
Long term water supply is assured
E. Water shortages are shared equitably
Carl Hauge, Department of Water Resources, [9161 327-8861
GROUND WATER MANAGEMENT IN CALIFORNIA
Conclusions
1. Goals of ground water basin management have been clearly defined:
a. Protection of natural recharge and use of intentional recharge.
b. Planned variation of amount and location of extraction over time.
c. Use of ground water storage conjunctively with surface water from local and
imported sources, including recycled water.
d. Protection and planned maintenance of ground water quality.
2. There is no single. institutional, financial, legal, or technical program for managing
ground water in different parts of California.
3. Ground water management plans must match the institutional and technical framework
that exists in a specific area. For this reason, management plans may not be identical
from basin to basin or sub-basin to sub-basin.
4. If there is no ground water management plan in your area, you should start planning
immediately with the data that are available. Don't wait for other studies to be started
or finished.
5. Many existing water senice agencies already have some regulatory authority relating
. to ground water.
6. AB 3030 provides clear procedures for developing a ground water management plan,
but it does not eliminate previously existing, institutional problems. Consensus-
building that leads to resolution of such problems remains the responsibility of water
managers.
7. Efficient management of the ground water reservoir maximizes water supply. assures a
long-term supply, and spreads costs, benefits, and water shortages equitably.
Carl Hauge, Department of Water Resources, (916) 327-8861. 21 Jul 94
From: Bill Fmny To: William Rummmr Dab: 7/27/#4 Tim.: 1240:18 Pam 1 of 8
B
C
Unless otherwise indicated or obvious from the nature of the transmittal, the
information contained in this facsimile message is confidential information
intended for the use of the indwidual or entity named below. If the reader
of this message is not the intended recipient, or the employee or agent
responsible to deliver it to the intended recipient, you are hereby riotified
that any dissemination, distribution or copying of this communication is
strictly prohibited. Ifyou have received this communication in error, please
notify us at the telephone number listed.
ROWN AND
ALD WELL
150 South Arroyo Parkway
Post Office Box 7103
Pasadena, California 91 109-7203
(818) 577-1020 FAX (818) 795-6016 Thank you.
~ ~~~ ,
FAX TRANSMITTAL COVER SHEET
PLEASE DELIVER THE FOLLOWING PAGES TO:
NallE: Bill Plummer Company: Carlsbad Municipal Water ,District
aiy: Carlsbad, CA FAX NO: {619)431-1601
THIS TRANSMITTAL IS BEING SENT FROM
Nm/User ID: Bill Ferry D*: July 27, 1994
Job #: Retumongjnals: Yesx No-
Stamp: Yes- No-
SPECIAL INSTRUCl'IONS/FfEMAR:
Attached is a diagram summarizing data concerning AB3030. It makes no attempt to be complete.
What is import& is whether your agency is authorizesd to levy ground water pumping assessments or
other ground water-related charges, to provide a source of finds for basin management.
If not, other concepts for ground water basin management include: 1) special act legislation (Hatch and
Parent, a law firm in Santa Barbara is active in this area), 2) agreements between purveyors, and 3)
adjudication.
NUMBER OF PAGES BEING TRANSMITTED, INCLUDING COVER SHEET: 3
From: Bill Fany To: William Mummer Dale: 7/27/94 Time: 1241:05 Pag. 2 of a
if Groundwater Management Program
overlaps service area of another water
agency, program requires approval of that other water agency.
WHO can adopt a Groundwater Management Plan pursuant to AB 3030
for unadjudicated basins7
Local agencies providing water service,
or certain other agencies as defined if
these other agencies provide flood
control, groundwater quaCty management, or groundwater replernstwnent
HOW is a Groundwater Management Plan Public hearing before Resolution of
Fig 2-2. AB 3030 Groundwater
Management Planning
Draft 8 publish Resolutjon of
Second hearing to determine
whether to adopt Groundwater
Management Plan
Majority protest of assessed
valuation of overlying land kills
From: Bill Fony To: William Rummor DM: 7/27/94 limo: 124151
WHAT can be included in a
Groundwater Management Plan? I
c
t
Control saline intrusion
Manage wellhead protection a recharge areas
Regulate contaminated plume
migration
Wen abandonment/destruction :
program
Regulate basin overdraft
Groundwater replenishment
Monitor groundwater level a storage
Conjunctwe use management
ConstucMnanage basin facilities/
operations
Regulatory agency relationships
Asistance to general pupose govts
(land use rewew) to prevent
groundvater contarninafion
Fees and assessments based on
amount of extracted water used HOW are activities financed?
f Fig 2.-2 (continued). AB
3030 Groundwater
Management Planning
7
Authorization to levy fees requires
majority vote of the electorate
Article 8
ADOPTION AND IMPLEMENTATION OF PLANS
0 10644. Filing of copy of plan, amendmenta or changer
An urban water supplier shall file with the department a copy of ita plan no later than 30 days after adoption. Copiea of amendment8 or changea to the plane ehall be filed with the department within 30 daya after adoption.
Plans fded under this section shall descrii the basis for the decision of the urban water supplier to add, change, or retain conservation measurea.
Amended by Stata.1992, c. 711 (kB2874), 0 127, eff. Sept. 16, 1992)
.
*I*
PART 2.75
GROUNDWATER MANAGEMENT
Chapter Section
1. General Provlalonr ............................................................... 10750 2. Deflnltlons ....................................................................... 10752 3. Groundwater Management Plans. ................................................. 10753 4. Flnancer ........................................................................ 10754 5. Miacellanoour ................................................................... 10755
Part 2.75 was added by Stats.l99% c 947 (ABJOSO), 0 A
Former Part 3.75, Gnrundwatet. Resources, misting of §§ 10750 to 10767, wo adcled by
Stats.1991, c 9oJ (AB.255), 0 1, and repealed by Stab.199% c 947 (AB.SOSO), § 1.
C"ER 1
GENERAL PROVISIONS
Section
10760. Legislative findings, declarations and
10760.2. Application of part
10760.4. Adoption of groundwater management plan or program not required.
10750.6. Authority of local agencies or water- master to manage groundwater not . affected. Management by local agencies within
service area of another agency, water corporation or mutual water compa-
intent.
10760.7.
Section ny without agreement prohibited;
application of section. Management by local agencies within eervice area of another agency with- out agreement prohibited; applica- tion of section.
10760.9. Groundwater management program;
procedures to estahlieh commenced prior to January 1,1993; completion; amendment.
10750.10. Other powers.
10760.8.
chapter 1 waa added bp Stats.lS9% c 947 (AB.SOJO), 4 9.
0 10750. Legislative findings, declarations and intent
The Legislature finds and declares that groundwater ia a valuable natural resource in California, and should be managed to ensure both ita safe production and ita quality. It ia the intent of the Legislature to encourage local agencies to work cooperatively to manage groundwater resources within their jurisdictions.
(Added by Stata.1992, c. 947 (kB.30301, 0 2.)
Addltione or changes lndlcated by underllne; deletlone by asterlsks
3' CODE
aye after within 30
ipplier to
Sectlon . 10750 . 10752 . . IO753 .. 10154 . 10755
ohiiited;
I
WATER CODE
a within
.cy with-
applica-
'ram; nmenced npletion;
nia, and
.in their
!
0 10750.9
4 Hlrtorical and Statutoq Nota
0 107502. Application of part
(a) Subject to subdivision (b), this part appliea to all groundwater basins in the atate.
(b) This part does not apply to any portion of a groundwater basin that is subject to groundwater management by a local agency or a watermaster pursuant to other provisions of Iwp or a court order, judgment, or decree, unlesa the local agency or watermsater agrees to the application of this part.
(Added by Stata.1992, c. 947 (A.B.3030), 0 2.)
Historical and Statutory Nota
Derivation: Former 4 10760, added by Shtu.1991, c 903 CnB26aX 4 1.
0 10750.4. Adoption of groundwater management plan or propnun not required
groundwater management plan or groundwater management prom pursuant to thie part.
(Added by Stata.1992, c. 947 (AB.3030), 0 2.)
Nothing in this part requirea a local agency overlying a groundwater basin to adopt or implement a
0 10750.6. Authority of local agencie8 or watermaster to manage groundwater not affected
Nothing in this part &e& the authority of a local agency or a watermaster to manage groundwater pursuant to other provisions of law or a court order, judgment, or decree.
(Added by Stata.1992, c. 947 (AB.3030), 0 2)
0 10750.7. Management by local agenciea within =mice area of another agency, water corporation
or mutual rater company without agreement prohibited; application of section
(a) A local agency may not manage groundwater pursuant to thie part within the dce area of another local agency, a water corporrrtion regulated by the Public Utilities Commission, or a mutual water company without the agreement of that other entity.
(Added by Stata.1992, c. 947 (AB.3030), 0 2.)
(b) This section applies only to groundwater basins that are not critically ov-
Hirtorid and Statutoq Notea
Dufratlon: Fonner 0 101@!, added by Shta.1991, c
905 (llB266), 0 1.
0 10750.8. Management by local agencies within emice area of another agency without agree-
(a) A local agency may not manage groundwater pursuant to thia part within the service am of
(b) This section applies only to groundwater basins that are critically overdrafted.
ment prohibited; application of section
another local agency without the agreement of that other entity.
(Added by Stata.1992, c. 947 (AB.3030), 0 2.)
Historical and Statutory Notea
Duivation: Former 4 10762, added by Stata.1991, c 903 (ABW), 4 1.
0 10750.9. Groundwater management program; procedurer to eaablish commenced prior to Janu-
(a) A local agency that commences procedures, prior to Jan- 1, 1993, to adopt an ordinance or -Jution to establish a program for the management of groundwater pursuant to Part 276 (commencing
Addltlonr or changes Indlcated by underllne; deletlon8 by aderlrkr
ary 1,1993; completion; amendment
9 10750.9 . WATER CODE
with Section 10760), as added by Chapter 903 of the Statutee of 1991, may proceed to adopt the ordinance or resolution pumuant to ’ Part 2.76, and the completion of those procedures ia deemed to meet the requirementa of this part.
(b) A local agency that has adopted an ordinance or resolution pursuant to Part 2.76 (commencing with Section 10750), as added by Chap ter 903 of the Statutes of 1991, may amend its groundwater management propm by ordinance or resolution of the governing body of the local agency to include any of the plan componenta set forth in Section 10763.7.
(Added by Stats.1992, c. 947 (kB.30301, 9 2. Amended by Stata.1993, c. 320 (AB.1162), 0 1.)
0 10750.10. Other powerr
other provjsions of law.
(Added by Stata.1992, e. 947 (kB.3030), 0 2)
This part is in addition to, and not a limitation on, the authority granted to a local agency pursuant to
Historical and Statutory Nota
Derivation: Former 0 10766, added by Stats.1991, c
903 (ABS%), 0 1.
0 10751. Repealed by State.1992, c 947 (A.B.3030), 0 1
Historical and Statutory Notem
The repealed rection, added by Stata.1991, c. 903 (AB. 2651, 0 1, set forth definitione. See, now, 0 10762.
CHAPTER 2
DEFINITIONS
Section 10752. Definitions.
Chapter t waa added by St.&.l99% c 947 (AB.SOSO), 8
0 10752. Definitions
Unless the context otherwise requires, the following definitions govern the construction of this part:
(a) “Groundwater“ means all water beneath the surface of the earth within the zone below the water table in which the soil is completely saturated with water, but doea not include water which flm in known and definite channels.
(b) “Groundwater basin” means any basin identified in the department’s Bulletin No. 118, dated September 1975, and any amendmenta to that bulletin, but does not include a basin in which the average well yield is less than 100 gallons per minute.
(c) “Groundwater extraction facility” means any device or method for the extraction of groundwater within a groundwater basin.
(d) “Groundwater management plan” or “plan” means a document that describes the activities intended to be included in a groundwater management program.
(e) “Groundwater management program” or “program” means a coordinated and ongoing activity undertaken for the benefit of a groundwater basin, or a portion of a groundwater basin, pursuant to a groundwater management plan adopted pumuant to this part.
(0 “Groundwater recharge” means the augmentation of groundwater, by natural or artificial means, with surface water or recycled water.
(9> “Local agency“ means any local public agency that provide8 water service to all or a portion of ita aervice areg and includea a joint powers authority formed by local public agencies that provide water service.
01) “Recharge area” means the ama that supplies water to an aquifer in a groundwater basin and includes multiple wellhead protection areas.
Addltlonr or changer lndlcated by undorllne; deletlonr by a!~tOrl8k8
(1) 'Wellhead protection area" meano the surface and subsurface am surrounding a water well or well field that euppliea a public water syatem thugh which contaminants a.m reasonably likely to migznte toward the water well or well field.
(Added by Stata.1992, c. 947 (kB3030), b 2 Amended by Stata.1993, c 320 W.1162), 0 2.)
- Hirtorical and Statutory Notea
1992 Legidation Duh.tion: Fonner D 10761, added by St.tal991, c
Fonner 4 10762 WM repealed by Statd.1992, c 947 903 (AB266) 4 1. (ABXBO), 0 1. See, now, 0 10768.
CHAPTER 3. GROUNDWATER MANAGEMENT PLANS
Section Section 10753. Adoption or implementation of plan. 10763.6. Written proteat; contents; mqjority pro- 10753.2. Hearing, notice; resolution of intention teat.
to adopt plan. 10763.7. Plan components.
tion of resolution of intention.
adoption of p L .
10763.3. Publication of molution of intention. 107&3& ~d~ and reguhtiona to implement snd 10753.4. Preparation of ph, adoption; wph-
10763.9. Potential impact of mlea and regulations 10753.5. Second hearin notice; protesta to on busineae activities; consideration.
enforce plan.
Chupler S wod crrlded StatS.1992, c 947 (AB.SOSO), 5 2
4 10753. Adoption or implementation of plan
(a) Any local agency, whaee service area includea a groundwater kin, or a portion of a groundwater baain, that is not subject to groundwakr management pursuant to other provieion8 of law or a court order, judgment, or decree, may, by ordinance, or by molution if the local agency in not authorized to act by ordinance, adopt and implement a groundwater management plan pursuant to thia part within all or a portion of its service area
(b) Notwithstanding aubdivieion (a), a local public agency, other than an agency defined in subdivision (g) of Section 10752, that provides flood control, moundwater management, or groundwater mplenieh- ment, or a local agency formed pursuant to this code for the principal purpo se of providing water service that has not yet provided that senice, may exercise the authority of this part within a groundwater baain that is located within ita boundaries within areas that are either of the following.
(1) Not served by a local agency.
(2)eS+Servedb aid*** agency whose governing body, by a mqjority vote, dechea to exercise the -xi++ au orit o this part and enters into an agreement with the local public agency pursuant to Section 10760.7 or 10750.8.
(Added by Stats.1992, c. 947 (AB.30301, B 2. Amended by Stata.1993, c 320 (kB.1152), 0 3.)
Hirtorical and Statutory Nota
1992 Legidation Dcrlvatlon: Former 4 1076% added by Stata.1991, c
Former 0 10763 wan repealed by Stata.1992, c 947 903 (ABS). 0 1. (A.B.3030), 4 1. See, now, 0 107632
4 10753.2. Bearins notice; resolution of intention to adopt plan
(a) Prior to adopting a resolution of intention to draft a groundwater management plan, a local agency shall hold a hearing, after publication of notice pursuant to Section 6066 of the Government Code, on whether or not to adopt a resolution of intention to draft a groundwater management plan pwuant to this part for the purposes of implementing the plan and establishing a groundwater management program.
(b) At the conclusion of the hearing, the local agency may draR a resolution of intention to adopt a groundwater management plan pursuant to this part for the purposes of implementing the plan and establishing a groundwater management program.
(Added by Stats.1992, c. 947 (kB.3030), 0 2.)
Addltlonr or chmngea Indicated by underllne; dddlon8 by rded8k8
7
6 10753.2 WATER CODE
Derivation: Former 0 10768, added by Shtd.1991, c 903 (A.B266), 0 1.
0 107533. Publication of rewhation of intention
(a) After the conclusion of the hearing, and if the local agency adopte a resolution of intention, the local agency shall publbh the resolution of intention in the me manner that notice for the hearing held under Section 107532 was published.
(b) Upon written request, the local agency shall provide any interested pereon with a copy of the resolution of intention.
(Added by Stata.1992, c. 947 (AB.30301, 4 2)
Historical and Statutory Notea
Derivation: Former 0 10764, added by Statal991, c 903 (AB=), 0 1.
0 10753.4. Preparation of plan; adoption; expiration of resolution of intention
The local agency shall prepare a groundwater management plan within two yeam of the date of the adoption of the resolution of intention. If the plan is not adopted within two years, the molution of intention expirea, and no plan may be adopted except pureuant to a new resolution of intention adopted in accordance with this chapter.
(Added by Stata.1992, c. 947 (AB.30301, 9 2)
0 10753.5. Second hearing; notice; proteeta to adoption of plan
(a) After a groundwater management plan is prepared, the local agency shall hold a second hearing to determine whether to adopt the plan. Notice of the hearing shall be given pursuant to Section W of the Government Code. The notice shall include a summary of the plan and shall state that copies of the plan may be obtained for the cost of reproduction at the ofice of the local agency.
(b) At the second hearing, the local agency shall consider proteata to the adoption of the plan. At any time prior to the conclusion of the second hearing, any landowner within the local agency may fde a written protest or withdraw a protest previonely filed
(Added by Stata.1992, c 947 (kB3030), 0 2)
Historical and Statutory Nota
Derivation: Former 0 10766, added by Stab.1991, c
908 (1CB266),4 1.
0 10753.6. Written protest; contenb; mdority protest
(a) A written proteat filed by a landowner shall include the landowner's signature and a description of the land owned suircient to identify the land. A public agency owning land is deemed to be a landowner for the purpoee of making a written proteat.
(b) The secretary of the local agency shall compare the namea and property descriptions on the protest against the property ownership records of the county assessors.
(c) (1) A majority protest shall be determined to exist if the governing board of the local agency finds that the protests filed and not withdrawn prior to the conclusion of the second hearing represent more than M) percent of the assessed value of the land within the local agency subject to groundwater management pursuant to this part.
(2) If the local agency determines that a mqjority protest exista, the groundwater plan may not be adopted and the local agency ehall not consider adopting a plan for the area proposed to be included
within the program for a period of one year aRer the date of the second hearing.
(3) If a mqjority proteat has not been filed, the local agency, within 35 days after the conclusion of the second hearing, may adopt the groundwater management plan.
(Added by Stata.1992, c. 947 (AB3030), 9 2.)
AddRlonr or changer Indicated by underllne; deletlonr by asterlrkr *
"ER CODE ' WATER CODE
1 I
Hirtorlcal and Statutoxy Nom
Duirrrtlon: Former 00 10768,10767, dded by St~tr.
1991, c 909 (ABS), 0 1.
0 10754'
on, the local g held under
spy of the
date of the eeolution of adopted in
hearing to ion 6066 of )pi- of the
m. At any may file a
aiption of landowner
he protest
ency finds .sent more oundwater
iay not be
5 included
lion of the
0 10753.7. Plan componenta
A groundwater management plan may include componenta relating to all of the following:
(a) The control of saline water intrusion.
(b) Identification and management of wellhead protection areas and recharge m.
(c) Regulation of the migration of contaminated groundwater.
(d) The administration of a well abandonment and well destruction program.
(e) Mitigation of conditions of overdrah.
(f) Replenishment of groundwater extracted by water producers.
(s) Monitoring of groundwater levels and storage.
01) Facilitating cor@.nctive use ope ratio^.
(i) Identification of well construction policies.
cj) The construction and operation by the local agency of groundwater contamination cleanup,
(k) The development of relationships with state and federal regulatory agenciee.
(I) The review of land use plans and coordination with land use planning agenciea to assea activities
I 1
recharge, storage, conservation, water recycling, and extraction projects.
I i which mte a reaeonable risk of groundwater contamination.
(Added by Stat8.1992, c. 947 (kB.30301, 5 2.)
0 10753.8. Rules and regulations to implement and enforce plan
(a) A local agency shall adopt rules and regulations to implement and enforce a groundwater management plan adopted pursuant to thie part.
(b) Nothing in this part hall be conetrued as authoriring the local agency to make a binding determination of the water rights of any pereon or entity.
(c) Nothing in thb part shall be conshed as authorizing the local agency to limit or suspend extrsctio~ unless the local ageney bas deterruined through ~tudy and hve&igation that grounm replenishment pmgrama or other dternntiVe sourcea of water supply have praved insumdent or i f infeasible to lessen the demand for groundwatar. --
(Added by Stat8.1992, c. 947 (AB.3030). 0 2)
5 10753.9. Potential impact of rules and regulationa on bwineu adhitier; consideration
In adopting rulea and regulations pursuant to Section 10753.8, the local agency ahall consider the potential impact of those mles and regulations on businese activitiea, including agricultural operations, and to the &nt practicable and consistent with the protection of the groundwater reaourcee, mMmize any adverse impacts on those business activitia.
(Added by Stats.1992, c. 947 (A.B.3030), 5 2.)
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CHAPTER 4
FINANCES
Section Section 10764. Local agencies; water repleniahment payment of cos& mediation pro- district powers; fees and aesessments. 10754.2. Annual fees and aswsmenta based on 10764.3. Elections to authorize asseasments or amount of groundwater extracted; fees.
gram excluded.
Chapter 4 uxu addid Stats.l@9% c 947 (AB.S030), 0 L
0 10754. Local agencies; water replenishment district powm; fw and aseessmenta
For purposes of groundwater management, a local agency that adopts a groundwater management plan pursuant to this part has the authority of a water replenishment district pursuant to Part 4 (commencing
Addltlonr or changer Indlcated by undorllne; deletlonr by aaisrlskr *
n
I
8 10754 WATER CODE
with Section 60220) of Mvision 18 and may flx and collect leer, and aaaeesments for groundwater management in accordance wdth Part 6 (commencing with Section 60300) of Division 18.
(Added by Stats.1992, c. 947 (A.B.30301, 0 2.)
Historical and Statutory Notee
1992 Legidation Fonner 0 10764 waa repeJea by Stata.I!392, c 947 Duivation: Former 41 10769, 10760 added by Stab. 1991, c 903 UBe66), $1.
(Ag.go30X 4 1. See, now, 0 107651).
0 107542. Annual fees and assessments based on amount of groundwater extract& payment of
(a) Subject to Section 10764.3, except 88 specified in subdivision (b), a local agency that adopte a groundwater management plan pursuant to this part, may impoee equitable annual fees and aeseesmenta for groundwater management based on the amount of groundwater extracted hm the groundwater basin within the ana included in the groundwater management plan to pay for coats fncurwd by the local agency for groundwater management, including, but not limited to, the coats 888od8ted with the acquisition of replenishment water, administrative and operating costa, and costs of construction of capital facilities neceaaary to implement the groundwater management plan.
(b) The local agency may not impose fees or sssessmenta on the extraction and replacement of groundwater pursuant to a groundwater remediation program required by other provisions of law - or a groundwater storage contract with the local agency.
(Added by Stab.1992, c. 947 (A.B.3030), 9 2. Amended by Stata.1993, c. 320 (kB.l162), 0 4.)
cos@ remediation program excluded
Historical and Statutory Nota
Derivation: Former 00 10769, 10760 added by Stab.
1991, c 903 (ABS), 4 1.
0 1075L.3. Elections to authorize assessments or fees
Before a local agency may levy a water management aaeesement pursuant to Section 107642 or othemvise fix and collect fees for the replenishment or extraction of groundwater pmuant to thie part, the local agency shall hold an election on the proposition of whether or not the local agency ahall be authorized to levy a groundwater management assessment or fix and collect fees for the replenishment or extraction of groundwater. The local agency shall be so authorized if a mqjority of the votes caet at the election ia in favor of the proposition. The election shall be conducted in the manner prescribed by the
lam applicable to the local agency or, if there are no laws so applicable, then as prescribed by laws relating to local elections. The election shall be conducted only within the portion of the jurisdiction of the local agency subject to groundwater management pursuant to thb part. , /
Hietorid and Statutory Notea 4 /
DerImLfon: F-er 4 10761, added by Stata1991, c
903 (ABS), 4 1.
CHAPTER 5
MISCELLANEOUS
Section Section 10766. Annexed land; compliance with plan. powem agreementa; agreementa with
10755.2. Coordinated plans for local agencies public entities or private parties. within basin; joint 10766.3. to COordhk ph. 10755.4. Limitation on application of part.
Chap& 5 was added bg Stals.l9% c 947 (AB.SOSO), § e.
0 10755. Annexed land; compliance with plan
(a) If a local agency annexes land subject to a groundwater management plan adopted pursuant to thia part, the local agency annexing the land shall comply with the groundwater management plan for the annexed property.
Addltlons or change8 lndlcated by underllne; deletlona by asterlsks
. 1
! TERCODE
groundwater
dded by Stata
payment of
ut adopta a aseesemente dwater basin by the local ed with the ion of capital
>lacement of
3 of law ,
4.)
I 107642 or 0 tothispart, ; ncy shall be niahment or I scastatthe i ni by the
=dbYh .risdiction of
?menta with
lartiea. I
part.
1.
uanttothia >Ian for the
WATER CODE
(b) If a local agency eubject to 8 groundwater manrgement plan adopted pursuant to thio part ann- land not subject to a groundwater management plan adopted pursuant to this part at the time of annexation, the annexed terdtozy rhaU be subject to the groundwater management plan of the local agency annexing the land.
(Added by Stats.1992, c. 947 (AB.3030), 4 2)
-
Historical and Statutozy Notea
1992 Legidation Fonner 0 10766 WBI reperled by Stats.1992 c 847 Deri~CJo~ Famar i 10764, dded by 8-1991, c 809 fAB266), i 1. (AB.3030). 4 1. See, now, 0 10769.6.
4 107553. Coordinated planr for local agencfw within same groundwater bin; joint powerr agreemenb; agreemenu with public entitier or private partier
(a) It la the intent of the Legblatute to encourage local agendea, within the me groundwater baain, that are authorized to adopt groundwater management pb pursuant to thia part, to adopt and implement a coordinated groundwater management plan.
(b) For the purpose of adopting and implementing a coordinated groundwater management program pursuant to thia pa a local agency may enter into a joint powere agreement pursuant to Chapter 6 (commencing with Section 6500) of Diviaion 7 of Title 1 of the Government Code with public agenaes, or a memorandum of understanding with public or private entities providing water service.
(c) A local agency may enter into agreemenb with public entities or private partien for the purpose of implementing a coordinated groundwater management plan.
(Added by Stats.1992, c. 947 (AB.3030), 0 2. Amended by Stats.1993, c. 820 (AB.1162), 06.)
Historical and Statutory Notea
Derivation. Former 00 10768, 10763 added by Stah.
1991, c 903 (ABS), 0 1.
4 107553. Meetinp to coordinate pla~
Local agencies within the same groundwater baain that'conduct groundwater management proparm within that baain purauant to thia part shall, at least annually, meet to coordinate thoee pgmum.
(Added by Stats.1992, c. 947 (ABJNO), 0 2.)
4 10755.4. Limitation on application of part
Except in thoae groundwater basfns that are subject to critical conditions of groundwater overdrdt, aa identified in the department's Bulletin 11880, revised on December 24, 1982, the requhmenta of a groundwater management plan that is implemented pwuant to thin part do not apply to the extmction of
groundwater by meana of a groundwater extradon facility that is used to provide water for domestic purposes to a eingleunit residence and, if applicable, any dwelling unit authorized to be ~o~tru~td
pursuant to Section 6!j8521 or 65862.2 of the Government Ccde.
(Added by Stats.1992, c. 947 (AB.3030), 0 2.)
00 10756 to 10767. Repealed by Stab.1992, c. 947 (AB.30301, 0 1
Historical and Statutory Notea
Section8 10766 md 1076'7, see, now, 4 10763.6. Seetion 10762 8e4 nmJ 00 10760.7 md 10760.8.
Section 10768, we, now, 0 107662
Won 10764, rsa, naa, S 10766.
SecCion 10768, aee, now, 0 107662
Section8 10769 and 10760, nee, now, 04 10764 and 107642
Section 10761, we, now, 0 10764.8. Won 1076(1, wje, now, I 107M).IO.
8 Addltlonr or changea Indlcsted by underllne; deletlonr by ad0rirka
11
Trucking California's Progress in Ground Wukr Munugement P/ans
THIS new column In ACWA News, written by Dr. Steven Bachman of Integrated Water Technologies, Inc., chairman of ACWA's Subcommit-
tee on Ground Water Management Plans, will report on how
California's water agencies are complying with the legislation on ground water management plans, and offer answers to the mat frequently asked questions about
AB 3030.
Initial tracking by ACWA and Carl Hauge of the California Department of Water Resources
(DWR) indicates that of approxi- mately 500-600 water agencies eligible to use the AB 3030 legisla- tion, approximately 32 agencies are in the process of formulating a plan. Interest in this issue is rapidly increasing. For example, the recent ACWA Ground Water Mini-Confer- ence addressing ground water management issues and AB 3030 had capacity attendance of 350 managers and directors.
The two most frequently asked questions about AB 3030 are who should prepare a plan and why.
The 'why" question is addressed in the accompanying article. Who
should do a plan is addressed directly in both AB 3030 and the
follow-up AB I 152 - public agencies that serve water and overlie a ground water basin have
the first obligation in management.
Ground water basins are defined in DWR Bulletin No. 118 and its amendments. If there is no water- serving agency, or if that agency decides not to do a plan, then an overlying public agency with any water-related functions can do a
plan. AB 3030 does not apply to existing ground water management agencies or to adjudicated basins.
If several public agencies overlie a basin, the legislation encourages coordinated ground water manage- ment plans among the agencies.
This coordination may vary from coordinated planning to Memo- randa of Understanding to Joint Powers Agreements.
In cooperation with DWR, ACWA
will compile a list of water agencies eligible to develop ground water
management plans under AB 3030. ACWA ground water com- mittee members and DWR regional
district staffs will help track the status of plans in their area. The
committee will also be preparing in-depth answers to the most-
asked questions.
In order to help agencies answer
questions about AB 3030, the ACWA Subcommittee on Ground
Water Management Plans will act as a clearinghouse. Questions will either be answered directly, or referred to a variety of knowledge-
able people from DWR, law firms, members of the ACWA Ground Water Committee, and ACWA staff.
The& questions will also be the basis for future discussion in this column. Please FAX your AB 3030 questions to Steve Bachman at (805) 565-0886 for referral. You may also respond to the E-mail
address AB3030@AOL.COM.
The following backgmunder capsulizes Assembly Bill 3030 and
its follow-up legislation, Assembly Bill 1152.
AB 3030 of 1992 (Chapter 947). by Assemblyman Jim Costa,
authorizes any local agency that provides water services to adopt and implement a ground water management program in a ground water basin underlying its jurisdic- tion that is not currently being
Page 10
managed, and to impose fees and assessments to carry out the program.
If there is no local agency that provides water services in the area, AB 3030 authorizes local public agencies that provide flood control,
ground water quality management, or ground water replenishment to
implement ground water manage- ment programs. The measure
enumerates components to be
included in a program. An agency that began procedures to adopt an ordinance or resolution to establish a plan pursuant to Costa's AB 255
of 199 1 may complete these
procedures and is deemed to have met the requirements of this law.
In 1993, ACWA sponsored a
measure clarifying provisions enacted by AB 3030. AB 1152
(Chapter 320), also authored by Costa:
Aprn 11. 1994
HATCH .-rND P.AREST a 002/008
LAW OfFICLS
HATCH AND PARENT
A CROCCO6IONAL CDnCOIATION
TLLCPWONC iaom eoa-eaai
July 26-27, 1994
Kevin J. Neese
There are several mechanisms available for the management of groundwater on California. These mechanisms include (1) adjudication ana physical solution, (2) coordinated agreements, (3) special districts, (4) special act iegislation and (5) the Grounjwater Management Act (AB 3030).
A. ADJUDICATIOLP PH?gSIcA.L ION
Adjudications are the product of lawsuits among pumpers in a groundwater basin. Groundwater basin adjudication was shaped by the doctrine of mutual Dr- accepted by
the California Supreme Court in its decision in Pasadena v. Alhambra (1949) 33 Cal.2d 908 1207 P.2d 1711, and modified by the court in Los .9naeles v.m - we rnando (1975) 14 Cal.3d 199
[123 Cal.Rptr. 11. Under this doctrine, when a basin does not contain sufficient water for all pumpers on Overlying lands, a prescriptive right ripens after five years of continuous open, hostile and adverse use. AS a consequence, the total amount of pumping is limite.9 to the basin's safe yield. Pumping rights are allocated on the basis of historical pumping.
..
Copyright 1994 Kevin 3. Neese -1-
07/18/94 12:OJ a805 564 6528 BATCH AND P.4RENT
Rights to the use of groundwater may be adjudicated through a civil action or by following certain statutory procedures outlint3d in the Water Code. The groundwater right,
whether overlying or appropriative, is real property and thus an action can be commenced to quiet title to this property. Management of the groundwater basin is generally undertaken by a court-appointed watecmaster with powers similar to those of a management distCiCt, after the adjudication of substantially all of the rights to extract groundwater in the management area, Once a groundwater basin is adjudicated, the trial court has the power to reserve continuing jurisdiction to modify or change its orders for the purpose of irnplementinq declaratory decrees.
Groundwater adjudications can create water rights certainty, accommodate internal water rights transfers and compel recalcitrant water producers to participate in the
groundwater management process. If pumpers continue to ignore a worsening overdzaft problem, the judge will take the matter into his or her hands and “solve” the problem. However, there are many difficul-:ies associated with adjudication of groundwater basins. The process is very time consuming in determining which parties are to be included in the action. Hydrological studies provide information needed to deEine the area to be adjudicated, but there is no way to prevent persons within the defined area who wish to be excluded, or persons outside of the area who wish to be include, from litigating their status.
Another l?roblem is identification of parties within the geographic boundaries selected. Records listing names of pumpers are rarely complete and quickly become obsolete as property changes ..lands. Inadequate records, plus factors such as joint ownershi.:, of property, make identification and service . of parties difficilt. When combined with the sheer number of parties involved in an adjudication (some cases have involved over 1,000 parties), adjudication becomes even more difficult. Finally, the cost involved with basin adjudication, i.e., experts on hydrohgy, economics, legal representation of individual interests, may be entirely prohibitive.
have involved a stipulated judgment worked out among the parties. The stiaulated judgment commonly incorporates a “physical solution” or a plan to overcome overdraft. A consensus is developed under the threat of cost, time and potential loss of water rights under the strict priority system of adjudication. These threats also serve as a motive for a legislative approsch to groundwater management.
Most modsrn comprehensive groundwater adjudications
Copyright 1994 Kevin J. Neese
-2-
07/18/94 12:04 e805 564 6525, BATCH AND PARENT
To carry out its purpose of replenishing groundwater, the district may buy, sell an8 exchange Water, and distribute it to persons in Irxchange for their ceasing or reducing groundwater extractions. The district may spread, sink and inject water unde-:ground. store, transport, recapture, reclaim, purify, ttsat and otherwise manage and control water for the beneficial use of persons or property within the district, and build the necessa:y works to achieve groundwater replenishment. Water Code, 8 60221.)
Evety yeiir the board of directors must conduct an engineering survel of groundwater supplies in the district and determine the chaiige during the year, in groundwater levels. The board makes an estimate of the annual overdraft, accumulated overdraft and other relevant matters. (Water Code, S 60300.) The bo,trd then determines the water replenishment
needs of the dist:rict and may raise funds for this purpose by making a water chdrge, a general assessment, a replenishment assessment or a combination of such charges or assessments. (Water Code, S 60:105.)
A repleniishment district may take any action Uts ide the district, provided that the board finds the action is reasonably necessary to protect the groundwater supplies within the district and ‘:here is a direct, material relationship between the groundwater supply where the action is to be taken and the groundwatt?r supply within the district. (Water Code, 5 60225. )
D. SPEJ’m ACT LEGISLATIOU
Special ilCt groundwater management agencies are formed by action of the .egislature. Generally, these agencies are governed by a boa::d of directors consisting of five to seven members. The seltzction method for board members varies widely. In most cases, the board of directors is appointed or is composed of a combination of appointed and elected members.
Special iict agencies are generally empowered to conduct groundwater studies and perform groundwater management
by regulation of hoth extractions and beneficial uses of
extracted water. Usually, these agencies can also perform groundwater replenishment activities and can finance these activities throuqh an assessment for extraction or replenishment, or through a benefit assessment or a standby charge.
Copyright 1994 Kevin Z. Neese
-4-
0?/10/@4 12:Ob e0U5 584 6520 HATCH .IND P.4R€hT
The powers and organization of a special act agency are typically customized for the individual political and technical charactaristice of that area, and thus each agency differ8 from the other in many respects. There are nine special groundwatr!r management districts in California which include Honey Lake1 Valley Groundwater Management District
(Water Code Appendix, 5s 129-101 et Seq.), Long Valley Groundwater Managoment District (Water Code Appendix, SS 119-101 et seq.), Sierra Valley Groundwater Management District (Water Code Appendix, 5s 119-101 et seq.), Mono County Tri-Valley Groundwater Management District (Water Code Appendix, 59 128-1. et seq.), Mendocino City Community Services
District (Water Code, 59: 10700 et saq.), Pajaro Valley Water Management Agency (Water Code Appendix, ss 124-1 et seq.), Ojai Basin Groundwater Management Agency (Water Code Appendix, ss 131-101 et seq.), Fox Canyon Groundwater Management Agency (water Code Appenclir, SS 121-102 et seq.), Orange County water District (Water Code Appendix, ss 40-1 et seq.), Monterey Peninsula Water Miinagement District (Water Code Appendix, SS
118-1 et seq.), Sirnta Clara Valley Water District (Water Code Appendix, 5s 60-1 et seq.), and Willow Creek Valley Groundwater
Management District (Water Code Appendix, s$ 135-101 et seq.).
E. GROIrroDWATER MANAGEKE IUT ACT
The Groundwater Management Act (Water Code, ss 10750 et seq.)(commonly referred to as *AB 3030"), authored by California State Assembly Member Jim Costa, was signed into law on September 26, ::992 and became effective January 1, 1993. AB 3030 was designed to provide local public agencies increased
management author::ty over groundwster resources. The legislation applies to all groundwater basins identified in the Department of Water Resources Bulletin 118-80, except for those basins already suhject to groundwater management by a local agency or a waterriastet pursuant to another law, or by court order such as an adjudication or physical solution, unless those particular dgencies agree to the adoption of the plan,
or a portion of its service area and whose area includes all or a portion of a groundwater basin may adopt a groundwater management plan. The statutory definition of "local agency" is expressly limited to "public" agencies and this would exclude mutual water compitnies and investor utilities. However, under AB 1152, the "cleiinup" legislation to AB 3030, the definition of "local agency" will include a joint powers authority formed
by local agencies which provide water service. Again, private entities such as nutual water companies and investor utilities do not qualify for joint power agency participation. A separate agreement would be required for the private entities
Any loca:. agency which provides water service to all
Copyright 1994 Kevin J. Neese -5-
to participate. In basins which are not critically overdrafted, AB 3030 prohibits management of groundwater within the service area of a water corporation regulated by the Public Utilities Commission or a mutual water company without the agreement of the other entity. (Water Code, § 10750.7.)
A groundwater management Plan under AB 3030 may include such items a6 control of saline water intrusion, regulation of migration of contaminated groundwater, mitigation
of overdraft conditions, groundwater level and storage monitoring and replenishment of groundwater extracted by water producers. (Water Code, 5 10753.7.) For purposes of a groundwater management plan under AB 3030, a local agency may also exercise the powers of a water replenishment district,
(Water Code, 10754,) AB 3030, however, does not authorize a local agency to make a binding determination of the water rights of any person or entity. (Water Code, 8 10753.8(b).) An agency that adapts a groundwater management plan may impose equitable fees and assessments for groundwater management based upon the amount of groundwater extracted from the groundwater basin within the area included in the plan. (Water Code,
10754.2.) However, any program which will result in the levy of assessments must be approved by an election of a majority of
the lots within t,ie identified zone.
Prior to developing a proposed groundwater management program, the local agency must conduct an initial public hearing regarding the intent to draft a groundwater management plan. (Water Code, 10753.2.) The groundwater management plan must be prepared within two years of the date of the adoption of the rctsolution of intention to draft a groundwater management plan. (Water Code, s 10753.4.) After the plan is prepared, the lociil agency shall hold a second public hearing to determine whether to adopt the plan. (Water Code, 5 10753.5.)
1417k
Copyright 1994 Kevin J. Neese -6-
AB 3030
'XWE GROUNDWAFER MANAGEMENT ACrr
GROUND WATER MANAGEMENT PLAN ELEMENTS
AB 3030, the Ground Water Management Act, authored by California State
Assemblyman Jim Costa @-Fresno) and signed into law in 1992, lists 12 components that -my be included in a ground water managcaner* $an. Each componmt would play
some role LO evaluating or operathg a ground water basin SO that ground water can be
managed to maxim& the total water supply wMe protecting ground water quality.
Department of Water Resources' Bulletin 118-80 (pg. 9) defines ground water basin management as including planned use of the ground water basin yield, storage space, transmission capability, and water in storage. Ground water basin management includes:
(1) protection of natural recharge and use of intentional recharge;
(2) planned variation in amount and location of pumping over time;
(3) use of ground water storage conjunctively with surface water from local and imported sources; and,
(4) protection and planned maintenance of ground water quality.
The 12 components listed in Section 10753.7 of the Ground Water'Management Act (AB
3030) form a basic Est of data collection and operation of facilities that may be undertaken by an agency operating under this act.
Data collection will provide information to evaluate the water resources in the basin
within the boundaries of the district. The construction of facilities will allow operation of the basin to protect ground water quality and to maximize the water supply by means of recharge of surface water and extraction of ground water at appropriate times Iocations.
.
Specific comments about each of the 12 items listed in Section 10753.7 are included h the discussion that follows. For specific information about any issue, contact the Association of California Water Agencies, the California State Water Resources Control
Board, the U.S. Environmental Protection Agency, or the California Department of Water Resources. Names and telephone numbers of appropriate experts are listed at the end of each discussion.
.
10753.7 A groundwater management plan may include camponents
relating to all of the following:
The control of saline water intrusion.
Identification and management of wellhead protection areas and
recharge areas.
Regulation of the migration of contaminated groundwater.
The administration of a well abandonment and well destruction program.
Mitigation of conditions of overdraft.
Replenishment of groundwater extracted by water producers.
Monitoring of groundwater levels and storage.
Facilitating conjunctive use operations.
Identification of well construction policies.
The construction and operation by the local agency of groundwater
contamination cleanup, recharge, storage, consemtion, water recycling, and extraction projects.
The development of relationships with state and federal regulatory agencies.
The review of land use plans and coordination with land use planning
agencies to assess activities which create a reasonable risk of groundwater contamination.
AB 3030 Sec. 10753.7 (a)
The Control of Saline Water Intrusion
jaline \ +:s can slowly dzgrade a ground water basin and ultimately rexk. str or part of a basin unusable. Several sources can contribute to increased salinity in ground water.
In addition to sea water intrusion, saline degradation of ground water can be caused by use and re-use of the water supply; lateral or upward migration of saline water;
downward seepage of sewage and industrial wastes; downward seepage of mineralized surface water from streams, lakes, and lagoons; and interzonal or interaquifer migration
of saline water (see attached figure).
1. crew in salt content d issolved from earth materi& . Salts present in soil, sediment and rocks are dissolved by water that flows through
those materials, increasing the salt content of that ground water.
Control: This is a natural process and can not be prevented.
2 teral or ward mieat ion of saline watef: High quality ground water in an aquifer can be degraded if a ground water gradient is created that induces lower quality water to flow either laterally or
vertically into the aquifer. This can occur through natural or manmade pathways. In some areas this may ocm naturally when confining layers in the aquifer system are deposited in discontinuous lenses. The most common manmade pathway is a
well. If wells are not built according to adequate standards, the ground water gradient may induce movement of lower quality water to flow into an aquifer with
high quality water.
.
Control: When the problem is naturaIly occurring, the method of control is to change the
gradient so that the lower quality water does not flow into the aquifer containing high quality water. This can be accomplished by reduction of extraction from the aquifer, recharging the aquifer with good quality water, or by importing surface
water to use in lieu of ground water. When the problem is caused by wells, enforcement of -adequate well standards in well construction, renovation, and
destruction can prevent such interzonal movement of lower quality ground water. Every ground water dagement plan should include provisions to ensure that wells in the basin do not become conduits for contamination of the aquifer.
.
3. ownward seepape of se was *c *w :
Sewage, agricultural and industrial waste that is disposed of indiscriminately will seep downward and eventually enter the aquifer and contaminate the ground
water. By law such discharges must be permitted by the Regional Water Quality Control Boards under waste discharge permits. Discharges that occurred in the
past, however, are revealing themselves today.
Control: The first step in control is to be sure that such discharges are no longer taking
place. Such steps include more rigorous enforcement of waste discharge pennits on all industrial and agricultural operations, and a better understanding of the relationship between land use, discharge of pollutants, and ground water
contamination.
- 4. ownward seeuape of mneralmd surface warn
Mineralized surface water from streams, lakes and lagoons can enter the aq4ifer
and contaminate ground water.
Control: *
If the mineralization is human-caused, better discharge control should be implemented. If the mineralization is natural, management options may include
treatment, diversion, or replacement of the water.
5. Sea water msioz Sea water intrudes inland into coastal aquifers when the head in the aquifer is
reduced by ground water extraction inland (up-gradient) of the coas:.
Control: Three methods are available to control sea water intrusion. First, extraction of ground water up gradient can be reduced. In California, where the population is
continuously increasing, this has proven to be unworkable. Second (and most
common), a-sea water intrusion barrier can be built that injects water into the
aquifer. The barrier consists of fresh water at a higher head than the sea water so that the sea water can not flow inland into the aquifer. Some of the fresh water
injected into the barrier flows seaward while some of the injected water flows
inland and may be extracted by wells that are perforated in the aquifer. Third, a
sea water intrusion barrier can be built that extracts water along the coast which lowers the ground water levels along the coast below sea level and below the level
of nearby fresh ground water. ’ Tbe mix of fresh water and sea water is then pumped back to the ocean.
.
.
For more information on this topic, please contact:
State Department of Water Resources
Carl Hauge 916/327-8861
INDUSTRY
I
SCHEMATIC SECTION ACROSS AN ALLUVIUM-FILLED GROUND WATER BASIN UNDERLAIN
AND FLANKED BY LESS PERMEABLE SEDIMENTS OF MARINE ORIGIN
LEGEND
ALLUVIUM
CLAY 6 DIRECTION OF m GROUND WATER / MOVEMENT SHALE
Key to lltustrotion
1 Degrodotion of Ground Wowr through Use ond Rc-use
Example: Irrigation water applied to crops h increased in salinity through evoporotion. The scepcge. unronsumrd by vegetation. re.
turns to the ground woter end h further dcgroded en route by leaching salts from the soil.
2 Dtgrodatlon of Ground Woter Through Loterol or Upword MZgrotfon of Saline Woters
kompl.: The mnd strata illurtrabd were deposited in the ocean and wero subsequently elevated to their present positions. Sea water
contained within theu sedimenta since their deposition migrate$ to the otluvium under influence of the hydraulic gradient created by
pumping of the wells. Prior to erploitaCon of ground water sucb migration wos generolly negligiblr. .
. 3 Degrmddion of Ground Woter Through Downword Seepose of Sewoge ond lndudriol Wastes
tralapb: %wag. ond industrial work wrping from cesspools or prrmooble SUmpJ ultimately migrates to the ground woter ~uppb.
4 Dewodorion throqh Downword Seepope of Mineralized Swrfoce Waters From Streomr. lokrs and Logoons
Lsonpk: Minerolixed surface water migrota to the ground water ~~ppb.
5 Degrmdotton Through Inteaonof MigrotZon of Soline Woters
Example: Dograded woter within the uppw wtcr-b.oring gong enters the lower productive woter-bearing Bone through an opening
h the Joy her thot ceporohr the two xona or through detective, impropwly conrtructod or obandond wrlls.
~ ~~
SCHEMATIC DIAGRAM SHOWING SOURCES OF INCREASED GROUND WATER
SALINITY FROM CAUSES OTHER THAN SEA-WATER INTRUSION
DEPARTMENT OF WATER RESOURCES
AB 3030 Sec. 10753.7 (b)
Ideniification and Management of M’ellihead Protection Areas
and Recharge Areas
‘ihe federal Wellhead Protection Program was established by Section 1428 of the Safe Drinking Water Act Amendments of 1986. The purpose of the program is to protect
ground water sources of public drinking water supplies from contamination, thereby eliminating the need for costly treatment to meet drinking water standards. The program is based on ?he mncept that the development and a7plication af land-use controls (usually applied at the local level in California) and ather preventative measures
can protect &“crund water.
A Wellbead Protection Area (WHPA), as defined by the 1986 Amendments is, ‘the
surface and subsurface area surrounding a water well or wellfield supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or wellfield“. The WHPA may also be the recharge area that
provides the water to a well or wellfield. Unlike surface watersheds that can be easily determined from topography, WHPAs can vary in size and shape depending on geology, - pumping rates, and well construction. There are several different methods which can be
used to delineate the lateral boundaries of a WHPA These include simple fixed radius techniques, analytical equations, numerical modeling, and geologic mapping.
Under the Act, states are required to develop an EPA-approved Wellhead Protection Program. To date, California has no formal state-mandated program, but instead relies on local agencies to plan and implement programs. For this reason, AB 3030 was
enacted. A number of local governments, including Santa Clara Valley Water District,
Descanso Community Water District, West San Bernardino County Water District, and Monterey County Water Management District, are in various stages of developing local ground water management programs that include WHPAs. Wellhead Protection
Programs are not regulatory by nature, nor do they address specific sources. They are
designed to focus on the management of the resource rather than control a limited set of activities or contamination sources.
A complete Wellhead Protection Program should consist of seven elements:
1. Form a committee of participants and determine the roles of various state agencies, local governments, and public water suppliers. The committees should
prepare a summary and purpose describing how the WHP goal will be achieved;
2. Delineation of Wellhead Protection Areas (WHPAS) based on reasonably available hydrogeologic information on ground water flow, recharge and discharge,
and other information deemed necessary to adequately determine the wellhead protection area;
3. Identification of potential sources of contaminants within each WHPA. Current, past, and future land uses should be considered when developins the contamination source inventory,
I
.-
4. Devdr;peni .i .nanagemeni apprc-Aches tG jjmtect the grcd.-2 wiiter from contamnants, includiiip technical assist awe, financial assistance, implementation
of control measures, education, training, and demonstration projects;
5. Development of a contingency plan to provide alternate drinking water supplies
in case a well or wellfield becomes contaminated;
6. Development of a plan to prevent new well drilling from contaminating or spreading the contamination of ground water; and,
. 7. Development of a public partidpation program so that local citizens can be
.. -
involved throughout the planning process.
For more infohation on this topic, please contact: State Department of Water Resources
For California ground water information, call: Carl Hauge at 916/327-8861
Exid U.S. Environmental Protection Agency For specific WHP information, call:
Sunny Kuegle at 415/744-1830 or
Susan Whichard at 415/744-1924
To obtain a listing of WHP documents, call 800/ 426-4791.
For California ground watex information, call:
Tony Lewis at 415/744-1913 or
Susan Whichard at 415/744-1924
U.S. Geological Survey, Water Resources Divisi For California ground water information. n, Sacramen
I
AB 3030 Sec. 10753.7 (c)
Regulating Contaminant Migration In Ground Water
Ground water contamination originates from a number of sources or activities, such as leaking tanks discharging petroleum products or solvents, or the application of pesticides and fertilizers. Effective control and clean-up of contaminated ground water requires a coordinated effort between all regulatory agencies involved, source control,
understanding of the hydrogeology, and delineation of the contamination.
Agencies with a role to play in mitigating ground water contamination generally include the Reghal Water Quality Control Board (Regional Water Board), Department of
Toxic Substances Control, U.S. Enx.iii.onmental Protection Agency, and ;ij 2-v the ground water management agency (GMA). Each agency has a unique set of regulatory
authorities and expertise to contribute. The degree to which they participate depends on
the nature and magnitude of the problem. What ever role the GMA decides to play, it should insure- its actions are in concert with those of the other involved agencies.
Typically, source control is the identification of current and past users of hazardous
materials, and verification of the proper storage and disposal of these materials. In many cases the Regional Water Board conducts this activity. 16 during the verification process, evidence of any uncontrolled discharge or spill of these materials is found, then
the Regional Water Board can order investigation of the extent of contamination and its subsequent cleanup. Usually, these activities are conducted on a site basis and generally
do not consider regional identification and control of contamination. The GMA should remain in close contact with the Regional Water Board during the source investigations and site cleanups.
In the event that the source(s) of contamination is not found, the GMA can have a. role
in finding, containing, and removing the contamination, usually on a regional scale.
Controlling the migration of contamination requires an understanding of the hydrogeology of the basin and delineating the lateral and vertical extent of the
contaminant plume(s). Technical information for many basins is available from a number of sources such as the United States Geological Survey and Department of
Water Resources. The most common'tool for delineating the boundaries of a plume is the monitoring well. Monitoring wells can tap one aquifer or many, depending on the
design and need. Very often, monitoring wells used for contaminant control are made part of a larger data collection effort for the GMA (for example, a series of wells to monitor water levels throughout the basin).
Once the location of contamination is verified, the GMA can choose to monitor its migration, contain it from moving further into clean aquifers, or remove it from the
aquifer. Containment is often an interim step to protect downgradient aquifers and drinking water supplies and/or to provide time to complete investigations and construct a more comprehensive long-term treatment system.
. *:
Complete remmd of s.1~~ ;ontaminants, such ;45 soivez J and nitraxs. is often difficult,
if not impossible. The level of effort undertaken by the GMA to deal with the
contamination depends on several factors, including available funds, nsk to drinking
water supplies and public health, the extent and concentration of contamination, the ability to use the ground water that is removed and treated, and state and federally
mandated clean-up levels.
For mom information on this topic, please contact: IzfQrGp1 ..
San Gabriel Basin Water Quality Authority Jim Goodrich 818/859-7777
State Regional Water Quality Control Board for your area.
Department of Toxic Substances Control District Office for your area.
Federar US. Environmental Protection Agency, Region 9
i
AB 3030 Sec 10753.7 (e)
Mitigation Of GroundwaEer averdraft
Uncontrdicd overdraft, long-term depletion of storage or goundwate.; mining in a
ground water basin can cause several problems, including subsidence, degradation of ground water quality, and increased cost in pumping. In addition, if the storage in a ground water basin is depleted and not replaced naturally or by an artificial recharge
program, this source of supply cannot be counted upon when surface water sources are timitea as in a prolonged drought. A Ground Water Management Plan under AB 3030 would provide a tool to assist in developing methods to control and manage ground
water overdraft. .
Mitigation of graad water overdraft ean occur through the cessation or regulation of extractions and/or the increase of recharge to offket over extraction. This could take the form of restrictions through strict regulations of amounts extracted. Another form would
be the use of financial incentives to control the amounts extracted, Le. significant
surcharges on-quantities extracted in excess of a prescribed limit
.. Controlling ground water overdraft may be accomplished through active replenishment of
the bash Surface water may be acquired by the ground water management agency and used to recharge the bask supplies. Some enhancement of natural replenishment may be appropriate, or a more intensive system of spreading grounds, off-stream recharge
basins, and/or injection wells could be employed to introduce the recharge water into
the bash
Managing ground water overdraft may also be accomplished through conjunctive use.
The establishn.ent of a conjunctive use program would use surface water to recharge the
basin in times of surplus, and rely more on ground water pumping in times of shortage of
surface water. The use of surface water "in-lieu" of ground water, and the ability to
extract ground water to replace lhited or depleted surface water supplies, necessitates redundant systems and a certain investment in incrastructure to maximize the efficiency of this type of program.
I
For more information on this topic, please contact: Local Orange County Water District William R. Mills Jr. 714/378-3200
State Department of Water Resources Carl Hauge 9 16/327-8861
AB 3030 Sec. 10753.7 (a)
The Administration Of A Well Abandonment
And We11 Destruction PrOgr*:jTi
All wells should be properly destroyed or decommissioned if they are not to be used in the future, Wells that are abandoned or improperly destroyed can pollute ground water
to the point where it is unusable or requires expensive treatment. There are three general means by which this occurs: 1) pollutants enter the well from the surface, 2) the
well establishes verticd communication and allows poor quality ground water and pollutants to move from one aquifer to another, and (3) the well is used for illegal waste
disposal . Ground water contamination is not the only threat to public health due to abandoned wells. These wells also pose a serious physical hazard to humans and
animals. A survey of wells in Fresno County found about 10% of abandoned wells were not properly destroyed
Property owners or lessees who do not properly destroy an abandoned wei on their land may be guilty of a misdemeanor (under Section 24400 of the Health and Safety Code). Wells do not have to be destroyed if future use is anticipated, but they must be properly capped and maintained, as specified in the Code. Criminal penalties do not apply unless the well presents a public health hazard or a probable preferential pathway for the
movement of pollutants, contaminants, or poor quality water. In any case, the owner can be assessed clean-up costs if the well causes a ground water contamination problem.
Sections 13700 through 13806 of the California Water Code require proper destruction of wells. Minimum standards for the destruction of wells are specified in Department of Water Resources Bulletins 74-81 and 74-90. These standards apply to all water wells,
cathodic protection wells, and monitoring wells. The only significant exception is oil, gas,
and geothermal wells, which are regulated by the Department of Conservation. If a local agency does not have its own well standards ordinance, it must enforce the State's Model
Well Ordinance (State Water Resources Control Board Resolution No. 89-98). Local agency requirements may exceed State standards.
For more information on this topic, please contactt State State Water Resources Control Board Dr. John Sarna 916/657-0901
For copies'of DWR Bulletins call 916/653-1097.
AB 3030 Sec 10753.7 (8)
Monitoring ;3f Ground Water Levels And Storage
The purpose of a gsund water level monitoring program is to p~uvide infomation that
will allow computation of the change of ground water in storage. The information needed includes spring and fall ground water levels, the hydraulic properties of the aquifer(s) (such as permeability and specific yield), and the land area covered by the
bash
An adequate monitoring well network includes wells that are representative of the
vertical and lateral dimensions of the aquifer(s). Establishing the network of monitoring
we& requires that each weli be designed to tap individual aquifers in the basin.
Data collected &om each monitoring well should be entered into a computer data base. These data can then be used to create hydrographs, ground water elevauon contour maps, and ground water change contour maps that will provide the tools to evaluate
ground water levels and determine changes in ground water in storage.
' - While AB 3030 does not mention monitoring of ground water quality, monitoring for water quality should be included in any ground water management plan. Water quality
and water quantity can not be separated. Changes in ground water quality can only be detected by comparison with earlier ground water quality data
For mom information on this topic, please call: State Department of Water Resources
Carl Hauge 916/327-8861.
AB 3030 Set, 10753.7 (f)
T~c ~zpleolshment of ground water extracted by producers is an hqmrtant rnamg.:ciient technique of a ground water agency because it can increase the yield of the bixin.
Replenishment of ground water can be achieved through recharge of either natural water
supplies or water acquired from outside the basin by the ground water management agency. Maxhizing the use of naturally occurring supplies can be accomplished through effective management of those resources. A ground water management agency may develop facilities to retain rainfall and runoff, and to capture surplus flows in natural
streams or rivers, in order to have supplies to replenish the ground water basin.
An assessment of local geology is neceq to determine the areas or sites where surface
water may be most efficiently percolated into the ground water basin. A careful examination should be performed of surplus quarry sites or abandoned ex&vations,
which may have the requisite geologic characteristics and provide for a minimal cost opportunity for establishing recharge facilities.
-
.A ground water management agency may also acquire water supplies, through purchase or diversion, to replenish a ground water basin. This method may require the securing of water rights to a supply. If the ground water management agency is unable to use naturally occurring stream beds for the delivery of surface water, the construction of
facilities, such as canals or pipelines, may be necessary to deliver the water to other
facilities used to replenish the basin.
Replenishment of a ground water basin may be in the following ways: 1) through
natural percolation of surface water through the soil to the basin, 2) the delivery of surface water to spreading grounds or basins which are maintained to allow maximum
percolation into the ground water; or 3) through injection of surface water into the ground water basin through injection wells.
The ground water management agency may have the need for funds to purchase surface water, construct facilities to deliver swface water, or purchase, construct or maintain
replehhment facilities. A Replenishment Assessment (RA) is often levied by ground
water management agendes to fund the purchase of replenishment water and to finance facilities for replenishment. A tiered assessment may be cqnsidered in which a lower RA
. rate is used for water pumped beIow the safe yield and a higher RA rate used to offset the additional burdens on the resource caused by overdraft.
For more information on this topic, please contadt Local Orange County Water District William R. Mi& Jr. 714/3783200
State Department of Water Resources
Carl Hauge 916/327-8861
Cmjmctive opesati:,us are employed in many areas of southern California, Sa J0a;j-u Valley, and Santa Clara Valley. Conjunctive operations will expand because of the need
for more water and the expense of new surface water facilities. In general, conjunctive operations promise to be less costly than traditional surface water projects, increasing the efficiency of water supply systems and causing fewer negative environmental impacts
than new surface water reservoirs.
For mom idomation on this topic, please contad: State Depariment of Water Resources
Carl Hauge 916/327-8861
..
AB 3030 Sec. 10753.7 (h)
Facilitating Conjunctive Use Operations
j!.
Conjunctive aperation of a ground water basin is dehed in DWR Bulleh 118-80 as:
"Operation of a ground water basin in coordination with a surface water reservoir system. The basin is intentionally recharged in years of above average precipitation SO ground water can be extracted in years of below average precipitation when surface water supplies are below normal."
Another way to describe conjunctive operation of a ground water basin is that the
gromd water reservoir is managed in a manner that is similar to a surface water reservoir. Such management includes reduction of storage in the reservoir when water
demand is high.
A conjunctive use program requires:
recharge facilities;
extraction facilities; and,
a source of surface water in years of high precipitation;
conveyance facilities to import or export water,
usable storage capacity in the aquifer;
distriiution facilities for surface water and ground water.
A conjunctive use program can vary from a limited program to a comprehensive, intensively managed program that coordinates surface water use and delivery, and
ground water use and extraction. A limited program makes use of surplus surface water
only when it happens to be available, whereas the comprehensive program includes
contractual commitments to purchase surface water for recharge, metered extraction, and
control of points and amounts of extraction to minimize pump lift and minimize or correct bound water quality problems. In addition, there may be many programs that
fall between the two extremes.
Conjunctive operations must also consider several potential undesirable results, including
lost phreatophyte vegetation and wetland habitat, adverse effects on third parties, land subsidence, and degradation of water quality in the aquZer.
Loss of phreatophytes may occur when ground water levels are lowered and less water is
available for wetlands. Third party effects might include lowering of ground water levels below the bottom of a well, or raising ground water levels so that local flooding occurs. Subsidence caused by extraction of ground water can damage canals, wells, buildings,
tanks, bridges, and other surface facilities that would require costly repair. Ground water quality can be degraded if ground water gradients induce movement of lower quality water into the aquifer.
AB 3030 Sec. 10753.7 0)
Conctruction and Operation of
Ground Water Management Facib ries
Effectively managing a ground water basin requires the planning and construction of projects that protect the quality of ground water and assures that the quantity of g-ound
water in storage is managed to meet long-term demands. Where conjunctive use is practiced, water distribution facilities must be planned to deliver both ground water and
surface water, depending on the hydrologic conditions in the region or state. Following
!re examples of facilities which aid in efficient management of ground water resources.
GrOU *. 23 Wat-on Clem
Contamination of ground water not only results in unusable water supply, but also poses
a hazard for ground water supplies within the same basin caused by the migration of the
contamination, In some cases, it may cause a decrease in operational storage and yield of the basin. Projects within the basin to cleanup contaminated ground water protect the entire basin from further contamination, and are aIso capable of producing water.
..
... round Water Recw Fa-
. An agency may find it necessary to acquire, establish or construct ground water recharge facilities to quickly replace ground water extracted by producers. These facilities, which
can increase the operational yield of the basin, may include: stream beds or spreachg
. grounds, percolation basins, injection wells, and surface water delivery systems.
Water Remu Prow Demand management can be achieved by the replacement of irrigation supplies with
non-potable, recycled water. Water recycling projects can relieve demands on the ground water basin by lowering the demand for ground water supplies for irrigation of
Ian.dscaping, some agriculture.and some industrial uses. Although water recycling
projects are capital and O&M intensive, they do provide a reliable source of water.
..
Prow
Conjunctive use programs deliver surface water in-lieu of ground water during surplwes,
in exchange for increased extraction of pound water during dry periods. The trade off
may result in users being asked to expand the capacity of their ground water extraction facilities. Ground water extraction projects may also be required by the shifting of
extractions from one part of the basin to another as a result of contamination, hydrologic conditions, or recharge efforts. An agency may also construct extraction projects in order
to entice the users to switch the source of their ground water.
For more information on this topic, please contact: LQd Orange County Water District
William R Mills Jr. 714/378-3200
State Department of Water Resources Carl Hauge 916/327-8861
AB 3030 Set, 10753.7 (i)
Identification Of We13 Construction Policies
Improperly constructed wells ca;l result in poor yielcis, but more importantly may rejult in contaminated ground water by establishing a pathway for pollutants entering a well for
drainage from the surface, allow communication between aquifers of varying quality, or tbe unauthorized &pod of waste into the well.
Well construction policies should be identified which ensure that well drillers comply
with local ordinances and State law. A county permit is required for drilling, deepening,
modijing, or repairing a well. Whoever performs the work must have an active C-57
Contractor's license. In most mas, an inspection is required prior to sealing the well. -.
Sections 13700 through,13806 of the California Water Code requires proper construction of wells. Minimum standards for the construction of wells are specified in Department of Water Resources Bulletins 74-81 and 74-90. These standards apply to all water wells, cathodic proiection wells, and monitoring wells. The only significant exception is oil, gas,
and geothermal wells, which are regulated by the Department of Conservation. If a local agency does not have its own well standards ordinance, it must enforce the State's Mode1
Well Ordinance (State Water Resources Control Board Resolution No. 89-98). Local agency requirements may exceed State standards.
For mom infomation on this topic, please contaa
State Water Resources Control Board Dr. John Sarna 916/657-0901
For copies of DWR Bulletins call 916/653-1097.
&State
AB 3030 Sec. 10753.7 (I)
The Review Of Lank Use Hans And Coordination
With Land Use Plaming Agencies To Assess Activities
Which Create A Reasonable Risk Of Ground Water Contamination
An important component of developing a grow-d water management plan is the review
of land use plans for the surrounding area or basin, and coordinating efforts with regional, sub-regional, and local land use planning agencies. In California, the majority
of land use decisions are made by city and county government agencies. Undoubtedly,
land activities and how they are managed can affect both ground water quality and quantity. The tlveat that a certain land use may pose to a ground water resource is a
funAAon of the gmmd water aquifer properties, management practices associated with
the individual land use, and actual use of surrounding land (cumulative impact of all activities). As an example, hydrologic conditions may dictate that in certain areas, the
aquifer is more vulnerable to pollution. This may be due to the permeability of the
underlying soils and/or a shallower depth to the water table. To assure protection of ground water quality in the basin, this type of information may be taken into
consideration when making land use decisions regarding zoning.
.
Examples of common land uses with a potential to adversely impact ground water
supplies include large scale unsewered residential development, and industrial development without proper control measures or management practices. Cumulative
impacts to a basin and relative land development density should also be evaluated. The
use of shallow drainage wells to dispose of surface run off from streets, highways, parking lots, and agricultural areas, if determined to be of concern for the area, can also be
addressed in the management plan. In this instance, the risk of a major roadway accident or spill, or the potential for the well being used as an illegal disposal site for
hazardous substances, could be factored into the planning process.
.
.
A key aspect of ground water management is maintaining quantity or supply. Land use
planning decisions that lead to covering up large portions of land with impervious surfaces can increase storm water runoff. This can lead to excessive down cutting and
erosion in stream channels and flooding in the lower part of the watershed. The amount
decisions such as m-aintaining green space in areas of high recharge and encouraging the
use of pervious materials will have a net benefit to the ground water basin.
. of natural recharge to the ground water basin can be significantly reduced. hd use
The process of developing a ground water management plan can allow for information exchange between several parties, including agricultural and industrial water users,
citizens, and resource, regulatory and planning agencies. The ground water management plan ultimately assists local planners, and local planners assist in the process of
developing a comprehensive plan which can be realistically implemented resulting in effective protection and management of the ground water resource.
For more information on this topic, please contam
State San Francisco Bay Regional Water Quality Control Board
Dyan Whyte 510/286-1324
.
AB 3030 Sec. 10753.7 (k)
The Development of Relationships With
State and Federa! Regulatory Agencies
The formation of a ground water management district involves the development of relationships and communication strategies With a variety of state and federal regulatory agencies. Working effectively with each of these agencies requires a local ground water management district to understand the role of these players in regulating and managing
ground water resources.
Ground water planning, as defined in AB 3030, is a state led activity. The State Water
Resources Control Board (State Water Board), as the lead state water agency responsiilz for maintaining water quality standards, pJlsvides the framework and diredon for California’s ground water protection efforts. Through its Regional Water
Quality Control Boards, the State Water Board initiates state-wide planning and protection programs. Local comxnunities should consider work with the State Water
Board and Regional Boards in actually designing and implementing their ground water protection programs.
National policy direction and consistency in ground water protection efforts is provided
by the Environmental Protection Agency (EPA). EPA provides both national guidance
in state-led comprehensive ground water protection plans and a portion of the resources needed to carry out those planning efforts. While states are provided the flexibility to
design programs that make sense on a regional and local basis, EPA guidelines ensure that all ground water protection plans and programs are preventive in nature,
comprehensive in scope and consistent in maintaining a high level of protection across the MtiOII.
For more! information on these agencies and their roles and responsibilities, please contaa state State Water Resources Control Board ‘Ken Harris 916/657-0876
Federal US. Environmental Protection Agency Tony Lewis 415/744-1913
ACKNOWUDGEMENTS
--
Contniuu to t his reDort were the followinP individm:
William R Mills Jr. Orange County Water District
Saq Gabriel Basin Water Quality Authority James Goodrich -
Dyan Whyte
Carl Hauge
Ken Harris
Sari Francisco Bay Regional Water Quality Control Board
Department of Water Resources, State of California
State Water Resources Control Board, State of California
State Water Resources Control Board, State of California
U.S. Environmental Protection Agency, Region 9
'-.
Dr. John Sarna
Doris Betuel
Tony Lewis U.S. Environmental Protection Agency, Region 9
Susan Whichard U.S. Environmental Protection Agency, Region 9
Mark Lqes Orange County Water District
Da& Wisehart Association of California Water Agencies
Printed at Orange County Water District: Apd l993
1) Local Agency holds noticed public hearing on Resolution of Intention to
draft a Groundwater Management Plan.
2) After hearing, local Agency drafts Resolution of Intention to adopt a
Groundwater Management Plan.
3) Publish Resolution of Intention.
4) Prepare a draft Groundwater Management Plan (within ntro years).
9- -.
5) . After draft Groundwater Management Plan is completed, Local Agency holds second noticed public hearing.
6) Land owners affected by Plan may file protests to the Plan.
7) If majority protest occurs (representing more than 50% of assessed
valuation), the Groundwater Management Plan shall
Otherwise, Plan may be adopted.
be adopted.
8)
9) A Local Agency may fix and collect fees and assessments for groundwater management costs associated with the implementation of
. the Groundwater Management Plan, if such authority is approved by a
majority of votes cast in a popular election. i