Implementation of the Sustainable Groundwater Management Act (SGMA) Salinas Valley,

Transcription

1 Implementation of the Sustainable Groundwater Management Act (SGMA) Salinas Valley, Stephanie Hastings UC Cooperative Extension, Salinas February 17,

2 Regulation of Water Use in California 1913 Water Commission Act Comprehensive regulation of surface water (including water flowing underground in known and defined streams) 2014 Sustainable Groundwater Management Act Comprehensive regulation of groundwater Applies to all groundwater in the state 2015 clean up amendments 2

3 Statement of Legislative Policy and Intent It is the policy of the state that groundwater resources be managed sustainably for long term reliability and multiple economic, social, and environmental benefits for current and future beneficial uses. It is the intent of the Legislature to provide for sustainable management of groundwater basins consistent with Article X, Section 2 of the California Constitution. 3

4 California Constitution, Article X, Section 2... the general welfare requires that the water resources of the State be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of such waters is to be exercised with a view to the reasonable and beneficial use thereof in the interest of the people and for the public welfare. 4

5 The SGMA Design 5

6 Form a Groundwater Sustainability Agency 6

7 Develop a Bunch of Great Ideas to Sustainably Manage the Basin 7

8 Determine How to Pay for the Great Ideas 8

9 Write it All Up in a Groundwater Sustainability Plan and Get DWR to Approve Your Plan 9

10 Salinas Valley Groundwater Basins Salinas Valley Basin: /400 Foot 2. East Side 3. Forebay 4. Upper Valley 5. Paso Robles~ 6. Seaside* 7. Langley 8. Corral de Tierra 10

11 Near Term Deadlines: March 31, 2016: Apply for modification of DWR Basin Boundaries June 1, 2016: DWR adopts regulations for evaluating adequacy of GSA coordination agreements and GSP January 1, 2017: DWR publishes groundwater sustainability best management practices June 30, 2017: Establish GSAs After July 1, 2017: SWRCB designates basins as probationary where GSAs have not been established After July 1, 2017: Groundwater users in probationary basins report water use to SWRCB 11

12 GSAs Will Have Expansive Authority Adopt rules, regulations, ordinances, resolutions Conduct investigations of water rights Require well registration Require well operators to meter and report production, including production from storage Regulate, limit or suspend groundwater production Impose administrative fees and assessments on groundwater production Undertake enforcement actions for noncompliance 12

13 But! Nothing in [the SGMA], or in any groundwater management plan adopted pursuant to [the SGMA], determines or alters surface water rights or groundwater rights under common law or any provision of law that determines or grants surface water rights. 13

14 SGMA and Water Rights Inherent conflict between the actions required to implement SGMA and California Water Rights Neither GSAs nor GSPs can determine or impair water rights Who cuts back? Who pays? How is compromise achieved? Failure to compromise: increases exposure of GSA and GSP to litigation limits defensibility of GSA decisions and effectiveness and durability of GSP 14

15 GSA: Eligible Parties Any local agency or combination of local agencies overlying a groundwater basin may elect to be a GSA for that basin. Local agency means: a local public agency that has water supply, water management, or land use responsibilities within a groundwater basin. A water corporation regulated by the CPUC or a mutual water company may participate in a GSA by contract. Salinas Valley Basin: Several cities, 2 counties, several water districts and regulated utilities and numerous mutual water companies 15

16 GSA: Not Eligible Parties Stakeholders not eligible to be GSAs: Agricultural interests and other private parties landowners and lessees Federal agencies DOD, BOR, NMFS, etc. State agencies SWRCB, RWQCB, etc. Environmental uses and users Court/Watermasters (adjudicated basins) 16

17 GSA: Election Process Single or multiple GSAs Election: 1 or more local agencies individually/separately elect to be GSA(s) Provide notice Hold a hearing Notify DWR Effective, 90 days following DWR posting of notice, unless another eligible entity also notifies DWR Local agencies must work it out no dispute resolution provisions 17

18 GSA: Legal Instruments Single GSA Existing local agency elects to be GSA New local agency is formed: Joint Powers Authority formation 2 or more local public agencies combine to form a single GSA Special district created Paso Robles Example (AB No. 2453) Local agency change of boundaries and election to be GSA Requires approval of LAFCO 18

19 GSA: Legal Instruments Multiple GSAs Multiple eligible local agencies elect to be separate GSAs Memorandum of Agreement or other cooperation agreement Local agency change of boundaries Requires approval of LAFCO Hybrid Single entity GSA (a JPA) linked by cooperation agreements with multiple GSAs 19

20 Agricultural Interests Must Be Considered During GSA Formation: Before electing to be a [GSA] the local agency[ies] shall hold a public hearing A list of interested parties [shall be] developed [along with] an explanation of how their interests will be considered Throughout SGMA Implementation: GSAs shall consider the interests of all beneficial uses and users of groundwater... including... holders of overlying groundwater rights, including: Agricultural users.... GSAs shall encourage the active involvement of diverse social, cultural, and economic elements of the population within the groundwater basin 20

21 Process Toward Compromise Outreach and Early Collaboration Outreach, education, discussion, input Facilitators, workshops, steering/advisory committee, collaborative technical group Organizing diverse interests Inclusive governance 21

22 Representation of Agriculture: 1. In election/formation of GSA(s) 2. In/on GSA(s) 3. In SGMA implementation (exercise of the GSA s powers) and GSP development and implementation 22

23 Representation of Agriculture: Formation/Election of GSA(s) Organization of stakeholder groups Existing entities, groups and associations Formation of new entities, groups and associations Active participation in facilitated process(es) i.e., Consensus Building Institute collaborative process Stakeholder Forum Collaborative Work Group (representatives of agricultural trade associations) 23

24 Official/Formal: Representation of Agriculture: GSA and SGMA Implementation Member of GSA i.e., contracting member of a JPA Form a new public agency (general or special act legislation) Form a mutual water company Appointed member of GSA (voting rights) Associate member of GSA (non voting rights) External advisory group or committee Contractual arrangement 24

25 Representation of Agriculture: GSA and SGMA Implementation Unofficial/Informal: Incorporated stakeholder entities mutual benefit corporation Unincorporated stakeholder groups or associations Individual stakeholders any other entity not a member of the GSA or not having a contractual relationship with the GSA 25

26 Thank You Stephanie Hastings (805)