Welcome to the Coleman & Horowitt, LLP Agricultural and Environmental Law Blog. In this blog, we will focus on developments in California Agricultural and Environmental Law.

Nothing in this blog should be construed as legal advice. ch-law.com is a public website, so communications are not privileged. Copyright Coleman & Horowitt, LLP Attorneys at Law (CH Law © 2017. All rights reserved.)

Wednesday, November 26, 2014

Table of Deadlines Applicable to the Sustainable Groundwater Management Act Deadlines

DEADLINES APPLICABLE TO THE SUSTAINABLE GROUNDWATER MANAGEMENT ACT*


Deadline
[Beginning]
Milestone
[Responsible Party]
Comment
[Code Section]
January 31, 2015
Categorize and prioritize basins as high, medium, low, or very Low. 
[Department of Water Resources (DWR)]
The characterization will be based on DWR Bulletin 118, or modifications to the boundaries of basins in the bulletin.
[§ 10722.4(a)]

January 1, 2016
Adopt regulations for basin boundary adjustments and accept  adjustment requests from local agencies.
[DWR]
Keep abreast of DWR activity on this issue. There will be three (3) workshops. Make sure that you or a representative can attend to ensure that you are familiar with the process to adjust basins if you intend to propose changes to the boundaries for a basin identified in bulletin 118.
[§ 10722.2(4)(b)]
April 1, 2016
Submit final judgment /order / decree and required report to DWR (report annually thereafter).
[Water-master or local agency in adjudicated area.]
The report to be submitted annually each year must provide, to the extent available, the: groundwater elevation, amount of groundwater extracted during the year, surface water supplied for recharge, total water use in the basin, changes in the amount of groundwater storage available, any annual report submitted to the court. [§ 10720.8(f)]
June 1, 2016
Adopt regulations for evaluating adequacy of Groundwater
Sustainability Plans (GSPs) and Groundwater Sustainability Agency (GSA) coordination agreements. [DWR]
Keep abreast of DWR activity on this issue. There will be three (3) workshops. Make sure that you or a representative can attend to ensure that you influence how the DWR will evaluate GSP. The regulations that DWR adopts will be considered emergency regulations and will take effect immediately.
[§ 10733.2]
December 31, 2016
Publish report estimating water available for groundwater Replenishment. [DWR]
This report will be published on DWR’s website.
[§ 10729(c)]


January 1, 2017
Publish groundwater sustainability best management practices. [DWR]

Keep abreast of DWR activity on this issue. There will be three (3) workshops. Make sure that you or a representative can attend to ensure that you can provide input on  what constitutes best management practices.
[§ 10729(d)]
June 30, 2017
Establish GSAs. 
[Local agency.]
An agency that desires to elect to be the GSA must publish notice pursuant to Government Code §6066 and hold a public hearing in the county or counties that overly a basin in advance of any election, and provide notice to DWR. [§10723(b), see also §10733.3 and §10735.2(a)(1).]
Keep abreast of agencies that are opting to be a GSA and monitor their activity. Great power will lie with those who are apart of or control a GSA.
[July 1, 2017]
Designate basins as probationary where GSAs have not been formed.
[State Water Resources Control Board (SWRCB)]
If a basin is declared probationary the SWRCB can implement its own interim GSP. The SWRCB will have the power to restrict extractions.
[§ 10735.2(1)]

[July 1, 2017]
File annual groundwater extraction report with SWRCB by December 15 each year.
[Groundwater users (Probationary Basins)]
Check with the SWRCB to ascertain the fee that must accompany your report.
[§ 5202]

January 31, 2020
Adopt GSPs and begin managing basins under GSPs. [GSA (Med/High Priority Basins in Critical Overdraft)]
[§ 10720.7(a)(1)] or alternative submittal under [§ 10733.6]
[January 31, 2020]
Designate basins as probationary where GSPs have not been
adopted in medium- and high-priority basins in critical
overdraft.
[SWRCB]
See comment to July 1, 2017.
Keep abreast of the SWRCB web page. The Board will have to post notices of its determinations 30 days prior to making a final determination and receive public comment before declaring the basin probationary.
If litigation prevents the formation of a GSA or the implementation of a GSP, then this deadline is delayed for a period of time equal to the delay caused by the litigation. [§ 10735.2(1)]
January 31, 2022
Adopt GSPs and begin managing basins under GSPs. [GSA (All other High/Med Priority Basins)]
[§ 10720.7(a)(2)]



[January 31, 2022]
Designate basins as probationary where GSPs have not been adopted in other medium- and high-priority basins.
[SWRCB]
See January 31, 2020 comment.
[§ 10735.2(1)]

[January 31, 2025]
Designate basins as probationary where GSPs are deemed inadequate or not being implemented.
[SWRCB]
See comment to July 1, 2017.
Keep abreast of the SWRCB web page. The Board will have to post notices of its determinations 30 days prior to making its final determination and receive public comment before declaring the basin probationary.
[§ 10735.2(a)(5)(B)]
[January 31, 2040]
Achieve groundwater sustainability goals. The DWR may grant two five-year extensions.
[GSA (Med/High Priority Basins in Critical Overdraft)]
The first extension is based solely on good cause. The second requires both good cause and a showing that sustainability will be reached.
[§ 10727.2(3)(A)]
[January 31, 2042]
Achieve groundwater sustainability goals. DWR may grant two
five-year extensions. [GSA (All other High/Med Priority Basins)]
See comment to January 31, 2042.
[§ 10727.2(3)(A)]

*Deadlines and milestones were obtained by reviewing the Office of Planning and Research's compilation of AB 1739, SB 1168 and SB 1319 and resources from the Association of California Water Agencies.

No comments:

Post a Comment