reglab/statecodes huggingface dataset:
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 8 - Financial Authority › Section 10730.2.

10730.2. (a) A groundwater sustainability agency that adopts a groundwater sustainability plan pursuant to this part may impose fees on the extraction of groundwater from the basin to fund costs of groundwater management, including, but not limited to, the costs of the following:
(1) Administration, operation, and maintenance, including a prudent reserve.
(2) Acquisition of lands or other property, facilities, and services.
(3) Supply, production, treatment, or distribution of water.
(4) Other activities necessary or convenient to implement the plan.
(b)  Until a groundwater sustainability plan is adopted pursuant to this part, a local agency may impose fees in accordance with the procedures provided in this section for the purposes of Part 2.75 (commencing with Section 10750) as long as a groundwater management plan adopted before January 1, 2015, is in effect.
(c) Fees imposed pursuant to this section shall be adopted in accordance with subdivisions (a) and (b) of Section 6 of Article XIII D of the California Constitution.
(d) Fees imposed pursuant to this section may include fixed fees and fees charged on a volumetric basis, including, but not limited to, fees that increase based on the quantity of groundwater produced annually, the year in which the production of groundwater commenced from a groundwater extraction facility, and impacts to the basin.
(e) The power granted by this section is in addition to any powers a groundwater sustainability agency has under any other law.
(Amended by Stats. 2015, Ch. 255, Sec. 12. (SB 13) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 8 - Financial Authority › Section 10730.4.

10730.4. A groundwater sustainability agency may fund activities pursuant to Part 2.75 (commencing with Section 10750) and may impose fees pursuant to Section 10730.2 to fund activities undertaken by the agency pursuant to Part 2.75 (commencing with Section 10750).
(Added by Stats. 2014, Ch. 347, Sec. 16. (AB 1739) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 8 - Financial Authority › Section 10730.6.

10730.6. (a) A groundwater fee levied pursuant to this chapter shall be due and payable to the groundwater sustainability agency by each owner or operator on a day established by the groundwater sustainability agency.
(b) If an owner or operator knowingly fails to pay a groundwater fee within 30 days of it becoming due, the owner or operator shall be liable to the groundwater sustainability agency for interest at the rate of 1 percent per month on the delinquent amount of the groundwater fee and a 10-percent penalty.
(c) The groundwater sustainability agency may bring a suit in the court having jurisdiction against any owner or operator of a groundwater extraction facility within the area covered by the plan for the collection of any delinquent groundwater fees, interest, or penalties imposed under this chapter. If the groundwater sustainability agency seeks an attachment against the property of any named defendant in the suit, the groundwater sustainability agency shall not be required to furnish a bond or other undertaking as provided in Title 6.5 (commencing with Section 481.010) of Part 2 of the Code of Civil Procedure.
(d) In the alternative to bringing a suit pursuant to subdivision (c), a groundwater sustainability agency may collect any delinquent groundwater charge and any civil penalties and interest on the delinquent groundwater charge pursuant to the laws applicable to the local agency or, if a joint powers authority, to the entity designated pursuant to Section 6509 of the Government Code. The collection shall be in the same manner as it would be applicable to the collection of delinquent assessments, water charges, or tolls.
(e) As an additional remedy, a groundwater sustainability agency, after a public hearing, may order an owner or operator to cease extraction of groundwater until all delinquent fees are paid. The groundwater sustainability agency shall give notice to the owner or operator by certified mail not less than 15 days in advance of the public hearing.
(f) The remedies specified in this section for collecting and enforcing fees are cumulative and may be pursued alternatively or may be used consecutively as determined by the governing body.
(Added by Stats. 2014, Ch. 347, Sec. 16. (AB 1739) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 8 - Financial Authority › Section 10730.8.

10730.8. (a) Nothing in this chapter shall affect or interfere with the authority of a groundwater sustainability agency to levy and collect taxes, assessments, charges, and tolls as otherwise provided by law.
(b)  Personal information included in a report or record pursuant to this chapter has the same protection from disclosure as is provided for information concerning utility customers of local agencies pursuant to Section 7927.410 of the Government Code.
(Amended by Stats. 2021, Ch. 615, Sec. 431. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 8 - Financial Authority › Section 10731.

10731. (a)  Following an investigation pursuant to Section 10725.4, the governing body may make a determination fixing the amount of groundwater production from the groundwater extraction facility at an amount not to exceed the maximum production capacity of the facility for purposes of levying a groundwater charge. If a water-measuring device is permanently attached to the groundwater extraction facility, the record of production as disclosed by the water-measuring device shall be presumed to be accurate unless the contrary is established by the groundwater sustainability agency after investigation.
(b) After the governing body makes a determination fixing the amount of groundwater production pursuant to subdivision (a), a written notice of the determination shall be mailed to the owner or operator of the groundwater extraction facility at the address as shown by the groundwater sustainability agency’s records. A determination made by the governing body shall be conclusive on the owner or operator and the groundwater charges, based on the determination together with any interest and penalties, shall be payable immediately unless within 20 days after the mailing of the notice the owner or operator files with the governing body a written protest setting forth the ground for protesting the amount of production or the groundwater charges, interest, and penalties. If a protest is filed pursuant to this subdivision, the governing body shall hold a hearing to determine the total amount of the groundwater production and the groundwater charges, interest, and penalties. Notice of the hearing shall be mailed to each protestant at least 20 days before the date fixed for the hearing. Notice of the determination of the governing body hearing shall be mailed to each protestant. The owner or operator shall have 20 days from the date of mailing of the determination to pay the groundwater charges, interest, and penalties determined by the governing body.
(Added by Stats. 2014, Ch. 347, Sec. 16. (AB 1739) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 9 - Groundwater Sustainability Agency Enforcement Powers › Section 10732.

10732. (a) (1) A person who extracts groundwater in excess of the amount that person is authorized to extract under a rule, regulation, ordinance, or resolution adopted pursuant to Section 10725.2, shall be subject to a civil penalty not to exceed five hundred dollars ($500) per acre-foot extracted in excess of the amount that person is authorized to extract. Liability under this subdivision is in addition to any liability imposed under paragraph (2) and any fee imposed for the extraction.
(2) A person who violates any rule, regulation, ordinance, or resolution adopted pursuant to Section 10725.2 shall be liable for a civil penalty not to exceed one thousand dollars ($1,000) plus one hundred dollars ($100) for each additional day on which the violation continues if the person fails to comply within 30 days after the local agency has notified the person of the violation.
(b) (1) A groundwater sustainability agency may bring an action in the superior court to determine whether a violation occurred and to impose a civil penalty described in subdivision (a).
(2) A groundwater sustainability agency may administratively impose a civil penalty described in subdivision (a) after providing notice and an opportunity for a hearing.
(3) In determining the amount of the penalty, the superior court or the groundwater sustainability agency shall take into consideration all relevant circumstances, including, but not limited to, the nature and persistence of the violation, the extent of the harm caused by the violation, the length of time over which the violation occurs, and any corrective action taken by the violator.
(c) A penalty imposed pursuant to this section shall be paid to the groundwater sustainability agency and shall be expended solely for purposes of this part.
(d) Penalties imposed pursuant to this section are in addition to any civil penalty or criminal fine under any other law.
(Added by Stats. 2014, Ch. 347, Sec. 17. (AB 1739) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 9 - Groundwater Sustainability Agency Enforcement Powers › Section 10732.2.

10732.2. If a groundwater sustainability agency finds that a state entity is not working cooperatively regarding implementation of a groundwater sustainability plan, the groundwater sustainability agency may file notice with the board regarding its finding. The board shall notice proceedings to investigate the finding of the groundwater sustainability agency. If the board determines that the failure of the state entity to work cooperatively regarding implementation of a groundwater sustainability plan compromises the ability of the groundwater sustainability agency to implement the plan in a manner that will likely achieve the sustainability goal, the board may direct the state entity to cooperate in the implementation of the groundwater sustainability plan unless the state entity indicates its authority for not complying with a groundwater sustainability plan in the same manner as subdivision (f) of Section 10735.8.
(Added by Stats. 2015, Ch. 666, Sec. 6. (AB 617) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 10 - State Evaluation and Assessment › Section 10733.

10733. (a) The department shall periodically review the groundwater sustainability plans developed by groundwater sustainability agencies pursuant to this part to evaluate whether a plan conforms with Sections 10727.2 and 10727.4 and is likely to achieve the sustainability goal for the basin covered by the groundwater sustainability plan.
(b) If a groundwater sustainability agency develops multiple groundwater sustainability plans for a basin, the department shall evaluate whether the plans conform with Sections 10727.2, 10727.4, and 10727.6 and are together likely to achieve the sustainability goal for the basin covered by the groundwater sustainability plans.
(c) The department shall evaluate whether a groundwater sustainability plan adversely affects the ability of an adjacent basin to implement their groundwater sustainability plan or impedes achievement of sustainability goals in an adjacent basin.
(Added by Stats. 2014, Ch. 347, Sec. 18. (AB 1739) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 10 - State Evaluation and Assessment › Section 10733.2.

10733.2. (a) (1) By June 1, 2016, the department shall adopt regulations for evaluating groundwater sustainability plans, the implementation of groundwater sustainability plans, and coordination agreements pursuant to this chapter.
(2) The regulations shall identify the necessary plan components specified in Sections 10727.2, 10727.4, and 10727.6 and other information that will assist local agencies in developing and implementing groundwater sustainability plans and coordination agreements.
(b) (1) The department may update the regulations, including to incorporate the best management practices identified pursuant to Section 10729.
(2) The regulations adopted pursuant to paragraph (1) of subdivision (a) shall identify appropriate methodologies and assumptions for baseline conditions concerning hydrology, water demand, regulatory restrictions that affect the availability of surface water, and unreliability of, or reductions in, surface water deliveries to the agency or water users in the basin, and the impact of those conditions on achieving sustainability. The baseline for measuring unreliability and reductions shall include the historic average reliability and deliveries of surface water to the agency or water users in the basin.
(c) By June 1, 2016, the department shall adopt regulations for evaluating alternatives submitted pursuant to Section 10733.6.
(d) The department shall adopt the regulations, including any amendments thereto, authorized by this section as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding the Administrative Procedure Act, emergency regulations adopted by the department pursuant to this section shall not be subject to review by the Office of Administrative Law and shall remain in effect until revised by the department.
(e) Before adopting the regulations pursuant to this section, the department shall conduct three public meetings to consider public comments. The department shall publish the draft regulations on its Internet Web site at least 30 days before the public meetings. One meeting shall be conducted at a location in northern California, one meeting shall be conducted at a location in the central valley of California, and one meeting shall be conducted at a location in southern California.
(Amended by Stats. 2015, Ch. 255, Sec. 13. (SB 13) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 10 - State Evaluation and Assessment › Section 10733.4.

10733.4. (a) Upon adoption of a groundwater sustainability plan, a groundwater sustainability agency shall submit the groundwater sustainability plan to the department for review pursuant to this chapter.
(b) If groundwater sustainability agencies develop multiple groundwater sustainability plans for a basin, the submission required by subdivision (a) shall not occur until the entire basin is covered by groundwater sustainability plans. When the entire basin is covered by groundwater sustainability plans, the groundwater sustainability agencies shall jointly submit to the department all of the following:
(1) The groundwater sustainability plans.
(2) An explanation of how the groundwater sustainability plans implemented together satisfy Sections 10727.2, 10727.4, and 10727.6 for the entire basin.
(3) A copy of the coordination agreement between the groundwater sustainability agencies to ensure the coordinated implementation of the groundwater sustainability plans for the entire basin.
(c) Upon receipt of a groundwater sustainability plan, the department shall post the plan on the department’s Internet Web site and provide 60 days for persons to submit comments to the department about the plan.
(d) The department shall evaluate the groundwater sustainability plan within two years of its submission by a groundwater sustainability agency and issue an assessment of the plan. The assessment may include recommended corrective actions to address any deficiencies identified by the department.
(e) Nothing in this section shall be construed to prohibit a groundwater sustainability agency from implementing a groundwater sustainability plan prior to evaluation and assessment of the groundwater sustainability plan by the department.
(Amended by Stats. 2015, Ch. 666, Sec. 7. (AB 617) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 10 - State Evaluation and Assessment › Section 10733.6.

10733.6. (a) If a local agency believes that an alternative described in subdivision (b) satisfies the objectives of this part, the local agency may submit the alternative to the department for evaluation and assessment of whether the alternative satisfies the objectives of this part for the basin.
(b) An alternative is any of the following:
(1) A plan developed pursuant to Part 2.75 (commencing with Section 10750) or other law authorizing groundwater management.
(2) Management pursuant to an adjudication action.
(3) An analysis of basin conditions that demonstrates that the basin has operated within its sustainable yield over a period of at least 10 years. The submission of an alternative described by this paragraph shall include a report prepared by a registered professional engineer or geologist who is licensed by the state and submitted under that engineer’s or geologist’s seal.
(c) A local agency shall submit an alternative pursuant to this section no later than January 1, 2017, and every five years thereafter.
(d) The assessment required by subdivision (a) shall include an assessment of whether the alternative is within a basin that is in compliance with Part 2.11 (commencing with Section 10920). If the alternative is within a basin that is not in compliance with Part 2.11 (commencing with Section 10920), the department shall find the alternative does not satisfy the objectives of this part.
(Added by Stats. 2014, Ch. 347, Sec. 18. (AB 1739) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 10 - State Evaluation and Assessment › Section 10733.8.

10733.8. At least every five years after initial submission of a plan pursuant to Section 10733.4, the department shall review any available groundwater sustainability plan or alternative submitted in accordance with Section 10733.6, and the implementation of the corresponding groundwater sustainability program for consistency with this part, including achieving the sustainability goal. The department shall issue an assessment for each basin for which a plan or alternative has been submitted in accordance with this chapter, with an emphasis on assessing progress in achieving the sustainability goal within the basin. The assessment may include recommended corrective actions to address any deficiencies identified by the department.
(Added by Stats. 2014, Ch. 347, Sec. 18. (AB 1739) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 11 - State Intervention › Section 10735.

10735. As used in this chapter, the following terms have the following meanings:
(a) “Condition of long-term overdraft” means the condition of a groundwater basin where the average annual amount of water extracted for a long-term period, generally 10 years or more, exceeds the long-term average annual supply of water to the basin, plus any temporary surplus. Overdraft during a period of drought is not sufficient to establish a condition of long-term overdraft if extractions and recharge are managed as necessary to ensure that reductions in groundwater levels or storage during a period of drought are offset by increases in groundwater levels or storage during other periods.
(b) “Person” means any person, firm, association, organization, partnership, business, trust, corporation, limited liability company, or public agency, including any city, county, city and county, district, joint powers authority, state, or any agency or department of those entities. “Person” includes, to the extent authorized by federal or tribal law and subject to the limitations described in subdivisions (c) and (d) of Section 10720.3, the United States, a department, agency or instrumentality of the federal government, an Indian tribe, an authorized Indian tribal organization, or interstate body.
(c) “Probationary basin” means a basin for which the board has issued a determination under Section 10735.2.
(d) “Significant depletions of interconnected surface waters” means reductions in flow or levels of surface water that is hydrologically connected to the basin such that the reduced surface water flow or levels have a significant and unreasonable adverse impact on beneficial uses of the surface water.
(Added by Stats. 2014, Ch. 347, Sec. 19. (AB 1739) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 11 - State Intervention › Section 10735.4.

10735.4. (a) If the board designates a basin as a probationary basin pursuant to paragraph (1), (2), or (4) of subdivision (a) of Section 10735.2, a local agency or groundwater sustainability agency shall have 180 days to remedy the deficiency. The board may appoint a mediator or other facilitator, after consultation with affected local agencies, to assist in resolving disputes, and identifying and implementing actions that will remedy the deficiency.
(b) After the 180-day period provided by subdivision (a), the board may provide additional time to remedy the deficiency if it finds that a local agency is making substantial progress toward remedying the deficiency.
(c) The board may develop an interim plan pursuant to Section 10735.8 for the probationary basin at the end of the period provided by subdivision (a) or any extension provided pursuant to subdivision (b), if the board, in consultation with the department, determines that a local agency has not remedied the deficiency that resulted in designating the basin as a probationary basin.
(Amended by Stats. 2015, Ch. 255, Sec. 16. (SB 13) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 11 - State Intervention › Section 10735.6.

10735.6. (a) If the board designates a basin as a probationary basin pursuant to paragraph (3) or (5) of subdivision (a) of Section 10735.2, the board shall identify the specific deficiencies and identify potential actions to address the deficiencies. The board may request the department to provide local agencies, within 90 days of the designation of a probationary basin, with technical recommendations to remedy the deficiencies.
(b) The board may develop an interim plan pursuant to Section 10735.8 for the probationary basin one year after the designation of the basin pursuant to paragraph (3) or (5) of subdivision (a) of Section 10735.2, if the board, in consultation with the department, determines that a local agency has not remedied the deficiency that resulted in designating the basin a probationary basin.
(Amended by Stats. 2015, Ch. 255, Sec. 17. (SB 13) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 11 - State Intervention › Section 10736.

10736. (a) The board shall adopt or amend a determination or interim plan under Section 10735.2 or 10735.8 in accordance with procedures for quasi-legislative action.
(b) The board shall provide notice of a hearing described in subdivision (a) of Section 10735.2 or subdivision (a) of Section 10735.8 as follows:
(1) At least 90 days before the hearing, the board shall publish notice of the hearing on its Internet Web site.
(2) At least 90 days before the hearing, the board shall notify the department and each city, county, or city and county in which any part of the basin is situated.
(3) (A) For the purposes of this paragraph, the terms “board-designated local area” and “local agency” have the same meaning as defined in Section 5009.
(B) At least 60 days before the hearing, the board shall mail or send by electronic mail notice to all persons known to the board who extract or who propose to extract water from the basin, or who have made written or electronic mail requests to the board for special notice of hearing pursuant to this part. If any portion of the basin is within a board-designated local area, the records made available to the board by the local agency in accordance with paragraph (4) of subdivision (d) of Section 5009 shall include the names and addresses of persons and entities known to the local agency who extract water from the basin, and the board shall mail or send by electronic mail notice to those persons.
(c) The board shall provide notice of proceedings to amend or repeal a determination or plan under Section 10735.2 or 10735.8 as appropriate to the proceedings, taking into account the nature of the proposed revision and the person likely to be affected.
(d) (1) Except as provided in paragraphs (2) and (3), Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 2 of Title 2 of the Government Code does not apply to any action authorized pursuant to Section 10735.2 or 10735.8.
(2) The board may adopt a regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 2 of Title 2 of the Government Code setting procedures for adopting a determination or plan.
(3) The board may adopt a regulation applying or interpreting this part pursuant to Section 1530 if the board determines that the emergency regulation is reasonably necessary for the allocation, administration, or collection of fees authorized pursuant to Section 1529.5.
(Added by Stats. 2014, Ch. 347, Sec. 19. (AB 1739) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 11 - State Intervention › Section 10736.2.

10736.2. (a) Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to either of the following:
(1) An action by the board pursuant to Section 10735.2.
(2) The adoption or amendment of an interim plan pursuant to this chapter.
(b) This section shall not be interpreted as exempting from Division 13 (commencing with Section 21000) a project that would implement actions taken pursuant to an interim plan adopted pursuant to this chapter.
(Amended by Stats. 2022, Ch. 60, Sec. 42. (AB 203) Effective June 30, 2022.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 11 - State Intervention › Section 10736.4.

10736.4. The extraction or use of water extracted in violation of an interim plan under this part shall not be relied upon as a basis for establishing the extraction or use of water to support a claim in an action or proceeding for determination of water rights.
(Added by Stats. 2014, Ch. 347, Sec. 19. (AB 1739) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 11 - State Intervention › Section 10736.6.

10736.6. (a) The board may order a person that extracts or uses water from a basin that is subject to an investigation or proceeding under this chapter to prepare and submit to the board any technical or monitoring program reports related to that person’s or entity’s extraction or use of water as the board may specify. The costs incurred by the person in the preparation of those reports shall bear a reasonable relationship to the need for the report and the benefit to be obtained from the report. If the preparation of individual reports would result in a duplication of effort, or if the reports are necessary to evaluate the cumulative effect of several diversions or uses of water, the board may order any person subject to this subdivision to pay a reasonable share of the cost of preparing reports.
(b) (1) An order issued pursuant to this section shall be served by personal service or registered mail on the party to submit technical or monitoring program reports or to pay a share of the costs of preparing reports. Unless the board issues the order after a hearing, the order shall inform the party of the right to request a hearing within 30 days after the party has been served. If the party does not request a hearing within that 30-day period, the order shall take effect as issued. If the party requests a hearing within that 30-day period, the board may adopt a decision and order after conducting a hearing.
(2) In lieu of adopting an order directed at named persons in accordance with the procedures specified in paragraph (1), the board may adopt a regulation applicable to a category or class of persons in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 2 of Title 2 of the Government Code.
(c) Upon application of a person or upon its own motion, the board may review and revise an order issued or regulation adopted pursuant to this section in accordance with the procedures set forth in subdivision (b).
(d) In conducting an investigation or proceeding pursuant to this part, the board may inspect the property or facilities of a person to ascertain whether the purposes of this part are being met and to ascertain compliance with this part. The board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of an inspection pursuant to this subdivision.
(Added by Stats. 2014, Ch. 347, Sec. 19. (AB 1739) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 12 - Determination of Rights to Groundwater › Section 10737.

10737. Except as provided in this chapter, an adjudication action to determine rights to groundwater in a basin shall be conducted in accordance with the Code of Civil Procedure, including pursuant to Chapter 7 (commencing with Section 830) of Title 10 of Part 2 of that code.
(Added by Stats. 2015, Ch. 676, Sec. 5. (SB 226) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 12 - Determination of Rights to Groundwater › Section 10737.2.

10737.2. In an adjudication action for a basin required to have a groundwater sustainability plan under this part, the court shall manage the proceedings in a manner that minimizes interference with the timely completion and implementation of a groundwater sustainability plan, avoids redundancy and unnecessary costs in the development of technical information and a physical solution, and is consistent with the attainment of sustainable groundwater management within the timeframes established by this part.
(Added by Stats. 2015, Ch. 676, Sec. 5. (SB 226) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 12 - Determination of Rights to Groundwater › Section 10737.3.

10737.3. (a) (1) Unless otherwise ordered by the court, all monitoring and reporting required under all groundwater sustainability plans approved by the department, or submitted to and awaiting approval by the department, for a basin subject to an adjudication, or under any interim plan adopted by the board pursuant to Section 10735.8 for a basin subject to an adjudication, shall continue throughout the duration of the adjudication proceeding.
(2) All groundwater sustainability agencies required to submit reports to the department pursuant to Section 10728 regarding a basin subject to adjudication shall submit copies of the reports to the court during the duration of the adjudication proceeding. The court may order more frequent reporting than the reports required pursuant to Section 10728.
(3) The board shall submit to the court during the duration of the adjudication proceeding the information it receives from a person required to submit monitoring program reports to the board pursuant to Section 10736.6 regarding a basin subject to adjudication. If, during the proceeding, the board prepares a report regarding the subject basin containing information listed in Section 10728, the board shall submit a copy of that report to the court.
(b) (1) Throughout the duration of the adjudication proceeding, a party to the adjudication, and any other person extracting water from the basin, shall comply with the groundwater sustainability plan or plans for the subject basin or the interim plan for the subject basin adopted by the board pursuant to Section 10735.8, except as may be authorized by the court pursuant to Section 847 of the Code of Civil Procedure or other injunctive relief.
(2) For purposes of this subdivision, the terms of a groundwater sustainability plan, interim plan, or preliminary injunction shall not determine the rights in a final judgment of the comprehensive adjudication.
(c) Throughout the duration of the adjudication proceeding, a party to the adjudication, and any other person extracting water from the basin, shall not use new or increased groundwater use to establish a new claim of prescription during the proceeding.
(Added by Stats. 2023, Ch. 665, Sec. 4. (AB 779) Effective January 1, 2024.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 12 - Determination of Rights to Groundwater › Section 10737.4.

10737.4. (a) Chapter 11 (commencing with Section 10735) shall not apply to a judgment approved by the court pursuant to Section 850 of the Code of Civil Procedure if both of the following apply:
(1) A local agency or a party directed by the court to file the submission submits the judgment to the department for evaluation and assessment pursuant to paragraph (2) of subdivision (b) of Section 10733.6.
(2) The department determines that the judgment satisfies the objectives of this part for the basin.
(b) A party or group of parties proposing a stipulated judgment pursuant to subdivision (d) of Section 850 of the Code of Civil Procedure may submit the proposed stipulated judgment to the department for evaluation and assessment pursuant to paragraph (2) of subdivision (b) of Section 10733.6.
(c) Notwithstanding subdivision (c) of Section 10733.6, a judgment or proposed stipulated judgment pursuant to this section may be submitted to the department after January 1, 2017.
(d) A determination of the department on a submission pursuant to this section is subject to judicial review pursuant to Section 1085 of the Code of Civil Procedure. Venue shall be in the court with jurisdiction over the adjudication action and the case shall be coordinated with the adjudication action.
(Amended by Stats. 2023, Ch. 665, Sec. 5. (AB 779) Effective January 1, 2024.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 12 - Determination of Rights to Groundwater › Section 10737.6.

10737.6. If the department determines that a judgment satisfies the objectives of this part in accordance with paragraph (2) of subdivision (a) of Section 10737.4, the department shall submit to the court the assessments and any recommended corrective actions that the department issues pursuant to Section 10733.8. The court, after notice and, if necessary, an evidentiary hearing, shall determine whether to amend the judgment pursuant to Section 852 of the Code of Civil Procedure to adopt the department’s recommended corrective actions.
(Added by Stats. 2015, Ch. 676, Sec. 5. (SB 226) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 12 - Determination of Rights to Groundwater › Section 10737.8.

10737.8. In addition to making any findings required by subdivision (a) of Section 850 of the Code of Civil Procedure or any other law, the court shall not approve entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under this part unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part and to achieve sustainable groundwater management.
(Added by Stats. 2015, Ch. 676, Sec. 5. (SB 226) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 12 - Determination of Rights to Groundwater › Section 10737.9.

10737.9. (a) (1) Upon receiving notice that an adjudication has commenced in its basin, a groundwater sustainability agency shall host a public meeting to explain the adjudication process and the status of the adjudication to water users within the basin and the public.
A groundwater sustainability agency may invite the state board or the department to send a representative to the meeting in order to help explain the adjudication process.
(2) A recording or summary of the meeting shall be posted to a public internet website hosted by either the groundwater sustainability agency or the watermaster of the basin.
(3) For a basin that has multiple groundwater sustainability agencies, the groundwater sustainability agencies may hold a public meeting jointly or individually in furtherance of this subdivision.
(b) This section shall only apply to basins in which a comprehensive adjudication has not been commenced by January 1, 2024.
(Added by Stats. 2023, Ch. 665, Sec. 6. (AB 779) Effective January 1, 2024.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.74 - Sustainable Groundwater Management › CHAPTER 12 - Determination of Rights to Groundwater › Section 10738.

10738. The approval of a groundwater sustainability plan by the department shall not be construed to be a determination by or otherwise an opinion of the department that the allocation of groundwater pumping rights in the plan are consistent with groundwater rights law.
(Added by Stats. 2022, Ch. 682, Sec. 1. (SB 1372) Effective January 1, 2023.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.75 - GROUNDWATER MANAGEMENT › CHAPTER 1 - General Provisions › Section 10750.

10750. (a) The Legislature finds and declares that groundwater is a valuable natural resource in California, and should be managed to ensure both its safe production and its quality. It is the intent of the Legislature to encourage local agencies to work cooperatively to manage groundwater resources within their jurisdictions.
(b) The Legislature also finds and declares that additional study of groundwater resources is necessary to better understand how to manage groundwater effectively to ensure the safe production, quality, and proper storage of groundwater in this state.
(Amended by Stats. 2000, Ch. 708, Sec. 1. Effective January 1, 2001.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.75 - GROUNDWATER MANAGEMENT › CHAPTER 1 - General Provisions › Section 10750.1.

10750.1. (a) Beginning January 1, 2015, a new plan shall not be adopted and an existing plan shall not be renewed pursuant to this part, except as provided in subdivision (b). A plan adopted before January 1, 2015, shall remain in effect until a groundwater sustainability plan is adopted pursuant to Part 2.74 (commencing with Section 10720).
(b) This section does not apply to a low- or very low priority basin as categorized for the purposes of Part 2.74 (commencing with Section 10720).
(c) This section does not apply to a plan submitted as an alternative pursuant to Section 10733.6, unless the department has not determined that the alternative satisfies the objectives of Part 2.74 (commencing with Section 10720) on or before January 31, 2020, or the department later determines that the plan does not satisfy the objectives of that part.
(Added by Stats. 2014, Ch. 346, Sec. 4. (SB 1168) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.75 - GROUNDWATER MANAGEMENT › CHAPTER 1 - General Provisions › Section 10750.2.

10750.2. (a) Subject to subdivision (b), this part applies to all groundwater basins in the state.
(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 law or a court order, judgment, or decree, unless the local agency or watermaster agrees to the application of this part.
(Added by Stats. 1992, Ch. 947, Sec. 2. Effective January 1, 1993.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.75 - GROUNDWATER MANAGEMENT › CHAPTER 1 - General Provisions › Section 10750.4.

10750.4. Nothing in this part requires a local agency overlying a groundwater basin to adopt or implement a groundwater management plan or groundwater management program pursuant to this part.
(Added by Stats. 1992, Ch. 947, Sec. 2. Effective January 1, 1993.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.75 - GROUNDWATER MANAGEMENT › CHAPTER 1 - General Provisions › Section 10750.6.

10750.6. Nothing in this part affects 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 Stats. 1992, Ch. 947, Sec. 2. Effective January 1, 1993.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.75 - GROUNDWATER MANAGEMENT › CHAPTER 1 - General Provisions › Section 10750.7.

10750.7. (a) A local agency may not manage groundwater pursuant to this part within the service area of another local agency, a water corporation regulated by the Public Utilities Commission, or a mutual water company without the agreement of that other entity.
(b) This section applies only to groundwater basins that are not critically overdrafted.
(Added by Stats. 1992, Ch. 947, Sec. 2. Effective January 1, 1993.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.75 - GROUNDWATER MANAGEMENT › CHAPTER 1 - General Provisions › Section 10750.8.

10750.8. (a) A local agency may not manage groundwater pursuant to this part within the service area of another local agency without the agreement of that other entity.
(b) This section applies only to groundwater basins that are critically overdrafted.
(Added by Stats. 1992, Ch. 947, Sec. 2. Effective January 1, 1993.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.75 - GROUNDWATER MANAGEMENT › CHAPTER 1 - General Provisions › Section 10750.9.

10750.9. (a) A local agency that commences procedures, prior to January 1, 1993, to adopt an ordinance or resolution to establish a program for the management of groundwater pursuant to Part 2.75 (commencing with Section 10750), as added by Chapter 903 of the Statutes of 1991, may proceed to adopt the ordinance or resolution pursuant to Part 2.75, and the completion of those procedures is deemed to meet the requirements of this part.
(b) A local agency that has adopted an ordinance or resolution pursuant to Part 2.75 (commencing with Section 10750), as added by Chapter 903 of the Statutes of 1991, may amend its groundwater management program by ordinance or resolution of the governing body of the local agency to include any of the plan components set forth in Section 10753.7.
(Amended by Stats. 1993, Ch. 320, Sec. 1. Effective January 1, 1994.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 2.75 - GROUNDWATER MANAGEMENT › CHAPTER 1 - General Provisions › Section 10750.10.

10750.10. This part is in addition to, and not a limitation on, the authority granted to a local agency pursuant to other provisions of law.
(Added by Stats. 1992, Ch. 947, Sec. 2. Effective January 1, 1993.)