reglab/statecodes huggingface dataset:
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7.1 - Method of Calculating Administrative Civil Penalties › Section 337.60 - Multi-Day Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each day a violation continues is a separate and distinct violation. Any
				  reduction to the daily base penalty for a continuing violation will be made at
				  the discretion of the department.
(1) The
				  daily base penalty shall be determined as provided in sections
				  337.56 and
				  337.58. A reduction to the daily
				  base penalty for multi-day violations shall be available in cases where the
				  department makes at least one of the following findings:
(A) The violation is not causing daily
				  detrimental impacts to public safety;
(B) The violation results in no economic
				  benefit from the illegal conduct that can be measured on a daily basis;
				  or
(C) The violation occurred
				  without the knowledge or control of the dam owner, who therefore did not take
				  action to eliminate or mitigate the violation.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7.1 - Method of Calculating Administrative Civil Penalties › Section 337.62 - Total Base Penalty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The total base penalty is the daily base penalty for each
					 violation as determined by this article multiplied by the Period of Violation
					 for each violation.
1. New
					 section filed 9-19-2022; operative 9-19-2022 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2022, No. 38).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Section
						6432, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7.1 - Method of Calculating Administrative Civil Penalties › Section 337.64 - Total Base Penalty Adjustments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department shall adjust the total base penalty
					 considering each of the following adjustment factors:
(a) Cooperation. The department shall
				  consider the violator's cooperation, including any voluntary disclosure of
				  violations and efforts to return to compliance. Adjustment shall be made by
				  multiplying the total base penalty by the applicable adjustment factor in Table
				  4.
Table 4: Adjustment Factors for Cooperation
Degree of Cooperation
Circumstance
Adjustment Factor
Extraordinary
Violator voluntarily disclosed violation, exceeded the
							 minimum requirements in returning to compliance, or returned to compliance
							 faster than requested
0.5--1.0
Good Faith
Violator demonstrated a cooperative effort
No Adjustment
Recalcitrance
Violator failed to cooperate, delayed compliance,
							 created unnecessary obstacles to achieving compliance, or the compliance
							 submittal failed to meet requirements
1.0--1.5
Refusal
Violator intentionally failed to return to
							 compliance
1.5--2.0
(b)
				  Compliance History. The total base penalty shall be increased if the violator
				  has demonstrated a history of noncompliance over the prior five (5) years. A
				  maximum adjustment factor of up to 2.0 shall be applied based on compliance
				  history. The adjustment shall be made by multiplying the total base penalty by
				  the applicable adjustment factor. When adjusting the penalty for compliance
				  history, the department shall consider the following criteria:
(1) Previous violations with the dam in
				  question receive more weight than previous violations at another dam owned or
				  operated by the same dam owner.
(2)
				  Recent violations receive more weight than older violations.
(3) The same or substantially similar
				  previous violations receive more weight than previous unrelated
				  violations.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7.1 - Method of Calculating Administrative Civil Penalties › Section 337.66 - Final Penalty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The final penalty consists of the total base penalty, as
					 defined in section
					 337.62, with any adjustments made
					 pursuant to the adjustment factors set forth in section
					 337.64. The final penalty for each
					 violation shall not exceed the statutory daily maximum per violation multiplied
					 by the Period of Violation.
1. New
					 section filed 9-19-2022; operative 9-19-2022 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2022, No. 38).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Section
						6432, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 1 - Introductory Provisions › Section 340 - Authority and Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations specify the information a local agency
						is required to provide when requesting that the Department revise the
						boundaries of a basin or subbasin, including the establishment of new
						subbasins, and the methodology and criteria used by the Department to evaluate
						a modification to existing basin or subbasin boundaries.
1. New
						chapter 1.5, subchapter 1 (articles 1-7, sections
						340-346.6), article 1 (sections
						340-340.4) and section filed
						11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45). For prior history of chapter 1.5 (sections
						350-360), see Register 81, No.
						43.
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Sections
						  10722.2 and
						  12924, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 1 - Introductory Provisions › Section 340.2 - Intent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The revision of the boundaries of any basin or subbasin
						or creation of new subbasins that are adopted by the Department shall be
						consistent with the State's interest in the sustainable management of
						groundwater basins as expressed in the Sustainable Groundwater Management Act
						(Part 2.74 of Division 6 of the Water Code, beginning with Section
						10720).
1. New
						section filed 11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45).
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Section
						  10720.1, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 1 - Introductory Provisions › Section 340.4 - Basin Boundaries

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless other basin or subbasin boundaries are established
						pursuant to these regulations, a basin or subbasin's boundaries shall be as
						identified in Bulletin 118. A clear and unambiguous written description of a
						basin or subbasin boundary in Bulletin 118 shall prevail over any inconsistent
						basin or subbasin boundary as depicted on a map, in an electronic data file, or
						otherwise, except when modified pursuant to these regulations. Any discrepancy
						or uncertainty shall be resolved by the Department based upon the best
						available technical information.
1. New
						section filed 11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45).
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Sections
						  10721(b),
						  10722,
						  10722.2 and
						  12924, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 3 - Boundary Modification Categories › Section 342 - Introduction to Boundary Modifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article describes different categories of boundary
						modifications. The identified categories are scientific modifications, based on
						geologic or hydrologic criteria, and jurisdictional modifications, which
						promote sustainable groundwater management. An administrative adjustment does
						not constitute a boundary modification subject to this Subchapter.
1. New
						article 3 (sections
						342-342.6) and section filed
						11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45).
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Sections
						  10720.1,
						  10722.2 and
						  12924, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 3 - Boundary Modification Categories › Section 342.2 - Scientific Modification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A scientific modification to a basin or subbasin boundary
						consists of one of the following modifications and involves the addition,
						deletion, or relocation of a boundary based on the geologic or hydrologic
						conditions that define a groundwater basin or subbasin:
(a) An external boundary modification. Except
					 in the case of some basin consolidations involving adjacent basins, external
					 basin boundaries will only be modified as a result of scientific
					 modifications.
(b) An internal
					 boundary modification. A basin or subbasin boundary may be modified, deleted,
					 or added based on the presence or absence of a hydrogeologic barrier.
1. New
						section filed 11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45).
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Sections
						  10720.1 and
						  12924, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 3 - Boundary Modification Categories › Section 342.4 - Jurisdictional Modification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A jurisdictional modification involves the addition,
						deletion, or relocation of a basin or subbasin boundary that is not a
						scientific modification but promotes sustainable groundwater management and is
						one of the following:
(a) Internal
					 boundary modification.
(b) Basin
					 consolidation, including county basin consolidation.
(c) Basin subdivision.
1. New
						section filed 11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45).
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Sections
						  10720.1 and
						  12924, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 3 - Boundary Modification Categories › Section 342.6 - Other Boundary Modifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any boundary modification that does not conform to the
						categories specified in this article may be considered by the Department based
						on information the Department deems adequate to evaluate the modification in
						accordance with Section
						10722.2 of the
						Water Code.
1. New
						section filed 11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45).
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Sections
						  10720.1 and
						  12924, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 4 - Procedures for Modification Request and Public Input › Section 343 - Introduction to Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article describes procedural requirements related to
						boundary modification requests and public input to those requests.
1. New
						article 4 (sections
						343-343.14) and section filed
						11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45).
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Section
						  10722.2, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 4 - Procedures for Modification Request and Public Input › Section 343.2 - Eligibility to Request Boundary Modification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A request for boundary modification may be initiated by a
						local agency whose jurisdictional area lies within or borders the existing or
						proposed basin or subbasin for which boundary modification is sought.
1. New
						section filed 11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45).
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Section
						  10722.2, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 4 - Procedures for Modification Request and Public Input › Section 343.4 - Forms and Instructions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall make the forms and instructions for
						boundary modification requests available on its Internet Web site prior to
						basin boundary submission periods.
1. New
						section filed 11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45).
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Section
						  10722.2, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 4 - Procedures for Modification Request and Public Input › Section 343.6 - Combination of Requests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Requesting agencies shall, to the greatest extent
						practicable, combine all boundary modification requests that affect the same
						basin or subbasin and coordinate with other affected agencies and affected
						systems, as necessary, to present the information as a single request. The
						Department may require the combination of boundary modification requests to
						avoid duplicative or conflicting requests, and may consider and adopt all or
						any proposals contained in a combined boundary modification request.
1. New
						section filed 11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45).
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Section
						  10722.2, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 4 - Procedures for Modification Request and Public Input › Section 343.8 - Submission Periods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to updating or revising Bulletin 118, and at other
						times, as needed, the Department shall establish submission periods during
						which boundary modification requests will be accepted. The initial submission
						period shall start January 1, 2016, and remain open at least 90 days. The
						Department shall announce the start of each subsequent submission period on its
						Internet Web site at least 60 days before the period begins, and the period
						will remain open at least 60 days. However, the submission periods described in
						this Section shall not apply to any request made pursuant to Section
						841
						of the Code of Civil Procedure.
1. New
						section filed 11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45).
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Section
						  841,
						  Code of Civil Procedure; and Sections
						  10722.2 and
						  12924, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 4 - Procedures for Modification Request and Public Input › Section 343.9 - Initial Notification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within 15 days of a local agency's decision to explore boundary modification,
					 the relevant local agency shall notify the Department by written notice of its
					 interest in exploring a boundary modification and make general information
					 about its process publicly available by posting relevant information to the
					 local agency's Internet Web site or by other suitable means. The initial
					 notification shall include a brief description and preliminary map of the
					 proposed boundary modification.
(b)
					 The Department shall post the initial notification required by this Section on
					 the Department's Internet Web site within ten (10) working days of
					 receipt.
1. New
						section filed 11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45).
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Section
						  10722.2, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 4 - Procedures for Modification Request and Public Input › Section 343.10 - Status of Request

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department shall acknowledge the receipt of all boundary modification requests
					 by written notice and shall post all materials received on the Department's
					 Internet Web site within ten (10) working days of receipt.
(b) The Department shall determine whether
					 the boundary modification request is complete and provide written notice to the
					 requesting agency of its determination or of the need for additional
					 information.
(1) A boundary modification
					 request will be deemed complete if it substantially complies with the
					 requirements of this Subchapter. Substantial compliance means that the
					 requesting agency has attempted to comply with these regulations and the
					 legislative intent of the Act in good faith, and the supporting information
					 submitted and the form of submission are sufficiently detailed and necessary,
					 as determined by the Department, to evaluate the boundary modification
					 request.
(2) The Department will
					 not evaluate a boundary modification request until the request has been deemed
					 complete and the requesting agency has provided any other information
					 specifically requested by the Department. However, the Department may begin its
					 evaluation before evidence of support as described in Section
					 344.8(d) has been
					 made available if the requesting agency affirms that the required support is
					 likely forthcoming.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 4 - Procedures for Modification Request and Public Input › Section 343.12 - Public Input

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
					 person may provide information to support or oppose a proposed boundary
					 modification request as follows:
(1) Public
					 input must be submitted by written notice to the Department within 30 days
					 after the Department posts a notice that the request is complete pursuant to
					 Section 343.10(c), and
					 provide the requesting agency a duplicate copy of that information the same
					 day.
(2) Public input must include
					 the name, address, and electronic mail address of the person or entity
					 providing that input.
(3) Public
					 input must include a clear statement of the basis for the support of or
					 opposition to the proposed boundary modification.
(4) The level of detail provided by public
					 input need not be as comprehensive as that contained in the request, but must
					 rely on similar scientific and technical information as the particular boundary
					 modification request to which it is addressed, and will be evaluated by the
					 Department using the same criteria.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 4 - Procedures for Modification Request and Public Input › Section 343.14 - Withdrawal of Request

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The requesting agency may withdraw a boundary
						modification request at any time before the request is finalized by providing
						written notice to the Department.
1. New
						section filed 11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45).
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Section
						  10722.2, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 5 - Supporting Information › Section 344 - Introduction to Supporting Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article describes the type of information provided
						by a requesting agency to support a boundary modification request.
1. New
						article 5 (sections
						344-344.18) and section filed
						11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45).
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Section
						  10722.2, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 5 - Supporting Information › Section 344.2 - Requesting Agency Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each request for boundary modification shall include the
						following information:
(a) The name
					 and mailing address of the requesting agency.
(b) A copy of the statutory or other legal
					 authority under which the requesting agency was created with specific citations
					 to the provisions setting forth the duties and responsibilities of the
					 agency.
(c) A copy of the
					 resolution adopted by the requesting agency formally initiating the boundary
					 modification request.
(d) The name
					 and contact information, including phone number, mailing address and electronic
					 mail address, of the request manager.
1. New
						section filed 11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45).
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Section
						  10722.2, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 5 - Supporting Information › Section 344.4 - Notice and Consultation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each request for boundary modification shall include
						information demonstrating that the requesting agency consulted with affected
						agencies and affected systems including, but not limited to, the
						following:
(a) A list of all local
					 agencies and public water systems in the affected basins with the subset of
					 affected agencies and affected systems specifically identified.
(b) An explanation of the methods used to
					 identify affected agencies and affected systems.
(c) Information regarding the nature of
					 consultation, including copies of correspondence with affected agencies and
					 affected systems and any other persons or entities consulted, as
					 appropriate.
(d) A summary of all
					 public meetings at which the proposed boundary modification was discussed or
					 considered by the requesting agency, including copies of any meeting agendas or
					 minutes, if prepared, and any notices published.
(e) A copy of all comments regarding the
					 proposed boundary modification received by the requesting agency and a summary
					 of any responses made by the requesting agency.
1. New
						section filed 11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45).
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Section
						  10722.2, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 5 - Supporting Information › Section 344.6 - Description of Proposed Boundary Modification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each request for boundary modification shall include a concise description of
					 the proposed modification, including an overview of the request and a
					 description or explanation of the following:
(1) The category of boundary modification
					 proposed.
(2) The identification of
					 all affected basins or subbasins, including Bulletin 118 basin or subbasin
					 names and numbers.
(3) A proposed
					 name for each new subbasin or consolidated basin, if
					 applicable.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 5 - Supporting Information › Section 344.8 - Local Agency Input

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each request for boundary modification shall include the following:
(1) Evidence that the requesting agency
					 provided information to affected agencies and affected systems regarding the
					 proposed boundary modification as required by Section
					 344.4 and provided those affected
					 agencies and affected systems an opportunity to comment in support or
					 opposition.
(2) Copies of all
					 comments and documents from affected agencies and affected systems in support
					 of or opposition to the proposed modification.
(3) Any evidence the requesting agency
					 believes will rebut any opposition to the proposed boundary modification or
					 otherwise assist the Department in its evaluation.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 5 - Supporting Information › Section 344.10 - General Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each request for boundary modification shall include the
						following information:
(a) A
					 description of the lateral boundaries and definable bottom of the proposed
					 basin or subbasin that is in clear and definite terms, based on authoritative
					 sources, and of sufficient detail to allow a map of the proposed lateral basin
					 or subbasin boundaries to be plotted from that description.
(b) A graphical map of adequate scale and GIS
					 files showing the proposed basin or subbasin boundary in relation to the
					 existing Bulletin 118 basin or subbasin boundary and the affected agencies and
					 affected systems that are within or bordering the existing and proposed basin
					 or subbasin.
1. New
						section filed 11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45).
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Sections
						  10722.2 and
						  12924, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 5 - Supporting Information › Section 344.12 - Hydrogeologic Conceptual Model

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each request for boundary modification shall include a clearly defined
					 hydrogeologic conceptual model demonstrating the following for the proposed
					 basin or subbasin:
(1) Principal
					 aquifers.
(2) Lateral boundaries,
					 including:
(A) Geologic features that
					 significantly impede or impact groundwater flow.
(B) Aquifer characteristics that
					 significantly impede or impact groundwater flow.
(C) Significant geologic and hydrologic
					 features and conditions of the principal aquifers, as appropriate, including
					 information regarding the confined or unconfined nature of the aquifers, facies
					 changes, truncation of units, the presence of faults or folds that impede
					 groundwater flow, or other groundwater flow restricting features.
(D) Key surface water bodies, groundwater
					 divides and significant recharge sources.
(3) Recharge and discharge areas within or
					 adjacent to the basin or subbasin.
(4) Definable bottom of the basin or
					 subbasin.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 5 - Supporting Information › Section 344.14 - Technical Information for Scientific Modifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each request for a scientific modification pursuant to Section
					 342.2 shall include information
					 that demonstrates the extent of the aquifers, including the following:
(1) A qualified map that depicts the lateral
					 boundaries of the aquifers that define the basin or subbasin.
(2) A technical study that provides
					 subsurface data demonstrating the vertical thickness and relevant physical
					 properties of the aquifers, such as hydrogeologic cross section(s), if
					 available.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 5 - Supporting Information › Section 344.16 - Technical Information for Jurisdictional Modifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each request for a boundary modification that involves a jurisdictional
					 modification pursuant to Section
					 342.4 shall include the following:
(1) A water management plan that covers all
					 or a portion of the proposed basin or subbasin and contributes to meeting the
					 requirements of Water Code Sections
					 10753.7(a)
					 or
					 10727,
					 including any of the following:
(A) An adopted
					 groundwater management plan, a basin wide management plan, or other integrated
					 regional water management program or plan that meets the requirements of Water
					 Code Section
					 10753.7(a).
(B) Management pursuant to an adjudication
					 action.
(C) One or more technical
					 studies that cover the relevant portion of a basin or subbasin.
(D) A valid Groundwater Sustainability Plan
					 adopted pursuant to the Act or an alternative approved by the Department in
					 accordance with Water Code 10733.6.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 5 - Supporting Information › Section 344.18 - CEQA Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The requesting agency shall satisfy requirements of the
						California Environmental Quality Act (Public Resources Code Sections
						21000
						et seq.), including, if necessary, information to enable the Department to
						satisfy the requirements of a responsible agency.
1. New
						section filed 11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45).
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Section
						  10722.2, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 6 - Methodology and Criteria for Evaluation › Section 345 - Introduction to Methodology and Criteria for Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article establishes the methodology and criteria for
						the evaluation of proposed boundary modifications.
1. New
						article 6 (sections
						345-345.4) and section filed
						11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45).
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Section
						  10722.2, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 6 - Methodology and Criteria for Evaluation › Section 345.2 - Basis for Denial of Request for Boundary Modification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department will evaluate boundary modification
						requests to determine whether the request has the overall effect of promoting
						sustainable groundwater management. A request may be denied if one or more
						factors that could limit substantial compliance with the Act are identified,
						including the following:
(a) The
					 proposed boundary modification may limit the opportunity or likelihood of any
					 of the following:
(1) Sustainable groundwater
					 management in the proposed basin or subbasin.
(2) Sustainable groundwater management in
					 other basins or subbasins.
(3)
					 Groundwater storage or recharge in the proposed or adjacent basins or
					 subbasins.
(4) Coordination of
					 management activities and the sharing of data and information across basin or
					 subbasin boundaries.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 6 - Methodology and Criteria for Evaluation › Section 345.4 - Criteria for Evaluating Supporting Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall apply the following criteria to
						assess whether the proposed basin or subbasin can be sustainably managed or
						would limit the sustainable management of adjacent basins or subbasins, and
						whether there is a history of sustainable management of groundwater levels in
						the proposed basin or subbasin.
(a)
					 For scientific modifications pursuant to Section
					 342.2, the Department will
					 consider the adequacy of hydrogeologic conceptual models and technical studies
					 based on their demonstration of scientific support for the boundary
					 modification. The models and technical studies will be evaluated according to
					 the following:
(1) Hydrogeologic conceptual
					 models will be evaluated to determine the degree to which they apply technical
					 information to describe the geologic framework, the direction and movement of
					 groundwater flow, the water budget for the basin or subbasin, and any other
					 feature as required by Section
					 344.12.
(2) Qualified maps of surficial geology,
					 structural geology, or geophysical investigations, supporting subsurface
					 interpretations, and any other feature as required by Section
					 344.14, will be evaluated to
					 assess the presence or absence of a groundwater flow boundary.
(3) Potentiometric surface maps, groundwater
					 levels, groundwater recharge and discharge areas, aquifer testing results,
					 water quality data, and any other feature as required by Section
					 344.14 will be evaluated to assess
					 the presence or absence of a groundwater flow boundary.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 7 - Adoption of Boundary Modification › Section 346 - Introduction to Department Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article describes the procedure for the adoption of
						boundary modifications by the Department.
1. New
						article 7 (sections
						346-346.6) and section filed
						11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45).
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Sections
						  10722.2 and
						  10723.4, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 7 - Adoption of Boundary Modification › Section 346.2 - Presentation of Draft Boundary Modifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
					 the Department determines that a boundary modification is supported by adequate
					 technical information and meets the requirements of this Subchapter, the
					 Department shall post the draft revised basin and subbasin boundaries on the
					 Department's Internet Web site and hold at least one public meeting to solicit
					 comments on the draft boundaries prior to submitting them to the
					 Commission.
(b) The Department
					 shall present a copy of the draft revised basin and subbasin boundaries to the
					 Commission to hear and comment on the draft revisions pursuant to Section
					 10722.2(e).
(c) The Department may finalize the revised
					 basin and subbasin boundaries 60 days after the draft revisions have been
					 presented to the Commission or 30 days after the Commission has met to hear and
					 comment on the draft revisions, whichever comes earlier, if no substantial
					 changes are required.
(d) If the
					 Department makes substantial changes to a proposed boundary modification after
					 presentation to the Commission, the Department shall notify the requesting
					 agency and resubmit the proposed changes to the Commission for further review
					 consistent with the Act.
1. New
						section filed 11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45).
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Section
						  10722.2, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 7 - Adoption of Boundary Modification › Section 346.4 - Record of Boundary Modifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After revising the boundaries of a basin or subbasin, or
						establishing a new subbasin, the Department shall record that information on
						the Department's Internet Web site and incorporate the revised basin and
						subbasin boundaries in subsequent updates to Bulletin 118.
1. New
						section filed 11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45).
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Sections
						  10722.2 and
						  12924, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 1 - Groundwater Basin Boundaries › Article 7 - Adoption of Boundary Modification › Section 346.6 - Subsequent Modifications by Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If, after revising the boundaries of a basin or subbasin,
						or establishing a new subbasin, the Department determines, based on substantial
						evidence, that assumptions regarding the sustainable management of the new
						basin or subbasins were incorrect, and that as a result the boundary
						modification should not have been adopted, the Department may, after
						consultation with the requesting agency, either restore the boundaries that
						existed before the boundary modification or revise the boundaries consistent
						with this Subchapter.
1. New
						section filed 11-6-2015 as an emergency and exempt from review by the Office of
						Administrative Law pursuant to subdivision (b) of Water Code section
						10722.2;
						operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section
						10722.2, shall
						remain in effect until revised by the Department of Water Resources (Register
						2015, No. 45).
Note: Authority cited: Section
						  10722.2, Water
						  Code. Reference: Section
						  10722.2, Water
						  Code.