Chapter 3 - Groundwater Management Plans

California Water Code — §§ 10753-10753.11

Sections (4)

Amended by Stats. 2012, Ch. 162, Sec. 185. (SB 1171) Effective January 1, 2013.

(a)Any local agency, whose service area includes a groundwater basin, or a portion of a groundwater basin, that is not subject to groundwater management pursuant to other provisions of law or a court order, judgment, or decree, may, by ordinance, or by resolution if the local agency is not authorized to act by ordinance, adopt and implement a groundwater management plan pursuant to this part within all or a portion of its service area.
(b)Notwithstanding subdivision (a), a local public agency, other than an agency defined in subdivision (g) of Section 10752, that provides flood control, groundwater management, or groundwater replenishment, or a local agency formed pursuant to this code for the principal purpose of providing water service that has not yet provided

that service, may exercise the authority of this part within a groundwater basin that is located within its boundaries within areas that are either of the following:

(1)Not served by a local agency.
(2)Served by a local agency whose governing body, by a majority vote, declines to exercise the authority of this part and enters into an agreement with the local public agency pursuant to Section 10750.7 or 10750.8.
(c)Except as provided in subdivision (b), this chapter does not authorize a local agency to manage groundwater planning within the service area of another local agency.
(d)Except as otherwise provided in this part, the process for developing and adopting a revised groundwater management plan shall be the same as the process for developing and

adopting a new groundwater management plan.

Added by Stats. 2002, Ch. 603, Sec. 2. Effective January 1, 2003.

Nothing in this part, or in any groundwater management plan adopted pursuant to this part, affects surface water rights or the procedures under common law or local groundwater authority, or any provision of law other than this part that determines or grants surface water rights.

Added by renumbering Section 10753.9 by Stats. 2002, Ch. 603, Sec. 7. Effective January 1, 2003.

In adopting rules and regulations pursuant to Section 10753.9, the local agency shall consider the potential impact of those rules and regulations on business activities, including agricultural operations, and to the extent practicable and consistent with the protection of the groundwater resources, minimize any adverse impacts on those business activities.

Added by Stats. 2011, Ch. 572, Sec. 7. (AB 359) Effective January 1, 2012.

A plan shall not be considered invalid, and the local agency shall not be required to recirculate the plan for public comment or to delay implementation of the plan, if the local agency substantially complies with the public notice provisions of this chapter.