SECTIONS 10927-10936 - California Statutes

WATER CODE

SECTION 10927-10936

10927. Any of the following entities may assume responsibility for
monitoring and reporting groundwater elevations in all or a part of a
basin or subbasin in accordance with this part:
(a) A watermaster or water management engineer appointed by a
court or pursuant to statute to administer a final judgment
determining rights to groundwater.
(b) (1) A groundwater management agency with statutory authority
to manage groundwater pursuant to its principal act that is
monitoring groundwater elevations in all or a part of a groundwater
basin or subbasin on or before January 1, 2010.
(2) A water replenishment district established pursuant to
Division 18 (commencing with Section 60000). This part does not
expand or otherwise affect the authority of a water replenishment
district relating to monitoring groundwater elevations.
(c) A local agency that is managing all or part of a groundwater
basin or subbasin pursuant to Part 2.75 (commencing with Section
10750) and that was monitoring groundwater elevations in all or a
part of a groundwater basin or subbasin on or before January 1, 2010,
or a local agency or county that is managing all or part of a
groundwater basin or subbasin pursuant to any other legally
enforceable groundwater management plan with provisions that are
substantively similar to those described in that part and that was
monitoring groundwater elevations in all or a part of a groundwater
basin or subbasin on or before January 1, 2010.
(d) A local agency that is managing all or part of a groundwater
basin or subbasin pursuant to an integrated regional water management
plan prepared pursuant to Part 2.2 (commencing with Section 10530)
that includes a groundwater management component that complies with
the requirements of Section 10753.7.
(e) A county that is not managing all or a part of a groundwater
basin or subbasin pursuant to a legally enforceable groundwater
management plan with provisions that are substantively similar to
those described in Part 2.75 (commencing with Section 10750).
(f) A voluntary cooperative groundwater monitoring association
formed pursuant to Section 10935.

10928. (a) Any entity described in subdivision (a) or (b) of
Section 10927 that seeks to assume groundwater monitoring functions
in accordance with this part shall notify the department, in writing,
on or before January 1, 2011. The notification shall include all of
the following information:
(1) The entity's name, address, telephone number, and any other
relevant contact information.
(2) The specific authority described in Section 10927 pursuant to
which the entity qualifies to assume the groundwater monitoring
functions.
(3) A map showing the area for which the entity is requesting to
perform the groundwater monitoring functions.
(4) A statement that the entity will comply with all of the
requirements of this part.
(b) Any entity described in subdivision (c), (d), (e), or (f) of
Section 10927 that seeks to assume groundwater monitoring functions
in accordance with this part shall notify the department, in writing,
by January 1, 2011. The information provided in the notification
shall include all of the following:
(1) The entity's name, address, telephone number, and any other
relevant contact information.
(2) The specific authority described in Section 10927 pursuant to
which the entity qualifies to assume the groundwater monitoring
functions.
(3) For entities that seek to qualify pursuant to subdivision (c)
or (d) of Section 10927, the notification shall also include a copy
of the current groundwater management plan or the groundwater
component of the integrated regional water management plan, as
appropriate.
(4) For entities that seek to qualify pursuant to subdivision (f)
of Section 10927, the notification shall include a statement of
intention to meet the requirements of Section 10935.
(5) A map showing the area for which the entity is proposing to
perform the groundwater monitoring functions.
(6) A statement that the entity will comply with all of the
requirements of this part.
(7) A statement describing the ability and qualifications of the
entity to conduct the groundwater monitoring functions required by
this part.
(c) The department may request additional information that it
deems necessary for the purposes of determining the area that is
proposed to be monitored or the qualifications of the entity to
perform the groundwater monitoring functions.

10929. (a) (1) The department shall review all notifications
received pursuant to Section 10928.
(2) Upon the receipt of a notification pursuant to subdivision (a)
of Section 10928, the department shall verify that the notifying
entity has the appropriate authority under subdivision (a) or (b) of
Section 10927.
(3) Upon the receipt of a notification pursuant to subdivision (b)
of Section 10928, the department shall do both of the following:
(A) Verify that each notification is complete.
(B) Assess the qualifications of the notifying party.
(b) If the department has questions about the completeness or
accuracy of a notification, or the qualifications of a party, the
department shall contact the party to resolve any deficiencies. If
the department is unable to resolve the deficiencies, the department
shall notify the party in writing that the notification will not be
considered further until the deficiencies are corrected.
(c) If the department determines that more than one party seeks to
become the monitoring entity for the same portion of a basin or
subbasin, the department shall consult with the interested parties to
determine which party will perform the monitoring functions. In
determining which party will perform the monitoring functions under
this part, the department shall follow the order in which entities
are identified in Section 10927.
(d) The department shall advise each party on the status of its
notification within three months of receiving the notification.

10930. Upon completion of each review pursuant to Section 10929,
the department shall do both of the following if it determines that a
party will perform monitoring functions under this part:
(a) Notify the party in writing that it is a monitoring entity and
the specific portion of the basin or subbasin for which it shall
assume groundwater monitoring functions.
(b) Post on the department's Internet Web site information that
identifies the monitoring entity and the portion of the basin or
subbasin for which the monitoring entity will be responsible.

10931. (a) The department shall work cooperatively with each
monitoring entity to determine the manner in which groundwater
elevation information should be reported to the department pursuant
to this part. In determining what information should be reported to
the department, the department shall defer to existing monitoring
programs if those programs result in information that demonstrates
seasonal and long-term trends in groundwater elevations. The
department shall collaborate with the State Department of Public
Health to ensure that the information reported to the department will
not result in the inappropriate disclosure of the physical address
or geographical location of drinking water sources, storage
facilities, pumping operational data, or treatment facilities.
(b) (1) For the purposes of this part, the department may
recommend improvements to an existing monitoring program, including
recommendations for additional monitoring wells.
(2) The department may not require additional monitoring wells
unless funds are provided for that purpose.

10932. Monitoring entities shall commence monitoring and reporting
groundwater elevations pursuant to this part on or before January 1,
2012.

10933. (a) On or before January 1, 2012, the department shall
commence to identify the extent of monitoring of groundwater
elevations that is being undertaken within each basin and subbasin.
(b) The department shall prioritize groundwater basins and
subbasins for the purpose of implementing this section. In
prioritizing the basins and subbasins, the department shall, to the
extent data are available, consider all of the following:
(1) The population overlying the basin or subbasin.
(2) The rate of current and projected growth of the population
overlying the basin or subbasin.
(3) The number of public supply wells that draw from the basin or
subbasin.
(4) The total number of wells that draw from the basin or
subbasin.
(5) The irrigated acreage overlying the basin or subbasin.
(6) The degree to which persons overlying the basin or subbasin
rely on groundwater as their primary source of water.
(7) Any documented impacts on the groundwater within the basin or
subbasin, including overdraft, subsidence, saline intrusion, and
other water quality degradation.
(8) Any other information determined to be relevant by the
department.
(c) If the department determines that all or part of a basin or
subbasin is not being monitored pursuant to this part, the department
shall do all of the following:
(1) Attempt to contact all well owners within the area not being
monitored.
(2) Determine if there is an interest in establishing any of the
following:
(A) A groundwater management plan pursuant to Part 2.75
(commencing with Section 10750).
(B) An integrated regional water management plan pursuant to Part
2.2 (commencing with Section 10530) that includes a groundwater
management component that complies with the requirements of Section
10753.7.
(C) A voluntary groundwater monitoring association pursuant to
Section 10935.
(d) If the department determines that there is sufficient interest
in establishing a plan or association described in paragraph (2) of
subdivision (c), or if the county agrees to perform the groundwater
monitoring functions in accordance with this part, the department
shall work cooperatively with the interested parties to comply with
the requirements of this part within two years.
(e) If the department determines, with regard to a basin or
subbasin, that there is insufficient interest in establishing a plan
or association described in paragraph (2) of subdivision (c), and if
the county decides not to perform the groundwater monitoring and
reporting functions of this part, the department shall do all of the
following:
(1) Identify any existing monitoring wells that overlie the basin
or subbasin that are owned or operated by the department or any other
state or federal agency.
(2) Determine whether the monitoring wells identified pursuant to
paragraph (1) provide sufficient information to demonstrate seasonal
and long-term trends in groundwater elevations.
(3) If the department determines that the monitoring wells
identified pursuant to paragraph (1) provide sufficient information
to demonstrate seasonal and long-term trends in groundwater
elevations, the department shall not perform groundwater monitoring
functions pursuant to Section 10933.5.
(4) If the department determines that the monitoring wells
identified pursuant to paragraph (1) provide insufficient information
to demonstrate seasonal and long-term trends in groundwater
elevations, and the State Mining and Geology Board concurs with that
determination, the department shall perform groundwater monitoring
functions pursuant to Section 10933.5.

10933.5. (a) Consistent with Section 10933, the department shall
perform the groundwater monitoring functions for those portions of a
basin or subbasin for which no monitoring entity has agreed to
perform the groundwater monitoring functions.
(b) Upon determining that it is required to perform groundwater
monitoring functions, the department shall notify both of the
following entities that it is forming the groundwater monitoring
district:
(1) Each well owner within the affected area.
(2) Each county that contains all or a part of the affected area.
(c) The department shall not assess a fee or charge to recover the
costs for carrying out its power and duties under this part.
(d) The department may establish regulations to implement this
section.

10933.7. (a) If the department is required to perform groundwater
monitoring functions pursuant to Section 10933.5, the county and the
entities described in subdivisions (a) to (d), inclusive, of Section
10927 shall not be eligible for a water grant or loan awarded or
administered by the state.
(b) Notwithstanding subdivision (a), the department shall
determine that an entity described in subdivision (a) is eligible for
a water grant or loan under the circumstances described in
subdivision (a) if the entity has submitted to the department for
approval documentation demonstrating that its entire service area
qualifies as a disadvantaged community.

10934. (a) For purposes of this part, neither any entity described
in Section 10927, nor the department, shall have the authority to do
either of the following:
(1) To enter private property without the consent of the property
owner.
(2) To require a private property owner to submit groundwater
monitoring information to the entity.
(b) This section does not apply to a county or an entity described
in subdivisions (a) to (d), inclusive, of Section 10927 that assumed
responsibility for monitoring and reporting groundwater elevations
prior to the effective date of this part.

10935. (a) A voluntary cooperative groundwater monitoring
association may be formed for the purposes of monitoring groundwater
elevations in accordance with this part. The association may be
established by contract, a joint powers agreement, a memorandum of
agreement, or other form of agreement deemed acceptable by the
department.
(b) Upon notification to the department by one or more entities
that seek to form a voluntary cooperative groundwater monitoring
association, the department shall work cooperatively with the
interested parties to facilitate the formation of the association.
(c) The contract or agreement shall include all of the following:
(1) The names of the participants.
(2) The boundaries of the area covered by the agreement.
(3) The name or names of the parties responsible for meeting the
requirements of this part.
(4) The method of recovering the costs associated with meeting the
requirements of this part.
(5) Other provisions that may be required by the department.

10936. Costs incurred by the department pursuant to this chapter
may be funded from unallocated bond revenues pursuant to paragraph
(12) of subdivision (a) of Section 75027 of the Public Resources
Code, to the extent those funds are available for those purposes.