SECTIONS 79170-79183 - California Statutes

WATER CODE

SECTION 79170-79183

79170. The Legislature finds and declares that the conjunctive
management of surface water and groundwater is an effective way to
improve the reliability of water supply for all sectors in
California.

79171. Unless the context otherwise requires, the following
definitions govern the construction of this article:
(a) "Conjunctive use" means the temporary storage of water in a
groundwater aquifer through intentional recharge and subsequent
extraction for later use. Storage is accomplished by either of the
following methods:
(1) "Direct recharge" of an aquifer by conducting surface water
into the ground by various means, including, without limitation,
spreading ponds and injection wells for the purpose of making the
water stored in the aquifer available for extraction and later use in
drier years.
(2) "In-lieu recharge" means increasing the amount of groundwater
available in an aquifer by substituting surface water supplies to a
user who would otherwise pump groundwater.
(b) "Conjunctive use facilities" include land and appurtenant
facilities for any phase of a conjunctive use operation. Appurtenant
facilities may include subsurface storage, treatment, conveyance,
recharge ponds, injection wells, spreading grounds, monitoring,
measurements, subsidence detection, flow regulation, detention basins
to facilitate recharge, diversion facilities, and extraction
facilities.
(c) "Conjunctive use project" means a project that is intended to
produce water supply benefits for the local agency or a project that
is intended to produce water supply benefits for water users,
including the environment, in addition to the local agency.
(d) "Local agency" means any city, county, city and county,
district, joint powers authority, mutual water company, or other
political subdivision of the state.
(e) "Project participants" means any public agency participating
in, and benefiting from, a conjunctive use project under this
article.
(f) "Subaccount" means the Conjunctive Use Subaccount created by
Section 79172.

79172. There is hereby created in the account the Conjunctive Use
Subaccount.

79173. The sum of two hundred million dollars ($200,000,000) is
hereby transferred from the account to the subaccount for the
purposes of implementing this article.

79174. The money in the subaccount, upon appropriation by the
Legislature to the department, may be used by the department for
grants for feasibility studies, project design, or the construction
of conjunctive use projects on a pilot or operational scale.

79175. Not more than 5 percent of the total amount deposited in the
subaccount may be expended for purposes of financing feasibility
studies.

79176. For the purpose of approving projects pursuant to this
article, the department shall give priority to those projects for
which there is available third-party funds from any source other than
the Central Valley Project Restoration Fund authorized by the
Central Valley Project Improvement Act. The department shall also
take into consideration all of the following with regard to each
proposed project:
(a) The magnitude of the actual increase in water supply yield and
reliability compared to preexisting conditions.
(b) The consistency with the plans or recommendations proposed by
CALFED.
(c) The distribution of the benefits to water supply and to the
environment.
(d) The availability of the storage for conserved water.
(e) The technical and environmental suitability of the groundwater
basin for conjunctive use.
(f) The potential to reduce critically overdrafted conditions in a
groundwater basin.
(g) The need for the project.
(h) The potential to alleviate salt water intrusion into
groundwater basins or other groundwater quality degradation.
(i) The economic, engineering, and hydrogeologic justification for
the project.
(j) The availability of third-party or local matching funds from
any source other than the Central Valley Project Restoration Fund
authorized by the Central Valley Project Improvement Act.
(k) The involvement of one or more local agencies whose
jurisdiction or water service area overlies or is adjacent to the
aquifer utilized to store water.
(l) The potential to reduce dry year demand for surface water
under existing contracts.
(m) The existence of a system for the recovery of the stored water
or an agreement with the department or a local agency for the
installation of that system.
(n) Whether the project is located in an area that is subject to a
groundwater management program.

79177. To be eligible for funding for the construction of a
conjunctive use project under this article, an applicant that is
other than a local agency shall be required to carry out that project
with the participation of a local agency. The department or a local
agency may provide technical assistance, coordination, or any other
assistance in implementing a project or study if requested by the
participating local agency.

79178. No construction project may receive more than fifty million
dollars ($50,000,000) from the subaccount.

79179. Not more than 5 percent of the total amount deposited in the
subaccount may be used to pay the costs incurred in connection with
the administration of this article.

79180. Not less than 40 percent of the total amount deposited in
the subaccount shall be expended for studies, projects, and
facilities within watersheds of the central valley.

79181. (a) A project undertaken pursuant to this article shall
fully protect and preserve the groundwater rights of the overlying
landowners and shall fully protect and preserve the water rights of
the project participants. The department shall not provide funding
for a project unless it determines that the project will be designed
and operated in a manner that ensures that other users of the same or
a hydrologically related aquifer will not suffer any unreasonable
diminution of the quantity or quality of their groundwater supplies
or incur additional uncompensated expense as a result of the
implementation of the project.
(b) For the purposes of receiving funding for a conjunctive use
project pursuant to this article, the applicant shall be required to
do both of the following:
(1) Provide for a continuing groundwater monitoring and mitigation
program.
(2) Limit the extraction of the groundwater to not more than the
amount of water that is stored or recharged by the project
participants or the amount that complies with all laws and contract
terms governing the extraction, appropriation, and use of groundwater
by the project participants.
(c) Persons and agencies participating in the project may not
assert a claim or file a cause of action against an overlying
landowner who is not exceeding either of the following:
(1) The overlying landowner's historic rate of groundwater
pumping.
(2) The full amount of groundwater to which the overlying
landowner would be entitled to under state law regarding rights to
groundwater and reasonable beneficial use on the landowner's land
that overlies the groundwater.
(d) The overlying landowners may not assert a claim or file a
cause of action against the persons or agencies participating in the
project if the project is implemented in compliance with this
section, except as provided by contract between the project
participants.
(e) Nothing in this article modifies state law with regard to
groundwater rights, regulation, or management.

79182. In carrying out this article and awarding grants, the
department shall convene and consult with an advisory committee
comprised of technically qualified representatives of local water
agencies, project participants, environmental interests, agricultural
laborer interests, and interests representing farmers who use
groundwater. The advisory committee shall be geographically balanced
to reflect the communities that use water in the Central Valley. If a
member of the advisory committee, or a member of his or her
immediate family, is employed by a grant applicant or the employer of
a grant applicant, the committee members shall make that disclosure
to the other members of the committee and shall not participate in
the review of the grant application of that applicant.

79183. The department may adopt regulations to carry out this
article.