Water Code - Division 6: Conservation, Development, and Utilization of State Water Resources - Part 2.8: Agricultural Water Management Planning (secs. 10800 - 10853)

WATER CODE - WAT DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) PART 2.8. AGRICULTURAL WATER MANAGEMENT PLANNING [10800 - 10853] ( Repealed and added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. ) CHAPTER 1. General Declarations and Policy [10800 - 10802] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. ) 10800. This part shall be known and may be cited as the Agricultural Water Management Planning Act. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) 10801. The Legislature finds and declares all of the following: (a) The waters of the state are a limited and renewable resource. (b) The California Constitution requires that water in the state be used in a reasonable and beneficial manner. (c) Urban water districts are required to adopt water management plans. (d) The conservation of agricultural water supplies is of great statewide concern. (e) There is a great amount of reuse of delivered water, both inside and outside the water service areas. (f) Significant noncrop beneficial uses are associated with agricultural water use, including streamflows and wildlife habitat. (g) Significant opportunities exist in some areas, through improved irrigation water management, to conserve water or to reduce the quantity of highly saline or toxic drainage water. (h) Changes in water management practices should be carefully planned and implemented to minimize adverse effects on other beneficial uses currently being served. (i) Agricultural water suppliers that receive water from the federal Central Valley Project are required by federal law to prepare and implement water conservation plans. (j) Agricultural water users applying for a permit to appropriate water from the board are required to prepare and implement water conservation plans. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) 10802. javascript:submitCodesValues('10800.','7.16.1','2009','4','4',%20'id 23ea7e4f-10a6-11df-8635-fac6a4a7b1ad') javascript:submitCodesValues('10801.','7.16.1','2009','4','4',%20'id 23eaa561-10a6-11df-8635-fac6a4a7b1ad') javascript:submitCodesValues('10802.','7.16.1','2009','4','4',%20'id 23eaf383-10a6-11df-8635-fac6a4a7b1ad') The Legislature finds and declares that all of the following are the policies of the state: (a) The conservation of water shall be pursued actively to protect both the people of the state and the state’s water resources. (b) The conservation of agricultural water supplies shall be an important criterion in public decisions with regard to water. (c) Agricultural water suppliers shall be required to prepare water management plans to achieve conservation of water. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) CHAPTER 2. Definitions [10810 - 10817] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. ) 10810. Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this part. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) 10811. “Agricultural water management plan” or “plan” means an agricultural water management plan prepared pursuant to this part. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) 10812. “Agricultural water supplier” has the same meaning as defined in Section 10608.12. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) 10813. “Customer” means a purchaser of water from a water supplier who uses water for agricultural purposes. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) 10814. javascript:submitCodesValues('10810.','7.16.2','2009','4','4',%20'id 23eb68b7-10a6-11df-8635-fac6a4a7b1ad') javascript:submitCodesValues('10811.','7.16.2','2009','4','4',%20'id 23eb8fc9-10a6-11df-8635-fac6a4a7b1ad') javascript:submitCodesValues('10812.','7.16.2','2009','4','4',%20'id 23ebb6db-10a6-11df-8635-fac6a4a7b1ad') javascript:submitCodesValues('10813.','7.16.2','2009','4','4',%20'id 23ebb6dd-10a6-11df-8635-fac6a4a7b1ad') javascript:submitCodesValues('10814.','7.16.2','2009','4','4',%20'id 23ebddef-10a6-11df-8635-fac6a4a7b1ad') “Person” means any individual, firm, association, organization, partnership, business, trust, corporation, company, public agency, or any agency of that entity. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) 10815. “Public agency” means any city, county, city and county, special district, or other public entity. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) 10816. “Urban water supplier” has the same meaning as set forth in Section 10617. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) 10817. “Water conservation” means the efficient management of water resources for beneficial uses, preventing waste, or accomplishing additional benefits with the same amount of water. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) ARTICLE 1. General Provisions [10820 - 10821] ( Article 1 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. ) 10820. (a) An agricultural water supplier shall prepare and adopt an agricultural water management plan in the manner set forth in this chapter on or before December 31, 2012, and shall update that plan on December 31, 2015, and on or before December 31 every five years thereafter. (b) Every supplier that becomes an agricultural water supplier after December 31, 2012, shall prepare and adopt an agricultural water management plan within one year after the date it has become an agricultural water supplier. (c) A water supplier that indirectly provides water to customers for agricultural purposes shall not prepare a plan pursuant to this part without the consent of each agricultural water supplier that directly provides that water to its customers. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) javascript:submitCodesValues('10815.','7.16.2','2009','4','4',%20'id 23ec0501-10a6-11df-8635-fac6a4a7b1ad') javascript:submitCodesValues('10816.','7.16.2','2009','4','4',%20'id 23ec2c13-10a6-11df-8635-fac6a4a7b1ad') javascript:submitCodesValues('10817.','7.16.2','2009','4','4',%20'id 23ec5325-10a6-11df-8635-fac6a4a7b1ad') javascript:submitCodesValues('10820.','7.16.3.1','2009','4','4',%20'id 23ecc85b-10a6-11df-8635-fac6a4a7b1ad') 10821. (a) An agricultural water supplier required to prepare a plan pursuant to this part shall notify each city or county within which the supplier provides water supplies that the agricultural water supplier will be preparing the plan or reviewing the plan and considering amendments or changes to the plan. The agricultural water supplier may consult with, and obtain comments from, each city or county that receives notice pursuant to this subdivision. (b) The amendments to, or changes in, the plan shall be adopted and submitted in the manner set forth in Article 3 (commencing with Section 10840). (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) ARTICLE 2. Contents of Plans [10825 - 10829] ( Article 2 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. ) 10825. (a) It is the intent of the Legislature in enacting this part to allow levels of water management planning commensurate with the numbers of customers served and the volume of water supplied. (b) This part does not require the implementation of water conservation programs or practices that are not locally cost effective. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) 10826. An agricultural water management plan shall be adopted in accordance with this chapter. The plan shall do all of the following: (a) Describe the agricultural water supplier and the service area, including all of the following: (1) Size of the service area. (2) Location of the service area and its water management facilities. (3) Terrain and soils. (4) Climate. (5) Operating rules and regulations. (6) Water delivery measurements or calculations. (7) Water rate schedules and billing. (8) Water shortage allocation policies. (b) Describe the quantity and quality of water resources of the agricultural water supplier, including all of the following: (1) Surface water supply. javascript:submitCodesValues('10821.','7.16.3.1','2009','4','4',%20'id 23ecef6d-10a6-11df-8635-fac6a4a7b1ad') javascript:submitCodesValues('10825.','7.16.3.2','2009','4','4',%20'id 23ed3d91-10a6-11df-8635-fac6a4a7b1ad') javascript:submitCodesValues('10826.','7.16.3.2','2009','4','4',%20'id 23ed64a3-10a6-11df-8635-fac6a4a7b1ad') (2) Groundwater supply. (3) Other water supplies. (4) Source water quality monitoring practices. (5) Water uses within the agricultural water supplier’s service area, including all of the following: (A) Agricultural. (B) Environmental. (C) Recreational. (D) Municipal and industrial. (E) Groundwater recharge. (F) Transfers and exchanges. (G) Other water uses. (6) Drainage from the water supplier’s service area. (7) Water accounting, including all of the following: (A) Quantifying the water supplier’s water supplies. (B) Tabulating water uses. (C) Overall water budget. (8) Water supply reliability. (c) Include an analysis, based on available information, of the effect of climate change on future water supplies. (d) Describe previous water management activities. (e) Include in the plan the water use efficiency information required pursuant to Section 10608.48. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) 10827. Agricultural water suppliers that are members of the Agricultural Water Management Council, and that submit water management plans to that council in accordance with the “Memorandum of Understanding Regarding Efficient Water Management Practices By Agricultural Water Suppliers In California,” dated January 1, 1999, may submit the water management plans identifying water demand management measures currently being implemented, or scheduled for implementation, to satisfy the requirements of Section 10826. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) 10828. (a) Agricultural water suppliers that are required to submit water conservation plans to the United States Bureau of Reclamation pursuant to either the Central Valley Project Improvement Act (Public Law 102-575) or the Reclamation Reform javascript:submitCodesValues('10827.','7.16.3.2','2009','4','4',%20'id 23ee27f5-10a6-11df-8635-fac6a4a7b1ad') javascript:submitCodesValues('10828.','7.16.3.2','2009','4','4',%20'id 23ee4f07-10a6-11df-8635-fac6a4a7b1ad') Act of 1982, or both, may submit those water conservation plans to satisfy the requirements of Section 10826, if both of the following apply: (1) The agricultural water supplier has adopted and submitted the water conservation plan to the United States Bureau of Reclamation within the previous four years. (2) The United States Bureau of Reclamation has accepted the water conservation plan as adequate. (b) This part does not require agricultural water suppliers that are required to submit water conservation plans to the United States Bureau of Reclamation pursuant to either the Central Valley Project Improvement Act (Public Law 102 575) or the Reclamation Reform Act of 1982, or both, to prepare and adopt water conservation plans according to a schedule that is different from that required by the United States Bureau of Reclamation. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) 10829. An agricultural water supplier may satisfy the requirements of this part by adopting an urban water management plan pursuant to Part 2.6 (commencing with Section 10610) or by participation in areawide, regional, watershed, or basinwide water management planning if those plans meet or exceed the requirements of this part. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) ARTICLE 3. Adoption and Implementation of Plans [10840 - 10845] ( Article 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. ) 10840. Every agricultural water supplier shall prepare its plan pursuant to Article 2 (commencing with Section 10825). (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) 10841. Prior to adopting a plan, the agricultural water supplier shall make the proposed plan available for public inspection, and shall hold a public hearing on the plan. Prior to the hearing, notice of the time and place of hearing shall be published within the jurisdiction of the publicly owned agricultural water supplier pursuant to Section 6066 of the Government Code. A privately owned agricultural water supplier shall provide an equivalent notice within its service area and shall provide a reasonably equivalent opportunity that would otherwise be afforded javascript:submitCodesValues('10829.','7.16.3.2','2009','4','4',%20'id 23ee7619-10a6-11df-8635-fac6a4a7b1ad') javascript:submitCodesValues('10840.','7.16.3.3','2009','4','4',%20'id 23eeeb4d-10a6-11df-8635-fac6a4a7b1ad') javascript:submitCodesValues('10841.','7.16.3.3','2009','4','4',%20'id 23ef125f-10a6-11df-8635-fac6a4a7b1ad') through a public hearing process for interested parties to provide input on the plan. After the hearing, the plan shall be adopted as prepared or as modified during or after the hearing. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) 10842. An agricultural water supplier shall implement the plan adopted pursuant to this chapter in accordance with the schedule set forth in its plan, as determined by the governing body of the agricultural water supplier. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) 10843. (a) An agricultural water supplier shall submit to the entities identified in subdivision (b) a copy of its plan no later than 30 days after the adoption of the plan. Copies of amendments or changes to the plans shall be submitted to the entities identified in subdivision (b) within 30 days after the adoption of the amendments or changes. (b) An agricultural water supplier shall submit a copy of its plan and amendments or changes to the plan to each of the following entities: (1) The department. (2) Any city, county, or city and county within which the agricultural water supplier provides water supplies. (3) Any groundwater management entity within which jurisdiction the agricultural water supplier extracts or provides water supplies. (4) Any urban water supplier within which jurisdiction the agricultural water supplier provides water supplies. (5) Any city or county library within which jurisdiction the agricultural water supplier provides water supplies. (6) The California State Library. (7) Any local agency formation commission serving a county within which the agricultural water supplier provides water supplies. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) 10844. (a) Not later than 30 days after the date of adopting its plan, the agricultural water supplier shall make the plan available for public review on the agricultural water supplier’s Internet Web site. javascript:submitCodesValues('10842.','7.16.3.3','2009','4','4',%20'id 23ef3971-10a6-11df-8635-fac6a4a7b1ad') javascript:submitCodesValues('10843.','7.16.3.3','2009','4','4',%20'id 23ef6083-10a6-11df-8635-fac6a4a7b1ad') javascript:submitCodesValues('10844.','7.16.3.3','2009','4','4',%20'id 23efaea5-10a6-11df-8635-fac6a4a7b1ad') (b) An agricultural water supplier that does not have an Internet Web site shall submit to the department, not later than 30 days after the date of adopting its plan, a copy of the adopted plan in an electronic format. The department shall make the plan available for public review on the department’s Internet Web site. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) 10845. (a) The department shall prepare and submit to the Legislature, on or before December 31, 2013, and thereafter in the years ending in six and years ending in one, a report summarizing the status of the plans adopted pursuant to this part. (b) The report prepared by the department shall identify the outstanding elements of any plan adopted pursuant to this part. The report shall include an evaluation of the effectiveness of this part in promoting efficient agricultural water management practices and recommendations relating to proposed changes to this part, as appropriate. (c) The department shall provide a copy of the report to each agricultural water supplier that has submitted its plan to the department. The department shall also prepare reports and provide data for any legislative hearing designed to consider the effectiveness of plans submitted pursuant to this part. (d) This section does not authorize the department, in preparing the report, to approve, disapprove, or critique individual plans submitted pursuant to this part. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) CHAPTER 4. Miscellaneous Provisions [10850 - 10853] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. ) 10850. (a) Any action or proceeding to attack, review, set aside, void, or annul the acts or decisions of an agricultural water supplier on the grounds of noncompliance with this part shall be commenced as follows: (1) An action or proceeding alleging failure to adopt a plan shall be commenced within 18 months after that adoption is required by this part. (2) Any action or proceeding alleging that a plan, or action taken pursuant to the plan, does not comply with this part shall be commenced within 120 days after submitting the plan or amendments to the plan to entities in accordance with Section 10844 or the taking of that action. javascript:submitCodesValues('10845.','7.16.3.3','2009','4','4',%20'id 23efd5b7-10a6-11df-8635-fac6a4a7b1ad') javascript:submitCodesValues('10850.','7.16.4','2009','4','4',%20'id 23f023db-10a6-11df-8635-fac6a4a7b1ad') (b) In an action or proceeding to attack, review, set aside, void, or annul a plan, or an action taken pursuant to the plan by an agricultural water supplier, on the grounds of noncompliance with this part, the inquiry shall extend only to whether there was a prejudicial abuse of discretion. Abuse of discretion is established if the agricultural water supplier has not proceeded in a manner required by law, or if the action by the agricultural water supplier is not supported by substantial evidence. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) 10851. The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the preparation and adoption of plans pursuant to this part. This part does not exempt projects for implementation of the plan or for expanded or additional water supplies from the California Environmental Quality Act. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) 10852. An agricultural water supplier is not eligible for a water grant or loan awarded or administered by the state unless the supplier complies with this part. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. Effective February 3, 2010.) 10853. An agricultural water supplier that provides water to less than 25,000 irrigated acres, excluding recycled water, shall not be required to implement the requirements of this part or Part 2.55 (commencing with Section 10608) unless sufficient funding has specifically been provided to that water supplier for these purposes. (Amended by Stats. 2010, Ch. 328, Sec. 236. Effective January 1, 2011.) javascript:submitCodesValues('10851.','7.16.4','2009','4','4',%20'id 23f071fd-10a6-11df-8635-fac6a4a7b1ad') javascript:submitCodesValues('10852.','7.16.4','2009','4','4',%20'id 23f0990f-10a6-11df-8635-fac6a4a7b1ad') javascript:submitCodesValues('10853.','7.16.4','2010','328','236',%20'id bba8f9b5-0903-11e0-aa15-c32f2940181c')