10753. (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.
10753.1. 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.
10753.2. (a) Prior to adopting a resolution of intention to draft a
groundwater management plan, a local agency shall hold a hearing,
after publication of notice pursuant to Section 6066 of the
Government Code, on whether or not to adopt a resolution of intention
to draft a groundwater management plan pursuant to this part for the
purposes of implementing the plan and establishing a groundwater
management program.
(b) At the conclusion of the hearing, the local agency may draft a
resolution of intention to adopt a groundwater management plan
pursuant to this part for the purposes of implementing the plan and
establishing a groundwater management program.
10753.3. (a) After the conclusion of the hearing, and if the local
agency adopts a resolution of intention, the local agency shall
publish the resolution of intention in the same manner that notice
for the hearing held under Section 10753.2 was published.
(b) Upon written request, the local agency shall provide any
interested person with a copy of the resolution of intention.
10753.4. (a) The local agency shall prepare a groundwater
management plan within two years of the date of the adoption of the
resolution of intention. If the plan is not adopted within two years,
the resolution of intention expires, and no plan may be adopted
except pursuant to a new resolution of intention adopted in
accordance with this chapter.
(b) For the purposes of carrying out this part, the local agency
shall make available to the public a written statement describing the
manner in which interested parties may participate in developing the
groundwater management plan. The local agency may appoint, and
consult with, a technical advisory committee consisting of interested
parties for the purposes of carrying out this part.
10753.5. (a) After a groundwater management plan is prepared, the
local agency shall hold a second hearing to determine whether to
adopt the plan. Notice of the hearing shall be given pursuant to
Section 6066 of the Government Code. The notice shall include a
summary of the plan and shall state that copies of the plan may be
obtained for the cost of reproduction at the office of the local
agency.
(b) At the second hearing, the local agency shall consider
protests to the adoption of the plan. At any time prior to the
conclusion of the second hearing, any landowner within the local
agency may file a written protest or withdraw a protest previously
filed.
10753.6. (a) A written protest filed by a landowner shall include
the landowner's signature and a description of the land owned
sufficient to identify the land. A public agency owning land is
deemed to be a landowner for the purpose of making a written protest.
(b) The secretary of the local agency shall compare the names and
property descriptions on the protest against the property ownership
records of the county assessors.
(c) (1) A majority protest shall be determined to exist if the
governing board of the local agency finds that the protests filed and
not withdrawn prior to the conclusion of the second hearing
represent more than 50 percent of the assessed value of the land
within the local agency subject to groundwater management pursuant to
this part.
(2) If the local agency determines that a majority protest exists,
the groundwater plan may not be adopted and the local agency shall
not consider adopting a plan for the area proposed to be included
within the program for a period of one year after the date of the
second hearing.
(3) If a majority protest has not been filed, the local agency,
within 35 days after the conclusion of the second hearing, may adopt
the groundwater management plan.
10753.7. (a) For the purposes of qualifying as a groundwater
management plan under this section, a plan shall contain the
components that are set forth in this section. In addition to the
requirements of a specific funding program, any local agency seeking
state funds administered by the department for the construction of
groundwater projects or groundwater quality projects, excluding
programs that are funded under Part 2.78 (commencing with Section
10795), shall do all of the following:
(1) Prepare and implement a groundwater management plan that
includes basin management objectives for the groundwater basin that
is subject to the plan. The plan shall include components relating to
the monitoring and management of groundwater levels within the
groundwater basin, groundwater quality degradation, inelastic land
surface subsidence, and changes in surface flow and surface water
quality that directly affect groundwater levels or quality or are
caused by groundwater pumping in the basin.
(2) For the purposes of carrying out paragraph (1), the local
agency shall prepare a plan to involve other agencies that enables
the local agency to work cooperatively with other public entities
whose service area or boundary overlies the groundwater basin.
(3) For the purposes of carrying out paragraph (1), the local
agency shall prepare a map that details the area of the groundwater
basin, as defined in the department's Bulletin No. 118, and the area
of the local agency, that will be subject to the plan, as well as the
boundaries of other local agencies that overlie the basin in which
the agency is developing a groundwater management plan.
(4) The local agency shall adopt monitoring protocols that are
designed to detect changes in groundwater levels, groundwater
quality, inelastic surface subsidence for basins for which subsidence
has been identified as a potential problem, and flow and quality of
surface water that directly affect groundwater levels or quality or
are caused by groundwater pumping in the basin. The monitoring
protocols shall be designed to generate information that promotes
efficient and effective groundwater management.
(5) Local agencies that are located in areas outside the
groundwater basins delineated on the latest edition of the department'
s groundwater basin and subbasin map shall prepare groundwater
management plans incorporating the components in this subdivision,
and shall use geologic and hydrologic principles appropriate to those
areas.
(b) (1) (A) A local agency may receive state funds administered by
the department for the construction of groundwater projects or for
other projects that directly affect groundwater levels or quality if
it prepares and implements, participates in, or consents to be
subject to, a groundwater management plan, a basinwide management
plan, or other integrated regional water management program or plan
that meets, or is in the process of meeting, the requirements of
subdivision (a). A local agency with an existing groundwater
management plan that meets the requirements of subdivision (a), or a
local agency that completes an upgrade of its plan to meet the
requirements of subdivision (a) within one year of applying for
funds, shall be given priority consideration for state funds
administered by the department over local agencies that are in the
process of developing a groundwater management plan. The department
shall withhold funds from the project until the upgrade of the
groundwater management plan is complete.
(B) Notwithstanding subparagraph (A), a local agency that manages
groundwater under any other provision of existing law that meets the
requirements of subdivision (a), or that completes an upgrade of its
plan to meet the requirements of subdivision (a) within one year of
applying for funding, shall be eligible for funding administered by
the department. The department shall withhold funds from a project
until the upgrade of the groundwater management plan is complete.
(C) Notwithstanding subparagraph (A), a local agency that conforms
to the requirements of an adjudication of water rights in the
groundwater basin is in compliance with subdivision (a). For purposes
of this section, an "adjudication" includes an adjudication under
Section 2101, an administrative adjudication, and an adjudication in
state or federal court.
(D) Subparagraphs (A) and (B) do not apply to proposals for
funding under Part 2.78 (commencing with Section 10795), or to funds
authorized or appropriated prior to September 1, 2002.
(2) Upon the adoption of a groundwater management plan in
accordance with this part, the local agency shall submit a copy of
the plan to the department, in an electronic format, if practicable,
approved by the department. The department shall make available to
the public copies of the plan received pursuant to this part.
10753.8. A groundwater management plan may include components
relating to all of the following:
(a) The control of saline water intrusion.
(b) Identification and management of wellhead protection areas and
recharge areas.
(c) Regulation of the migration of contaminated groundwater.
(d) The administration of a well abandonment and well destruction
program.
(e) Mitigation of conditions of overdraft.
(f) Replenishment of groundwater extracted by water producers.
(g) Monitoring of groundwater levels and storage.
(h) Facilitating conjunctive use operations.
(i) Identification of well construction policies.
(j) The construction and operation by the local agency of
groundwater contamination cleanup, recharge, storage, conservation,
water recycling, and extraction projects.
(k) The development of relationships with state and federal
regulatory agencies.
(l) The review of land use plans and coordination with land use
planning agencies to assess activities which create a reasonable risk
of groundwater contamination.
10753.9. (a) A local agency shall adopt rules and regulations to
implement and enforce a groundwater management plan adopted pursuant
to this part.
(b) Nothing in this part shall be construed as authorizing the
local agency to make a binding determination of the water rights of
any person or entity.
(c) Nothing in this part shall be construed as authorizing the
local agency to limit or suspend extractions unless the local agency
has determined through study and investigation that groundwater
replenishment programs or other alternative sources of water supply
have proved insufficient or infeasible to lessen the demand for
groundwater.
10753.10. 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.
10753. (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.
10753.1. 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.
10753.2. (a) Prior to adopting a resolution of intention to draft a
groundwater management plan, a local agency shall hold a hearing,
after publication of notice pursuant to Section 6066 of the
Government Code, on whether or not to adopt a resolution of intention
to draft a groundwater management plan pursuant to this part for the
purposes of implementing the plan and establishing a groundwater
management program.
(b) At the conclusion of the hearing, the local agency may draft a
resolution of intention to adopt a groundwater management plan
pursuant to this part for the purposes of implementing the plan and
establishing a groundwater management program.
10753.3. (a) After the conclusion of the hearing, and if the local
agency adopts a resolution of intention, the local agency shall
publish the resolution of intention in the same manner that notice
for the hearing held under Section 10753.2 was published.
(b) Upon written request, the local agency shall provide any
interested person with a copy of the resolution of intention.
10753.4. (a) The local agency shall prepare a groundwater
management plan within two years of the date of the adoption of the
resolution of intention. If the plan is not adopted within two years,
the resolution of intention expires, and no plan may be adopted
except pursuant to a new resolution of intention adopted in
accordance with this chapter.
(b) For the purposes of carrying out this part, the local agency
shall make available to the public a written statement describing the
manner in which interested parties may participate in developing the
groundwater management plan. The local agency may appoint, and
consult with, a technical advisory committee consisting of interested
parties for the purposes of carrying out this part.
10753.5. (a) After a groundwater management plan is prepared, the
local agency shall hold a second hearing to determine whether to
adopt the plan. Notice of the hearing shall be given pursuant to
Section 6066 of the Government Code. The notice shall include a
summary of the plan and shall state that copies of the plan may be
obtained for the cost of reproduction at the office of the local
agency.
(b) At the second hearing, the local agency shall consider
protests to the adoption of the plan. At any time prior to the
conclusion of the second hearing, any landowner within the local
agency may file a written protest or withdraw a protest previously
filed.
10753.6. (a) A written protest filed by a landowner shall include
the landowner's signature and a description of the land owned
sufficient to identify the land. A public agency owning land is
deemed to be a landowner for the purpose of making a written protest.
(b) The secretary of the local agency shall compare the names and
property descriptions on the protest against the property ownership
records of the county assessors.
(c) (1) A majority protest shall be determined to exist if the
governing board of the local agency finds that the protests filed and
not withdrawn prior to the conclusion of the second hearing
represent more than 50 percent of the assessed value of the land
within the local agency subject to groundwater management pursuant to
this part.
(2) If the local agency determines that a majority protest exists,
the groundwater plan may not be adopted and the local agency shall
not consider adopting a plan for the area proposed to be included
within the program for a period of one year after the date of the
second hearing.
(3) If a majority protest has not been filed, the local agency,
within 35 days after the conclusion of the second hearing, may adopt
the groundwater management plan.
10753.7. (a) For the purposes of qualifying as a groundwater
management plan under this section, a plan shall contain the
components that are set forth in this section. In addition to the
requirements of a specific funding program, any local agency seeking
state funds administered by the department for the construction of
groundwater projects or groundwater quality projects, excluding
programs that are funded under Part 2.78 (commencing with Section
10795), shall do all of the following:
(1) Prepare and implement a groundwater management plan that
includes basin management objectives for the groundwater basin that
is subject to the plan. The plan shall include components relating to
the monitoring and management of groundwater levels within the
groundwater basin, groundwater quality degradation, inelastic land
surface subsidence, and changes in surface flow and surface water
quality that directly affect groundwater levels or quality or are
caused by groundwater pumping in the basin.
(2) For the purposes of carrying out paragraph (1), the local
agency shall prepare a plan to involve other agencies that enables
the local agency to work cooperatively with other public entities
whose service area or boundary overlies the groundwater basin.
(3) For the purposes of carrying out paragraph (1), the local
agency shall prepare a map that details the area of the groundwater
basin, as defined in the department's Bulletin No. 118, and the area
of the local agency, that will be subject to the plan, as well as the
boundaries of other local agencies that overlie the basin in which
the agency is developing a groundwater management plan.
(4) The local agency shall adopt monitoring protocols that are
designed to detect changes in groundwater levels, groundwater
quality, inelastic surface subsidence for basins for which subsidence
has been identified as a potential problem, and flow and quality of
surface water that directly affect groundwater levels or quality or
are caused by groundwater pumping in the basin. The monitoring
protocols shall be designed to generate information that promotes
efficient and effective groundwater management.
(5) Local agencies that are located in areas outside the
groundwater basins delineated on the latest edition of the department'
s groundwater basin and subbasin map shall prepare groundwater
management plans incorporating the components in this subdivision,
and shall use geologic and hydrologic principles appropriate to those
areas.
(b) (1) (A) A local agency may receive state funds administered by
the department for the construction of groundwater projects or for
other projects that directly affect groundwater levels or quality if
it prepares and implements, participates in, or consents to be
subject to, a groundwater management plan, a basinwide management
plan, or other integrated regional water management program or plan
that meets, or is in the process of meeting, the requirements of
subdivision (a). A local agency with an existing groundwater
management plan that meets the requirements of subdivision (a), or a
local agency that completes an upgrade of its plan to meet the
requirements of subdivision (a) within one year of applying for
funds, shall be given priority consideration for state funds
administered by the department over local agencies that are in the
process of developing a groundwater management plan. The department
shall withhold funds from the project until the upgrade of the
groundwater management plan is complete.
(B) Notwithstanding subparagraph (A), a local agency that manages
groundwater under any other provision of existing law that meets the
requirements of subdivision (a), or that completes an upgrade of its
plan to meet the requirements of subdivision (a) within one year of
applying for funding, shall be eligible for funding administered by
the department. The department shall withhold funds from a project
until the upgrade of the groundwater management plan is complete.
(C) Notwithstanding subparagraph (A), a local agency that conforms
to the requirements of an adjudication of water rights in the
groundwater basin is in compliance with subdivision (a). For purposes
of this section, an "adjudication" includes an adjudication under
Section 2101, an administrative adjudication, and an adjudication in
state or federal court.
(D) Subparagraphs (A) and (B) do not apply to proposals for
funding under Part 2.78 (commencing with Section 10795), or to funds
authorized or appropriated prior to September 1, 2002.
(2) Upon the adoption of a groundwater management plan in
accordance with this part, the local agency shall submit a copy of
the plan to the department, in an electronic format, if practicable,
approved by the department. The department shall make available to
the public copies of the plan received pursuant to this part.
10753.8. A groundwater management plan may include components
relating to all of the following:
(a) The control of saline water intrusion.
(b) Identification and management of wellhead protection areas and
recharge areas.
(c) Regulation of the migration of contaminated groundwater.
(d) The administration of a well abandonment and well destruction
program.
(e) Mitigation of conditions of overdraft.
(f) Replenishment of groundwater extracted by water producers.
(g) Monitoring of groundwater levels and storage.
(h) Facilitating conjunctive use operations.
(i) Identification of well construction policies.
(j) The construction and operation by the local agency of
groundwater contamination cleanup, recharge, storage, conservation,
water recycling, and extraction projects.
(k) The development of relationships with state and federal
regulatory agencies.
(l) The review of land use plans and coordination with land use
planning agencies to assess activities which create a reasonable risk
of groundwater contamination.
10753.9. (a) A local agency shall adopt rules and regulations to
implement and enforce a groundwater management plan adopted pursuant
to this part.
(b) Nothing in this part shall be construed as authorizing the
local agency to make a binding determination of the water rights of
any person or entity.
(c) Nothing in this part shall be construed as authorizing the
local agency to limit or suspend extractions unless the local agency
has determined through study and investigation that groundwater
replenishment programs or other alternative sources of water supply
have proved insufficient or infeasible to lessen the demand for
groundwater.
10753.10. 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.
10753. (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.
10753.1. 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.
10753.2. (a) Prior to adopting a resolution of intention to draft a
groundwater management plan, a local agency shall hold a hearing,
after publication of notice pursuant to Section 6066 of the
Government Code, on whether or not to adopt a resolution of intention
to draft a groundwater management plan pursuant to this part for the
purposes of implementing the plan and establishing a groundwater
management program.
(b) At the conclusion of the hearing, the local agency may draft a
resolution of intention to adopt a groundwater management plan
pursuant to this part for the purposes of implementing the plan and
establishing a groundwater management program.
10753.3. (a) After the conclusion of the hearing, and if the local
agency adopts a resolution of intention, the local agency shall
publish the resolution of intention in the same manner that notice
for the hearing held under Section 10753.2 was published.
(b) Upon written request, the local agency shall provide any
interested person with a copy of the resolution of intention.
10753.4. (a) The local agency shall prepare a groundwater
management plan within two years of the date of the adoption of the
resolution of intention. If the plan is not adopted within two years,
the resolution of intention expires, and no plan may be adopted
except pursuant to a new resolution of intention adopted in
accordance with this chapter.
(b) For the purposes of carrying out this part, the local agency
shall make available to the public a written statement describing the
manner in which interested parties may participate in developing the
groundwater management plan. The local agency may appoint, and
consult with, a technical advisory committee consisting of interested
parties for the purposes of carrying out this part.
10753.5. (a) After a groundwater management plan is prepared, the
local agency shall hold a second hearing to determine whether to
adopt the plan. Notice of the hearing shall be given pursuant to
Section 6066 of the Government Code. The notice shall include a
summary of the plan and shall state that copies of the plan may be
obtained for the cost of reproduction at the office of the local
agency.
(b) At the second hearing, the local agency shall consider
protests to the adoption of the plan. At any time prior to the
conclusion of the second hearing, any landowner within the local
agency may file a written protest or withdraw a protest previously
filed.
10753.6. (a) A written protest filed by a landowner shall include
the landowner's signature and a description of the land owned
sufficient to identify the land. A public agency owning land is
deemed to be a landowner for the purpose of making a written protest.
(b) The secretary of the local agency shall compare the names and
property descriptions on the protest against the property ownership
records of the county assessors.
(c) (1) A majority protest shall be determined to exist if the
governing board of the local agency finds that the protests filed and
not withdrawn prior to the conclusion of the second hearing
represent more than 50 percent of the assessed value of the land
within the local agency subject to groundwater management pursuant to
this part.
(2) If the local agency determines that a majority protest exists,
the groundwater plan may not be adopted and the local agency shall
not consider adopting a plan for the area proposed to be included
within the program for a period of one year after the date of the
second hearing.
(3) If a majority protest has not been filed, the local agency,
within 35 days after the conclusion of the second hearing, may adopt
the groundwater management plan.
10753.7. (a) For the purposes of qualifying as a groundwater
management plan under this section, a plan shall contain the
components that are set forth in this section. In addition to the
requirements of a specific funding program, any local agency seeking
state funds administered by the department for the construction of
groundwater projects or groundwater quality projects, excluding
programs that are funded under Part 2.78 (commencing with Section
10795), shall do all of the following:
(1) Prepare and implement a groundwater management plan that
includes basin management objectives for the groundwater basin that
is subject to the plan. The plan shall include components relating to
the monitoring and management of groundwater levels within the
groundwater basin, groundwater quality degradation, inelastic land
surface subsidence, and changes in surface flow and surface water
quality that directly affect groundwater levels or quality or are
caused by groundwater pumping in the basin.
(2) For the purposes of carrying out paragraph (1), the local
agency shall prepare a plan to involve other agencies that enables
the local agency to work cooperatively with other public entities
whose service area or boundary overlies the groundwater basin.
(3) For the purposes of carrying out paragraph (1), the local
agency shall prepare a map that details the area of the groundwater
basin, as defined in the department's Bulletin No. 118, and the area
of the local agency, that will be subject to the plan, as well as the
boundaries of other local agencies that overlie the basin in which
the agency is developing a groundwater management plan.
(4) The local agency shall adopt monitoring protocols that are
designed to detect changes in groundwater levels, groundwater
quality, inelastic surface subsidence for basins for which subsidence
has been identified as a potential problem, and flow and quality of
surface water that directly affect groundwater levels or quality or
are caused by groundwater pumping in the basin. The monitoring
protocols shall be designed to generate information that promotes
efficient and effective groundwater management.
(5) Local agencies that are located in areas outside the
groundwater basins delineated on the latest edition of the department'
s groundwater basin and subbasin map shall prepare groundwater
management plans incorporating the components in this subdivision,
and shall use geologic and hydrologic principles appropriate to those
areas.
(b) (1) (A) A local agency may receive state funds administered by
the department for the construction of groundwater projects or for
other projects that directly affect groundwater levels or quality if
it prepares and implements, participates in, or consents to be
subject to, a groundwater management plan, a basinwide management
plan, or other integrated regional water management program or plan
that meets, or is in the process of meeting, the requirements of
subdivision (a). A local agency with an existing groundwater
management plan that meets the requirements of subdivision (a), or a
local agency that completes an upgrade of its plan to meet the
requirements of subdivision (a) within one year of applying for
funds, shall be given priority consideration for state funds
administered by the department over local agencies that are in the
process of developing a groundwater management plan. The department
shall withhold funds from the project until the upgrade of the
groundwater management plan is complete.
(B) Notwithstanding subparagraph (A), a local agency that manages
groundwater under any other provision of existing law that meets the
requirements of subdivision (a), or that completes an upgrade of its
plan to meet the requirements of subdivision (a) within one year of
applying for funding, shall be eligible for funding administered by
the department. The department shall withhold funds from a project
until the upgrade of the groundwater management plan is complete.
(C) Notwithstanding subparagraph (A), a local agency that conforms
to the requirements of an adjudication of water rights in the
groundwater basin is in compliance with subdivision (a). For purposes
of this section, an "adjudication" includes an adjudication under
Section 2101, an administrative adjudication, and an adjudication in
state or federal court.
(D) Subparagraphs (A) and (B) do not apply to proposals for
funding under Part 2.78 (commencing with Section 10795), or to funds
authorized or appropriated prior to September 1, 2002.
(2) Upon the adoption of a groundwater management plan in
accordance with this part, the local agency shall submit a copy of
the plan to the department, in an electronic format, if practicable,
approved by the department. The department shall make available to
the public copies of the plan received pursuant to this part.
10753.8. A groundwater management plan may include components
relating to all of the following:
(a) The control of saline water intrusion.
(b) Identification and management of wellhead protection areas and
recharge areas.
(c) Regulation of the migration of contaminated groundwater.
(d) The administration of a well abandonment and well destruction
program.
(e) Mitigation of conditions of overdraft.
(f) Replenishment of groundwater extracted by water producers.
(g) Monitoring of groundwater levels and storage.
(h) Facilitating conjunctive use operations.
(i) Identification of well construction policies.
(j) The construction and operation by the local agency of
groundwater contamination cleanup, recharge, storage, conservation,
water recycling, and extraction projects.
(k) The development of relationships with state and federal
regulatory agencies.
(l) The review of land use plans and coordination with land use
planning agencies to assess activities which create a reasonable risk
of groundwater contamination.
10753.9. (a) A local agency shall adopt rules and regulations to
implement and enforce a groundwater management plan adopted pursuant
to this part.
(b) Nothing in this part shall be construed as authorizing the
local agency to make a binding determination of the water rights of
any person or entity.
(c) Nothing in this part shall be construed as authorizing the
local agency to limit or suspend extractions unless the local agency
has determined through study and investigation that groundwater
replenishment programs or other alternative sources of water supply
have proved insufficient or infeasible to lessen the demand for
groundwater.
10753.10. 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.
