10910. (a) Any city or county that determines that a project, as
defined in Section 10912, is subject to the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) under Section 21080 of the Public Resources
Code shall comply with this part.
(b) The city or county, at the time that it determines whether an
environmental impact report, a negative declaration, or a mitigated
negative declaration is required for any project subject to the
California Environmental Quality Act pursuant to Section 21080.1 of
the Public Resources Code, shall identify any water system that is,
or may become as a result of supplying water to the project
identified pursuant to this subdivision, a public water system, as
defined in Section 10912, that may supply water for the project. If
the city or county is not able to identify any public water system
that may supply water for the project, the city or county shall
prepare the water assessment required by this part after consulting
with any entity serving domestic water supplies whose service area
includes the project site, the local agency formation commission, and
any public water system adjacent to the project site.
(c) (1) The city or county, at the time it makes the determination
required under Section 21080.1 of the Public Resources Code, shall
request each public water system identified pursuant to subdivision
(b) to determine whether the projected water demand associated with a
proposed project was included as part of the most recently adopted
urban water management plan adopted pursuant to Part 2.6 (commencing
with Section 10610).
(2) If the projected water demand associated with the proposed
project was accounted for in the most recently adopted urban water
management plan, the public water system may incorporate the
requested information from the urban water management plan in
preparing the elements of the assessment required to comply with
subdivisions (d), (e), (f), and (g).
(3) If the projected water demand associated with the proposed
project was not accounted for in the most recently adopted urban
water management plan, or the public water system has no urban water
management plan, the water supply assessment for the project shall
include a discussion with regard to whether the public water system's
total projected water supplies available during normal, single dry,
and multiple dry water years during a 20-year projection will meet
the projected water demand associated with the proposed project, in
addition to the public water system's existing and planned future
uses, including agricultural and manufacturing uses.
(4) If the city or county is required to comply with this part
pursuant to subdivision (b), the water supply assessment for the
project shall include a discussion with regard to whether the total
projected water supplies, determined to be available by the city or
county for the project during normal, single dry, and multiple dry
water years during a 20-year projection, will meet the projected
water demand associated with the proposed project, in addition to
existing and planned future uses, including agricultural and
manufacturing uses.
(d) (1) The assessment required by this section shall include an
identification of any existing water supply entitlements, water
rights, or water service contracts relevant to the identified water
supply for the proposed project, and a description of the quantities
of water received in prior years by the public water system, or the
city or county if either is required to comply with this part
pursuant to subdivision (b), under the existing water supply
entitlements, water rights, or water service contracts.
(2) An identification of existing water supply entitlements, water
rights, or water service contracts held by the public water system,
or the city or county if either is required to comply with this part
pursuant to subdivision (b), shall be demonstrated by providing
information related to all of the following:
(A) Written contracts or other proof of entitlement to an
identified water supply.
(B) Copies of a capital outlay program for financing the delivery
of a water supply that has been adopted by the public water system.
(C) Federal, state, and local permits for construction of
necessary infrastructure associated with delivering the water supply.
(D) Any necessary regulatory approvals that are required in order
to be able to convey or deliver the water supply.
(e) If no water has been received in prior years by the public
water system, or the city or county if either is required to comply
with this part pursuant to subdivision (b), under the existing water
supply entitlements, water rights, or water service contracts, the
public water system, or the city or county if either is required to
comply with this part pursuant to subdivision (b), shall also include
in its water supply assessment pursuant to subdivision (c), an
identification of the other public water systems or water service
contractholders that receive a water supply or have existing water
supply entitlements, water rights, or water service contracts, to the
same source of water as the public water system, or the city or
county if either is required to comply with this part pursuant to
subdivision (b), has identified as a source of water supply within
its water supply assessments.
(f) If a water supply for a proposed project includes groundwater,
the following additional information shall be included in the water
supply assessment:
(1) A review of any information contained in the urban water
management plan relevant to the identified water supply for the
proposed project.
(2) A description of any groundwater basin or basins from which
the proposed project will be supplied. For those basins for which a
court or the board has adjudicated the rights to pump groundwater, a
copy of the order or decree adopted by the court or the board and a
description of the amount of groundwater the public water system, or
the city or county if either is required to comply with this part
pursuant to subdivision (b), has the legal right to pump under the
order or decree. For basins that have not been adjudicated,
information as to whether the department has identified the basin or
basins as overdrafted or has projected that the basin will become
overdrafted if present management conditions continue, in the most
current bulletin of the department that characterizes the condition
of the groundwater basin, and a detailed description by the public
water system, or the city or county if either is required to comply
with this part pursuant to subdivision (b), of the efforts being
undertaken in the basin or basins to eliminate the long-term
overdraft condition.
(3) A detailed description and analysis of the amount and location
of groundwater pumped by the public water system, or the city or
county if either is required to comply with this part pursuant to
subdivision (b), for the past five years from any groundwater basin
from which the proposed project will be supplied. The description and
analysis shall be based on information that is reasonably available,
including, but not limited to, historic use records.
(4) A detailed description and analysis of the amount and location
of groundwater that is projected to be pumped by the public water
system, or the city or county if either is required to comply with
this part pursuant to subdivision (b), from any basin from which the
proposed project will be supplied. The description and analysis shall
be based on information that is reasonably available, including, but
not limited to, historic use records.
(5) An analysis of the sufficiency of the groundwater from the
basin or basins from which the proposed project will be supplied to
meet the projected water demand associated with the proposed project.
A water supply assessment shall not be required to include the
information required by this paragraph if the public water system
determines, as part of the review required by paragraph (1), that the
sufficiency of groundwater necessary to meet the initial and
projected water demand associated with the project was addressed in
the description and analysis required by paragraph (4) of subdivision
(b) of Section 10631.
(g) (1) Subject to paragraph (2), the governing body of each
public water system shall submit the assessment to the city or county
not later than 90 days from the date on which the request was
received. The governing body of each public water system, or the city
or county if either is required to comply with this act pursuant to
subdivision (b), shall approve the assessment prepared pursuant to
this section at a regular or special meeting.
(2) Prior to the expiration of the 90-day period, if the public
water system intends to request an extension of time to prepare and
adopt the assessment, the public water system shall meet with the
city or county to request an extension of time, which shall not
exceed 30 days, to prepare and adopt the assessment.
(3) If the public water system fails to request an extension of
time, or fails to submit the assessment notwithstanding the extension
of time granted pursuant to paragraph (2), the city or county may
seek a writ of mandamus to compel the governing body of the public
water system to comply with the requirements of this part relating to
the submission of the water supply assessment.
(h) Notwithstanding any other provision of this part, if a project
has been the subject of a water supply assessment that complies with
the requirements of this part, no additional water supply assessment
shall be required for subsequent projects that were part of a larger
project for which a water supply assessment was completed and that
has complied with the requirements of this part and for which the
public water system, or the city or county if either is required to
comply with this part pursuant to subdivision (b), has concluded that
its water supplies are sufficient to meet the projected water demand
associated with the proposed project, in addition to the existing
and planned future uses, including, but not limited to, agricultural
and industrial uses, unless one or more of the following changes
occurs:
(1) Changes in the project that result in a substantial increase
in water demand for the project.
(2) Changes in the circumstances or conditions substantially
affecting the ability of the public water system, or the city or
county if either is required to comply with this part pursuant to
subdivision (b), to provide a sufficient supply of water for the
project.
(3) Significant new information becomes available which was not
known and could not have been known at the time when the assessment
was prepared.
10911. (a) If, as a result of its assessment, the public water
system concludes that its water supplies are, or will be,
insufficient, the public water system shall provide to the city or
county its plans for acquiring additional water supplies, setting
forth the measures that are being undertaken to acquire and develop
those water supplies. If the city or county, if either is required to
comply with this part pursuant to subdivision (b), concludes as a
result of its assessment, that water supplies are, or will be,
insufficient, the city or county shall include in its water supply
assessment its plans for acquiring additional water supplies, setting
forth the measures that are being undertaken to acquire and develop
those water supplies. Those plans may include, but are not limited
to, information concerning all of the following:
(1) The estimated total costs, and the proposed method of
financing the costs, associated with acquiring the additional water
supplies.
(2) All federal, state, and local permits, approvals, or
entitlements that are anticipated to be required in order to acquire
and develop the additional water supplies.
(3) Based on the considerations set forth in paragraphs (1) and
(2), the estimated timeframes within which the public water system,
or the city or county if either is required to comply with this part
pursuant to subdivision (b), expects to be able to acquire additional
water supplies.
(b) The city or county shall include the water supply assessment
provided pursuant to Section 10910, and any information provided
pursuant to subdivision (a), in any environmental document prepared
for the project pursuant to Division 13 (commencing with Section
21000) of the Public Resources Code.
(c) The city or county may include in any environmental document
an evaluation of any information included in that environmental
document provided pursuant to subdivision (b). The city or county
shall determine, based on the entire record, whether projected water
supplies will be sufficient to satisfy the demands of the project, in
addition to existing and planned future uses. If the city or county
determines that water supplies will not be sufficient, the city or
county shall include that determination in its findings for the
project.
10912. For the purposes of this part, the following terms have the
following meanings:
(a) "Project" means any of the following:
(1) A proposed residential development of more than 500 dwelling
units.
(2) A proposed shopping center or business establishment employing
more than 1,000 persons or having more than 500,000 square feet of
floor space.
(3) A proposed commercial office building employing more than
1,000 persons or having more than 250,000 square feet of floor space.
(4) A proposed hotel or motel, or both, having more than 500
rooms.
(5) A proposed industrial, manufacturing, or processing plant, or
industrial park planned to house more than 1,000 persons, occupying
more than 40 acres of land, or having more than 650,000 square feet
of floor area.
(6) A mixed-use project that includes one or more of the projects
specified in this subdivision.
(7) A project that would demand an amount of water equivalent to,
or greater than, the amount of water required by a 500 dwelling unit
project.
(b) If a public water system has fewer than 5,000 service
connections, then "project" means any proposed residential, business,
commercial, hotel or motel, or industrial development that would
account for an increase of 10 percent or more in the number of the
public water system's existing service connections, or a mixed-use
project that would demand an amount of water equivalent to, or
greater than, the amount of water required by residential development
that would represent an increase of 10 percent or more in the number
of the public water system's existing service connections.
(c) "Public water system" means a system for the provision of
piped water to the public for human consumption that has 3000 or more
service connections. A public water system includes all of the
following:
(1) Any collection, treatment, storage, and distribution facility
under control of the operator of the system which is used primarily
in connection with the system.
(2) Any collection or pretreatment storage facility not under the
control of the operator that is used primarily in connection with the
system.
(3) Any person who treats water on behalf of one or more public
water systems for the purpose of rendering it safe for human
consumption.
10914. (a) Nothing in this part is intended to create a right or
entitlement to water service or any specific level of water service.
(b) Nothing in this part is intended to either impose, expand, or
limit any duty concerning the obligation of a public water system to
provide certain service to its existing customers or to any future
potential customers.
(c) Nothing in this part is intended to modify or otherwise change
existing law with respect to projects which are not subject to this
part.
(d) This part applies only to a project for which a notice of
preparation is submitted on or after January 1, 1996.
10915. The County of San Diego is deemed to comply with this part
if the Office of Planning and Research determines that all of the
following conditions have been met:
(a) Proposition C, as approved by the voters of the County of San
Diego in November 1988, requires the development of a regional growth
management plan and directs the establishment of a regional planning
and growth management review board.
(b) The County of San Diego and the cities in the county, by
agreement, designate the San Diego Association of Governments as that
review board.
(c) A regional growth management strategy that provides for a
comprehensive regional strategy and a coordinated economic
development and growth management program has been developed pursuant
to Proposition C.
(d) The regional growth management strategy includes a water
element to coordinate planning for water that is consistent with the
requirements of this part.
(e) The San Diego County Water Authority, by agreement with the
San Diego Association of Governments in its capacity as the review
board, uses the association's most recent regional growth forecasts
for planning purposes and to implement the water element of the
strategy.
(f) The procedures established by the review board for the
development and approval of the regional growth management strategy,
including the water element and any certification process established
to ensure that a project is consistent with that element, comply
with the requirements of this part.
(g) The environmental documents for a project located in the
County of San Diego include information that accomplishes the same
purposes as a water supply assessment that is prepared pursuant to
Section 10910.
10910. (a) Any city or county that determines that a project, as
defined in Section 10912, is subject to the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) under Section 21080 of the Public Resources
Code shall comply with this part.
(b) The city or county, at the time that it determines whether an
environmental impact report, a negative declaration, or a mitigated
negative declaration is required for any project subject to the
California Environmental Quality Act pursuant to Section 21080.1 of
the Public Resources Code, shall identify any water system that is,
or may become as a result of supplying water to the project
identified pursuant to this subdivision, a public water system, as
defined in Section 10912, that may supply water for the project. If
the city or county is not able to identify any public water system
that may supply water for the project, the city or county shall
prepare the water assessment required by this part after consulting
with any entity serving domestic water supplies whose service area
includes the project site, the local agency formation commission, and
any public water system adjacent to the project site.
(c) (1) The city or county, at the time it makes the determination
required under Section 21080.1 of the Public Resources Code, shall
request each public water system identified pursuant to subdivision
(b) to determine whether the projected water demand associated with a
proposed project was included as part of the most recently adopted
urban water management plan adopted pursuant to Part 2.6 (commencing
with Section 10610).
(2) If the projected water demand associated with the proposed
project was accounted for in the most recently adopted urban water
management plan, the public water system may incorporate the
requested information from the urban water management plan in
preparing the elements of the assessment required to comply with
subdivisions (d), (e), (f), and (g).
(3) If the projected water demand associated with the proposed
project was not accounted for in the most recently adopted urban
water management plan, or the public water system has no urban water
management plan, the water supply assessment for the project shall
include a discussion with regard to whether the public water system's
total projected water supplies available during normal, single dry,
and multiple dry water years during a 20-year projection will meet
the projected water demand associated with the proposed project, in
addition to the public water system's existing and planned future
uses, including agricultural and manufacturing uses.
(4) If the city or county is required to comply with this part
pursuant to subdivision (b), the water supply assessment for the
project shall include a discussion with regard to whether the total
projected water supplies, determined to be available by the city or
county for the project during normal, single dry, and multiple dry
water years during a 20-year projection, will meet the projected
water demand associated with the proposed project, in addition to
existing and planned future uses, including agricultural and
manufacturing uses.
(d) (1) The assessment required by this section shall include an
identification of any existing water supply entitlements, water
rights, or water service contracts relevant to the identified water
supply for the proposed project, and a description of the quantities
of water received in prior years by the public water system, or the
city or county if either is required to comply with this part
pursuant to subdivision (b), under the existing water supply
entitlements, water rights, or water service contracts.
(2) An identification of existing water supply entitlements, water
rights, or water service contracts held by the public water system,
or the city or county if either is required to comply with this part
pursuant to subdivision (b), shall be demonstrated by providing
information related to all of the following:
(A) Written contracts or other proof of entitlement to an
identified water supply.
(B) Copies of a capital outlay program for financing the delivery
of a water supply that has been adopted by the public water system.
(C) Federal, state, and local permits for construction of
necessary infrastructure associated with delivering the water supply.
(D) Any necessary regulatory approvals that are required in order
to be able to convey or deliver the water supply.
(e) If no water has been received in prior years by the public
water system, or the city or county if either is required to comply
with this part pursuant to subdivision (b), under the existing water
supply entitlements, water rights, or water service contracts, the
public water system, or the city or county if either is required to
comply with this part pursuant to subdivision (b), shall also include
in its water supply assessment pursuant to subdivision (c), an
identification of the other public water systems or water service
contractholders that receive a water supply or have existing water
supply entitlements, water rights, or water service contracts, to the
same source of water as the public water system, or the city or
county if either is required to comply with this part pursuant to
subdivision (b), has identified as a source of water supply within
its water supply assessments.
(f) If a water supply for a proposed project includes groundwater,
the following additional information shall be included in the water
supply assessment:
(1) A review of any information contained in the urban water
management plan relevant to the identified water supply for the
proposed project.
(2) A description of any groundwater basin or basins from which
the proposed project will be supplied. For those basins for which a
court or the board has adjudicated the rights to pump groundwater, a
copy of the order or decree adopted by the court or the board and a
description of the amount of groundwater the public water system, or
the city or county if either is required to comply with this part
pursuant to subdivision (b), has the legal right to pump under the
order or decree. For basins that have not been adjudicated,
information as to whether the department has identified the basin or
basins as overdrafted or has projected that the basin will become
overdrafted if present management conditions continue, in the most
current bulletin of the department that characterizes the condition
of the groundwater basin, and a detailed description by the public
water system, or the city or county if either is required to comply
with this part pursuant to subdivision (b), of the efforts being
undertaken in the basin or basins to eliminate the long-term
overdraft condition.
(3) A detailed description and analysis of the amount and location
of groundwater pumped by the public water system, or the city or
county if either is required to comply with this part pursuant to
subdivision (b), for the past five years from any groundwater basin
from which the proposed project will be supplied. The description and
analysis shall be based on information that is reasonably available,
including, but not limited to, historic use records.
(4) A detailed description and analysis of the amount and location
of groundwater that is projected to be pumped by the public water
system, or the city or county if either is required to comply with
this part pursuant to subdivision (b), from any basin from which the
proposed project will be supplied. The description and analysis shall
be based on information that is reasonably available, including, but
not limited to, historic use records.
(5) An analysis of the sufficiency of the groundwater from the
basin or basins from which the proposed project will be supplied to
meet the projected water demand associated with the proposed project.
A water supply assessment shall not be required to include the
information required by this paragraph if the public water system
determines, as part of the review required by paragraph (1), that the
sufficiency of groundwater necessary to meet the initial and
projected water demand associated with the project was addressed in
the description and analysis required by paragraph (4) of subdivision
(b) of Section 10631.
(g) (1) Subject to paragraph (2), the governing body of each
public water system shall submit the assessment to the city or county
not later than 90 days from the date on which the request was
received. The governing body of each public water system, or the city
or county if either is required to comply with this act pursuant to
subdivision (b), shall approve the assessment prepared pursuant to
this section at a regular or special meeting.
(2) Prior to the expiration of the 90-day period, if the public
water system intends to request an extension of time to prepare and
adopt the assessment, the public water system shall meet with the
city or county to request an extension of time, which shall not
exceed 30 days, to prepare and adopt the assessment.
(3) If the public water system fails to request an extension of
time, or fails to submit the assessment notwithstanding the extension
of time granted pursuant to paragraph (2), the city or county may
seek a writ of mandamus to compel the governing body of the public
water system to comply with the requirements of this part relating to
the submission of the water supply assessment.
(h) Notwithstanding any other provision of this part, if a project
has been the subject of a water supply assessment that complies with
the requirements of this part, no additional water supply assessment
shall be required for subsequent projects that were part of a larger
project for which a water supply assessment was completed and that
has complied with the requirements of this part and for which the
public water system, or the city or county if either is required to
comply with this part pursuant to subdivision (b), has concluded that
its water supplies are sufficient to meet the projected water demand
associated with the proposed project, in addition to the existing
and planned future uses, including, but not limited to, agricultural
and industrial uses, unless one or more of the following changes
occurs:
(1) Changes in the project that result in a substantial increase
in water demand for the project.
(2) Changes in the circumstances or conditions substantially
affecting the ability of the public water system, or the city or
county if either is required to comply with this part pursuant to
subdivision (b), to provide a sufficient supply of water for the
project.
(3) Significant new information becomes available which was not
known and could not have been known at the time when the assessment
was prepared.
10911. (a) If, as a result of its assessment, the public water
system concludes that its water supplies are, or will be,
insufficient, the public water system shall provide to the city or
county its plans for acquiring additional water supplies, setting
forth the measures that are being undertaken to acquire and develop
those water supplies. If the city or county, if either is required to
comply with this part pursuant to subdivision (b), concludes as a
result of its assessment, that water supplies are, or will be,
insufficient, the city or county shall include in its water supply
assessment its plans for acquiring additional water supplies, setting
forth the measures that are being undertaken to acquire and develop
those water supplies. Those plans may include, but are not limited
to, information concerning all of the following:
(1) The estimated total costs, and the proposed method of
financing the costs, associated with acquiring the additional water
supplies.
(2) All federal, state, and local permits, approvals, or
entitlements that are anticipated to be required in order to acquire
and develop the additional water supplies.
(3) Based on the considerations set forth in paragraphs (1) and
(2), the estimated timeframes within which the public water system,
or the city or county if either is required to comply with this part
pursuant to subdivision (b), expects to be able to acquire additional
water supplies.
(b) The city or county shall include the water supply assessment
provided pursuant to Section 10910, and any information provided
pursuant to subdivision (a), in any environmental document prepared
for the project pursuant to Division 13 (commencing with Section
21000) of the Public Resources Code.
(c) The city or county may include in any environmental document
an evaluation of any information included in that environmental
document provided pursuant to subdivision (b). The city or county
shall determine, based on the entire record, whether projected water
supplies will be sufficient to satisfy the demands of the project, in
addition to existing and planned future uses. If the city or county
determines that water supplies will not be sufficient, the city or
county shall include that determination in its findings for the
project.
10912. For the purposes of this part, the following terms have the
following meanings:
(a) "Project" means any of the following:
(1) A proposed residential development of more than 500 dwelling
units.
(2) A proposed shopping center or business establishment employing
more than 1,000 persons or having more than 500,000 square feet of
floor space.
(3) A proposed commercial office building employing more than
1,000 persons or having more than 250,000 square feet of floor space.
(4) A proposed hotel or motel, or both, having more than 500
rooms.
(5) A proposed industrial, manufacturing, or processing plant, or
industrial park planned to house more than 1,000 persons, occupying
more than 40 acres of land, or having more than 650,000 square feet
of floor area.
(6) A mixed-use project that includes one or more of the projects
specified in this subdivision.
(7) A project that would demand an amount of water equivalent to,
or greater than, the amount of water required by a 500 dwelling unit
project.
(b) If a public water system has fewer than 5,000 service
connections, then "project" means any proposed residential, business,
commercial, hotel or motel, or industrial development that would
account for an increase of 10 percent or more in the number of the
public water system's existing service connections, or a mixed-use
project that would demand an amount of water equivalent to, or
greater than, the amount of water required by residential development
that would represent an increase of 10 percent or more in the number
of the public water system's existing service connections.
(c) "Public water system" means a system for the provision of
piped water to the public for human consumption that has 3000 or more
service connections. A public water system includes all of the
following:
(1) Any collection, treatment, storage, and distribution facility
under control of the operator of the system which is used primarily
in connection with the system.
(2) Any collection or pretreatment storage facility not under the
control of the operator that is used primarily in connection with the
system.
(3) Any person who treats water on behalf of one or more public
water systems for the purpose of rendering it safe for human
consumption.
10914. (a) Nothing in this part is intended to create a right or
entitlement to water service or any specific level of water service.
(b) Nothing in this part is intended to either impose, expand, or
limit any duty concerning the obligation of a public water system to
provide certain service to its existing customers or to any future
potential customers.
(c) Nothing in this part is intended to modify or otherwise change
existing law with respect to projects which are not subject to this
part.
(d) This part applies only to a project for which a notice of
preparation is submitted on or after January 1, 1996.
10915. The County of San Diego is deemed to comply with this part
if the Office of Planning and Research determines that all of the
following conditions have been met:
(a) Proposition C, as approved by the voters of the County of San
Diego in November 1988, requires the development of a regional growth
management plan and directs the establishment of a regional planning
and growth management review board.
(b) The County of San Diego and the cities in the county, by
agreement, designate the San Diego Association of Governments as that
review board.
(c) A regional growth management strategy that provides for a
comprehensive regional strategy and a coordinated economic
development and growth management program has been developed pursuant
to Proposition C.
(d) The regional growth management strategy includes a water
element to coordinate planning for water that is consistent with the
requirements of this part.
(e) The San Diego County Water Authority, by agreement with the
San Diego Association of Governments in its capacity as the review
board, uses the association's most recent regional growth forecasts
for planning purposes and to implement the water element of the
strategy.
(f) The procedures established by the review board for the
development and approval of the regional growth management strategy,
including the water element and any certification process established
to ensure that a project is consistent with that element, comply
with the requirements of this part.
(g) The environmental documents for a project located in the
County of San Diego include information that accomplishes the same
purposes as a water supply assessment that is prepared pursuant to
Section 10910.
10910. (a) Any city or county that determines that a project, as
defined in Section 10912, is subject to the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) under Section 21080 of the Public Resources
Code shall comply with this part.
(b) The city or county, at the time that it determines whether an
environmental impact report, a negative declaration, or a mitigated
negative declaration is required for any project subject to the
California Environmental Quality Act pursuant to Section 21080.1 of
the Public Resources Code, shall identify any water system that is,
or may become as a result of supplying water to the project
identified pursuant to this subdivision, a public water system, as
defined in Section 10912, that may supply water for the project. If
the city or county is not able to identify any public water system
that may supply water for the project, the city or county shall
prepare the water assessment required by this part after consulting
with any entity serving domestic water supplies whose service area
includes the project site, the local agency formation commission, and
any public water system adjacent to the project site.
(c) (1) The city or county, at the time it makes the determination
required under Section 21080.1 of the Public Resources Code, shall
request each public water system identified pursuant to subdivision
(b) to determine whether the projected water demand associated with a
proposed project was included as part of the most recently adopted
urban water management plan adopted pursuant to Part 2.6 (commencing
with Section 10610).
(2) If the projected water demand associated with the proposed
project was accounted for in the most recently adopted urban water
management plan, the public water system may incorporate the
requested information from the urban water management plan in
preparing the elements of the assessment required to comply with
subdivisions (d), (e), (f), and (g).
(3) If the projected water demand associated with the proposed
project was not accounted for in the most recently adopted urban
water management plan, or the public water system has no urban water
management plan, the water supply assessment for the project shall
include a discussion with regard to whether the public water system's
total projected water supplies available during normal, single dry,
and multiple dry water years during a 20-year projection will meet
the projected water demand associated with the proposed project, in
addition to the public water system's existing and planned future
uses, including agricultural and manufacturing uses.
(4) If the city or county is required to comply with this part
pursuant to subdivision (b), the water supply assessment for the
project shall include a discussion with regard to whether the total
projected water supplies, determined to be available by the city or
county for the project during normal, single dry, and multiple dry
water years during a 20-year projection, will meet the projected
water demand associated with the proposed project, in addition to
existing and planned future uses, including agricultural and
manufacturing uses.
(d) (1) The assessment required by this section shall include an
identification of any existing water supply entitlements, water
rights, or water service contracts relevant to the identified water
supply for the proposed project, and a description of the quantities
of water received in prior years by the public water system, or the
city or county if either is required to comply with this part
pursuant to subdivision (b), under the existing water supply
entitlements, water rights, or water service contracts.
(2) An identification of existing water supply entitlements, water
rights, or water service contracts held by the public water system,
or the city or county if either is required to comply with this part
pursuant to subdivision (b), shall be demonstrated by providing
information related to all of the following:
(A) Written contracts or other proof of entitlement to an
identified water supply.
(B) Copies of a capital outlay program for financing the delivery
of a water supply that has been adopted by the public water system.
(C) Federal, state, and local permits for construction of
necessary infrastructure associated with delivering the water supply.
(D) Any necessary regulatory approvals that are required in order
to be able to convey or deliver the water supply.
(e) If no water has been received in prior years by the public
water system, or the city or county if either is required to comply
with this part pursuant to subdivision (b), under the existing water
supply entitlements, water rights, or water service contracts, the
public water system, or the city or county if either is required to
comply with this part pursuant to subdivision (b), shall also include
in its water supply assessment pursuant to subdivision (c), an
identification of the other public water systems or water service
contractholders that receive a water supply or have existing water
supply entitlements, water rights, or water service contracts, to the
same source of water as the public water system, or the city or
county if either is required to comply with this part pursuant to
subdivision (b), has identified as a source of water supply within
its water supply assessments.
(f) If a water supply for a proposed project includes groundwater,
the following additional information shall be included in the water
supply assessment:
(1) A review of any information contained in the urban water
management plan relevant to the identified water supply for the
proposed project.
(2) A description of any groundwater basin or basins from which
the proposed project will be supplied. For those basins for which a
court or the board has adjudicated the rights to pump groundwater, a
copy of the order or decree adopted by the court or the board and a
description of the amount of groundwater the public water system, or
the city or county if either is required to comply with this part
pursuant to subdivision (b), has the legal right to pump under the
order or decree. For basins that have not been adjudicated,
information as to whether the department has identified the basin or
basins as overdrafted or has projected that the basin will become
overdrafted if present management conditions continue, in the most
current bulletin of the department that characterizes the condition
of the groundwater basin, and a detailed description by the public
water system, or the city or county if either is required to comply
with this part pursuant to subdivision (b), of the efforts being
undertaken in the basin or basins to eliminate the long-term
overdraft condition.
(3) A detailed description and analysis of the amount and location
of groundwater pumped by the public water system, or the city or
county if either is required to comply with this part pursuant to
subdivision (b), for the past five years from any groundwater basin
from which the proposed project will be supplied. The description and
analysis shall be based on information that is reasonably available,
including, but not limited to, historic use records.
(4) A detailed description and analysis of the amount and location
of groundwater that is projected to be pumped by the public water
system, or the city or county if either is required to comply with
this part pursuant to subdivision (b), from any basin from which the
proposed project will be supplied. The description and analysis shall
be based on information that is reasonably available, including, but
not limited to, historic use records.
(5) An analysis of the sufficiency of the groundwater from the
basin or basins from which the proposed project will be supplied to
meet the projected water demand associated with the proposed project.
A water supply assessment shall not be required to include the
information required by this paragraph if the public water system
determines, as part of the review required by paragraph (1), that the
sufficiency of groundwater necessary to meet the initial and
projected water demand associated with the project was addressed in
the description and analysis required by paragraph (4) of subdivision
(b) of Section 10631.
(g) (1) Subject to paragraph (2), the governing body of each
public water system shall submit the assessment to the city or county
not later than 90 days from the date on which the request was
received. The governing body of each public water system, or the city
or county if either is required to comply with this act pursuant to
subdivision (b), shall approve the assessment prepared pursuant to
this section at a regular or special meeting.
(2) Prior to the expiration of the 90-day period, if the public
water system intends to request an extension of time to prepare and
adopt the assessment, the public water system shall meet with the
city or county to request an extension of time, which shall not
exceed 30 days, to prepare and adopt the assessment.
(3) If the public water system fails to request an extension of
time, or fails to submit the assessment notwithstanding the extension
of time granted pursuant to paragraph (2), the city or county may
seek a writ of mandamus to compel the governing body of the public
water system to comply with the requirements of this part relating to
the submission of the water supply assessment.
(h) Notwithstanding any other provision of this part, if a project
has been the subject of a water supply assessment that complies with
the requirements of this part, no additional water supply assessment
shall be required for subsequent projects that were part of a larger
project for which a water supply assessment was completed and that
has complied with the requirements of this part and for which the
public water system, or the city or county if either is required to
comply with this part pursuant to subdivision (b), has concluded that
its water supplies are sufficient to meet the projected water demand
associated with the proposed project, in addition to the existing
and planned future uses, including, but not limited to, agricultural
and industrial uses, unless one or more of the following changes
occurs:
(1) Changes in the project that result in a substantial increase
in water demand for the project.
(2) Changes in the circumstances or conditions substantially
affecting the ability of the public water system, or the city or
county if either is required to comply with this part pursuant to
subdivision (b), to provide a sufficient supply of water for the
project.
(3) Significant new information becomes available which was not
known and could not have been known at the time when the assessment
was prepared.
10911. (a) If, as a result of its assessment, the public water
system concludes that its water supplies are, or will be,
insufficient, the public water system shall provide to the city or
county its plans for acquiring additional water supplies, setting
forth the measures that are being undertaken to acquire and develop
those water supplies. If the city or county, if either is required to
comply with this part pursuant to subdivision (b), concludes as a
result of its assessment, that water supplies are, or will be,
insufficient, the city or county shall include in its water supply
assessment its plans for acquiring additional water supplies, setting
forth the measures that are being undertaken to acquire and develop
those water supplies. Those plans may include, but are not limited
to, information concerning all of the following:
(1) The estimated total costs, and the proposed method of
financing the costs, associated with acquiring the additional water
supplies.
(2) All federal, state, and local permits, approvals, or
entitlements that are anticipated to be required in order to acquire
and develop the additional water supplies.
(3) Based on the considerations set forth in paragraphs (1) and
(2), the estimated timeframes within which the public water system,
or the city or county if either is required to comply with this part
pursuant to subdivision (b), expects to be able to acquire additional
water supplies.
(b) The city or county shall include the water supply assessment
provided pursuant to Section 10910, and any information provided
pursuant to subdivision (a), in any environmental document prepared
for the project pursuant to Division 13 (commencing with Section
21000) of the Public Resources Code.
(c) The city or county may include in any environmental document
an evaluation of any information included in that environmental
document provided pursuant to subdivision (b). The city or county
shall determine, based on the entire record, whether projected water
supplies will be sufficient to satisfy the demands of the project, in
addition to existing and planned future uses. If the city or county
determines that water supplies will not be sufficient, the city or
county shall include that determination in its findings for the
project.
10912. For the purposes of this part, the following terms have the
following meanings:
(a) "Project" means any of the following:
(1) A proposed residential development of more than 500 dwelling
units.
(2) A proposed shopping center or business establishment employing
more than 1,000 persons or having more than 500,000 square feet of
floor space.
(3) A proposed commercial office building employing more than
1,000 persons or having more than 250,000 square feet of floor space.
(4) A proposed hotel or motel, or both, having more than 500
rooms.
(5) A proposed industrial, manufacturing, or processing plant, or
industrial park planned to house more than 1,000 persons, occupying
more than 40 acres of land, or having more than 650,000 square feet
of floor area.
(6) A mixed-use project that includes one or more of the projects
specified in this subdivision.
(7) A project that would demand an amount of water equivalent to,
or greater than, the amount of water required by a 500 dwelling unit
project.
(b) If a public water system has fewer than 5,000 service
connections, then "project" means any proposed residential, business,
commercial, hotel or motel, or industrial development that would
account for an increase of 10 percent or more in the number of the
public water system's existing service connections, or a mixed-use
project that would demand an amount of water equivalent to, or
greater than, the amount of water required by residential development
that would represent an increase of 10 percent or more in the number
of the public water system's existing service connections.
(c) "Public water system" means a system for the provision of
piped water to the public for human consumption that has 3000 or more
service connections. A public water system includes all of the
following:
(1) Any collection, treatment, storage, and distribution facility
under control of the operator of the system which is used primarily
in connection with the system.
(2) Any collection or pretreatment storage facility not under the
control of the operator that is used primarily in connection with the
system.
(3) Any person who treats water on behalf of one or more public
water systems for the purpose of rendering it safe for human
consumption.
10914. (a) Nothing in this part is intended to create a right or
entitlement to water service or any specific level of water service.
(b) Nothing in this part is intended to either impose, expand, or
limit any duty concerning the obligation of a public water system to
provide certain service to its existing customers or to any future
potential customers.
(c) Nothing in this part is intended to modify or otherwise change
existing law with respect to projects which are not subject to this
part.
(d) This part applies only to a project for which a notice of
preparation is submitted on or after January 1, 1996.
10915. The County of San Diego is deemed to comply with this part
if the Office of Planning and Research determines that all of the
following conditions have been met:
(a) Proposition C, as approved by the voters of the County of San
Diego in November 1988, requires the development of a regional growth
management plan and directs the establishment of a regional planning
and growth management review board.
(b) The County of San Diego and the cities in the county, by
agreement, designate the San Diego Association of Governments as that
review board.
(c) A regional growth management strategy that provides for a
comprehensive regional strategy and a coordinated economic
development and growth management program has been developed pursuant
to Proposition C.
(d) The regional growth management strategy includes a water
element to coordinate planning for water that is consistent with the
requirements of this part.
(e) The San Diego County Water Authority, by agreement with the
San Diego Association of Governments in its capacity as the review
board, uses the association's most recent regional growth forecasts
for planning purposes and to implement the water element of the
strategy.
(f) The procedures established by the review board for the
development and approval of the regional growth management strategy,
including the water element and any certification process established
to ensure that a project is consistent with that element, comply
with the requirements of this part.
(g) The environmental documents for a project located in the
County of San Diego include information that accomplishes the same
purposes as a water supply assessment that is prepared pursuant to
Section 10910.
