This week, the Senate Natural Resources & Water Committee approved Senate Bill 252, authored by Senator Bill Dodd (D-Davis), which would require a new level of review and public notice when a city or county issues well permits in critically over-drafted groundwater basins. This measure is a “scaled-back” version of last year’s SB 1317, authored by Senator Lois Wolk (D-Davis), which captured new well permits in medium- and high-priority groundwater basins.
RCRC, joined by our colleagues in local government, raised the following concerns with Senator Dodd’s approach:
- SB 252 moves well permits from a ministerial action to more of a discretionary activity as contemplated under the California Environmental Quality Act (CEQA), implying the need for a CEQA review.
- Applicants would be required to answer and supply data to support their well permit without defining what the county or city’s obligation is with respect to the additional data. For example, is it accepted and filed? Or must the local agency make a finding?
- Related to this is the scenario in which, in the course of a public hearing, data is provided that is not in concert with that provided by the applicant. Further guidance is needed as to how this situation might be addressed.
- Perhaps most critically, this measure does not provide a glide path for integration into the current activities related to implementation of the Sustainable Groundwater Management Act (SGMA), adopted in 2014.
The Committee had a lengthy discussion on whether the need for greater scrutiny of new wells in critically over-drafted basins outweighed or should distract from SGMA and its related timelines. Ultimately, the author committed to working with all the interested stakeholders and expressed confidence in addressing the objections raised by RCRC and our local government colleagues.
RCRC’s joint concerns letter can be accessed here.