RCRC, in coalition with CSAC and CalCities, has taken a position of opposed unless amended on Assembly Bill 2079, authored by Assembly Member Steve Bennett (D – Santa Barbara). This measure would impose new permitting restrictions on local agencies’ well permitting authority, including requiring the denial of certain large-capacity wells. Among its other requirements, the bill directs a local permitting authority to notify surrounding well-owners of the proposed new well, and to provide the applicant with the contact information for potentially affected groundwater agencies, including groundwater sustainability agencies under SGMA. The bill directs the local authority to deny the permit if the well is proposed to be sited in an area that has experienced a certain rate of subsidence as determined by DWR, The bill does allow certain exemptions, however, for domestic use wells that extract less than two-acre feet of water annually, as well as for wells on parcels of five acres or fewer that are zoned for rural residential use, among other exempted uses (including for local agency groundwater banking and recharge activities).
RCRC, CSAC, and CalCities have conveyed several concerns to the author, including concern over the litigation risk of altering a currently ministerial process into a potentially discretionary one, as well as the litigation risk from the denial of an application due to statutory factors outlined in this bill that are inflexible yet applied statewide. Several other groups, including agricultural advocacy organizations, state and local business associations, and groundwater agency associations have expressed their concerns as well. Read our joint letter of opposition here for a detailed review of the issues involved.
AB 2079 passed out of the Assembly in late May and is currently set for hearing before the Senate Natural Resources and Water Committee on June 11th. For more information, contact RCRC Policy Advocate, Sidd Nag.