Bennett legislation to protect community drinking water sources

Steve Bennett. Courtesy photo.

SACRAMENTOAssemblymember Steve Bennett (D-Ventura) announced legislation (on Feb. 21) to strengthen the Sustainable Groundwater Management Act (SGMA) and protect drinking water supplies for communities.

AB 1563 would require agencies that issue water well permits, generally county governments, to acquire sign off from the local groundwater sustainability agency prior to issuing the permit.

“There is a loophole in our system. Groundwater Sustainability Agencies are responsible for managing their basins and reaching sustainable pumping levels by 2040. However, those agencies do not have the authority to determine if new wells in their basin are consistent with the sustainability plans. Counties and other permitting agencies typically issue ministerial “over the counter” permits without reviewing for consistency with the plan,” said Assemblymember Bennett.

In 2014, amidst plunging groundwater levels, the Legislature passed SGMA to establish a statewide framework designed to protect groundwater resources through the establishment of groundwater agencies. These agencies are charged with ensuring water pumping is at sustainable levels.

Unfortunately, over 6,200 new agricultural wells have been drilled into critically over-drafted basins since SGMA passed.   Meanwhile, over a thousand domestic drinking wells, often serving the most vulnerable communities, have gone dry each of the last two years alone.  Many other drinking water wells have become unsafe due to concentrations of pollutants in the lower quantities of water left in the basin.

In spite of episodic atmospheric rivers, California is experiencing an overall era of aridization.  It is difficult for Californians to maintain sustainable ground water levels.  “This bill is a common sense step to help us prepare us for this new era.” Said Bennett.

The bill also allows community input prior to the issuance of the well permit; ensuring community members have the opportunity to submit input concerning protection of safe drinking water.

Assemblymember Bennett carried similar legislation last session, AB 2201, which was not taken up for a final concurrence vote. While AB 1563 is similar, the scope narrowly only applies to basins that are deemed in “Critical Overdraft” by the Department of Water Resources. Exemptions for replacement wells are also included in the new bill.

“After meeting with multiple stakeholders last session, especially partners in the agricultural industry, I recognized that some changes were appropriate.  My intention with this legislation is to end a loophole that causes no one to be responsible for the negative impacts of new wells on critically over-drafted groundwater basins.  We must protect the future of drinking water for all, especially low income farmworker communities that are suffering the greatest impacts.”

Assemblymember Bennett has introduced a robust two-year water package which includes water bills spanning several areas:

 

AB 429: Dry Well Triggers

If 1% of their domestic wells go dry, this bill requires Counties and well permitting agencies to make a determination on nearby well impacts when permitting any new well.

AB 560: Sustainable Groundwater Management Act: groundwater adjudication

Requires local judges who are making decisions in basin adjudication cases, to have their judgement determinations reviewed by the State Water Resources Control Boards and Department of Water Resources for consistency with Sustainable Groundwater Management Act.

AB 580: Multibenefit Land Repurposing Program: solar farms: report

Will build a framework to help farmers who want to convert their fallowed agricultural land to solar fields.

AB 676:  Water: general state policy

Updates state priorities in the water code to better reflect and enforce the Human Right to Water.

AB 809: Salmonid populations: California Monitoring Program Fund

Codifies the Coastal Monitoring Program so that the annual salmon and steelhead count can receive consistent department funding.

AB 900: Aquifer recharge: grant program: streamlined permitting

Asks Department of Water Resources to create a report outlining best practices for aquifer recharge projects, as well as creates a grant program for recharge projects with a streamlined permitting process.