Conditional Use Permit for Groundwater Extraction Bill Clears Policy Committee in Senate
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Conditional Use Permit for Groundwater Extraction Bill Clears Policy Committee in Senate
The California League of Food Processors (CLFP) is strongly opposed to Senate Bill 1317 by Senator Wolk that recently passed the Senate Natural Resources and Water Committee. This measure relates to conditional use permits and groundwater extraction facilities. More specifically, SB 1317 would require a city or county overlying a basin designated as a high or medium priority basin to establish a process for issuing conditional use permits for the development of a groundwater extraction facility in order to prevent that facility from contributing to or creating an "undesirable result."
In 2014 the California Legislature passed and Governor Brown signed the Sustainable Groundwater Management Act (SGMA), thus providing a framework for local agencies to develop plans and implement strategies to sustainably manage groundwater resources within a defined period. By June 30, 2017, a local agency/agencies in each high or medium priority groundwater basin must have officially formed one or more Groundwater Sustainability Agencies (GSA) for the entire basin. By January 31, 2020, each high or medium priority groundwater basin that is subject to critical conditions of overdraft must be managed under a Groundwater Sustainability Plan (GSP) and by January 31, 2022, all remaining high or medium priority groundwater basins must be managed under a GSP with a final review by the Department of Water Resources (DWR) by January 31, 2024.
DWR staff has been working to meet the June 1, 2016, deadline to establish emergency regulations for evaluating GSPs. Local agencies are also diligently working to establish their GSA by the deadline. Local agencies and other stakeholders have also been working collaboratively with DWR staff in developing regulations for evaluating GSPs.
CLFP believes that SB 1317 would undercut the efforts of local agencies and stakeholders to comply with SGMA and would intervene in the local agency decision-making process, which is a key element and foundation of SGMA. SB 1317 provides a prescriptive solution that may not be in the local interest or the best approach to address local issues. SGMA was premised on local control and the "one size fits all" approach as outlined in SB 1317 would undermine both the premise and spirit of SGMA.
SB 1317 would create the need for a conditional use permit (CUP) for wells, which can be a lengthy and costly process for local government creating an undue burden that may not even address the issue. Local agencies are moving forward independently to address the issue of critical overdraft, including placing moratoriums on new wells, to meet their local needs without the mandate of SB 1317.
The statutory deadline for the GSP is January 31, 2020, and yet SB 1317 would impose a scheme for preventing an undesirable result that is premature and may not be germane to any given local area. In order to support the use of a CUP, local governments would need to redirect resources (human and financial) to develop the data necessary to minimize the risk of litigation related to "takings" - resources that could more effectively used in meeting GSP requirements.
SB 1317 will next be considered in the Senate Appropriations Committee.
Written by Trudi Hughes, CLFP Government Affairs Director
The California League of Food Processors (CLFP) is strongly opposed to Senate Bill 1317 by Senator Wolk that recently passed the Senate Natural Resources and Water Committee. This measure relates to conditional use permits and groundwater extraction facilities. More specifically, SB 1317 would require a city or county overlying a basin designated as a high or medium priority basin to establish a process for issuing conditional use permits for the development of a groundwater extraction facility in order to prevent that facility from contributing to or creating an "undesirable result."
In 2014 the California Legislature passed and Governor Brown signed the Sustainable Groundwater Management Act (SGMA), thus providing a framework for local agencies to develop plans and implement strategies to sustainably manage groundwater resources within a defined period. By June 30, 2017, a local agency/agencies in each high or medium priority groundwater basin must have officially formed one or more Groundwater Sustainability Agencies (GSA) for the entire basin. By January 31, 2020, each high or medium priority groundwater basin that is subject to critical conditions of overdraft must be managed under a Groundwater Sustainability Plan (GSP) and by January 31, 2022, all remaining high or medium priority groundwater basins must be managed under a GSP with a final review by the Department of Water Resources (DWR) by January 31, 2024.
DWR staff has been working to meet the June 1, 2016, deadline to establish emergency regulations for evaluating GSPs. Local agencies are also diligently working to establish their GSA by the deadline. Local agencies and other stakeholders have also been working collaboratively with DWR staff in developing regulations for evaluating GSPs.
CLFP believes that SB 1317 would undercut the efforts of local agencies and stakeholders to comply with SGMA and would intervene in the local agency decision-making process, which is a key element and foundation of SGMA. SB 1317 provides a prescriptive solution that may not be in the local interest or the best approach to address local issues. SGMA was premised on local control and the "one size fits all" approach as outlined in SB 1317 would undermine both the premise and spirit of SGMA.
SB 1317 would create the need for a conditional use permit (CUP) for wells, which can be a lengthy and costly process for local government creating an undue burden that may not even address the issue. Local agencies are moving forward independently to address the issue of critical overdraft, including placing moratoriums on new wells, to meet their local needs without the mandate of SB 1317.
The statutory deadline for the GSP is January 31, 2020, and yet SB 1317 would impose a scheme for preventing an undesirable result that is premature and may not be germane to any given local area. In order to support the use of a CUP, local governments would need to redirect resources (human and financial) to develop the data necessary to minimize the risk of litigation related to "takings" - resources that could more effectively used in meeting GSP requirements.
SB 1317 will next be considered in the Senate Appropriations Committee.
Written by Trudi Hughes, CLFP Government Affairs Director
