RCRC, together with CSAC, has expressed opposition to Assembly Bill 2201, authored by Assembly Member Steve Bennett (D – Santa Barbara). AB 2201 would impose new permitting requirements on groundwater sustainability agencies (GSAs) before the local approval of new or altered groundwater wells within the jurisdiction of that GSA. Among the bill’s requirements, the bill would require a GSA to provide a written finding to the local permitting authority that the new or altered well is consistent with its groundwater sustainability plan, and that the new or altered well would not interfere with the production of nearby wells and would not adversely impact or damage nearby infrastructure. The bill would also require a GSA to publicly post, for at least 30 days, well applications under its consideration, and allow for public comment during that posting period. The bill does create an exemption, however, for domestic use wells that extract less than two-acre feet of water annually, incorporating the exemption in the Governor’s current drought emergency order.
RCRC and CSAC have conveyed several concerns to the author, including concern over the litigation risk of altering a currently ministerial process into a discretionary one, as well as the litigation risk from the denial of an application due to statutory factors outlined in this bill that are broad and inexact. Several other groups, including agricultural advocacy organizations, business and local agency associations, and groundwater agency associations have expressed many concerns as well—concerns also reflected in RCRC and CSAC’s joint letter of opposition. Read RCRC’s letter of opposition here.
AB 2201 passed out of the Assembly Water, Parks, and Wildlife Committee on a tight 8-5-2 (effectively 8-7) vote, and is currently before the Assembly Appropriations Committee for further consideration. For more information, contact RCRC Policy Advocate, Sidd Nag.