Depletion Requiremements in California’s Sustainable Groundwater Management Act

Environmental Defense Fund (EDF) | May 17th, 2018

Successful implementation of the Sustainable Groundwater Management Act (SGMA), including its provision to avoid signicant and unreasonable depletion of interconn

Successful implementation of the Sustainable Groundwater Management Act (SGMA), including its provision to avoid signicant and unreasonable depletion of interconnected surface water, is a high priority for the Environmental Defense Fund (EDF). The lack of established mechanisms for addressing depletions of interconnected surface water makes the implementation of this aspect of SGMA especially challenging. Accordingly, EDF offers recommendations to address the requirements of the law related to depletion of interconnected surface water, commonly referred to as “Undesirable Result No. 6” (UR #6). We believe that our proposed approach provides a reasonable balance among the con icting factors of rigor, cost, uncertainty, and enforceability that weigh on the implementation of this requirement. Our goal is to offer a pathway to achieve the fundamental and critical objective of UR#6 – preventing signi cant impacts to water users and ecosystems—in a way that is not unreasonably costly or unproductively burdensome on the Groundwater Sustainability Agencies (GSAs), water users, and state agencies who will bear most of the burden of complying with—or ensuring compliance with—SGMA.

Designing Effective Groundwater Sustainability Agencies: Criteria for Evaluation of Local Governance Options

Center for Law, Energy, and the Environment (CLEE) | ?

With the passage of the Sustainable Groundwater Management Act (SGMA)1 in 2014, California took a historic step towards managing the state’s groundwater resources. SGMA

With the passage of the Sustainable Groundwater Management Act (SGMA)1 in 2014, California took a historic step towards managing the state’s groundwater resources. SGMA adopts a state policy of managing groundwater resources “sustainably for long-term reliability and multiple economic, social, and environmental benefits for current and future beneficial uses.”2 Although these ambitious goals are critical to California’s future water security and sustainablility, major questions remain about how to achieve them. Designing institutions for sustainable groundwater management is one of the most pressing challenges for SGMA implementation. Local entities in mediumand high-priority basins must establish Groundwater Sustainability Agencies (GSAs) by June 2017. GSA design and structure will play a critical role in meeting the sustainability goals required by SGMA. Because designing new institutions for good governance is not easy, the need for information and guidance is acute. SGMA leaves great latitude for local decision making. Primary responsibility for groundwater governance lies with GSAs, to be established by local entities in groundwater basins or sub-basins. SGMA does not specify the details for institutional design of GSAs, nor what specific governance actions must be taken to achieve sustainable groundwater management. Instead, the legislation provides an array of regulatory and non-regulatory tools—mostly optional—from which GSAs can choose. Those tools, in addition to existing authorities already available to local agencies, will provide the basis for groundwater governance in each basin. The relatively short timeline for GSA formation requires local governments and other stakeholders to analyze available options and decide, quickly, how to form novel agencies. These agencies should be armed with the tools necessary to meet current and future groundwater challenges. While no governance solution is ever perfect, GSAs will have a greater chance of governing fairly and effectively if their design anticipates some common challenges of shared resource governance. The primary purpose of this document is to assist stakeholders and decision makers in evaluating the design of GSAs. It aims to empower them to think critically about whether proposed GSAs will meet their needs now and in the future, and—if not—which tools may help to achieve these goals. The framework presented here draws on experience in other natural resource management contexts and on research on governance and institutional design to provide lessons learned and illustrative examples.

Detection and measurement of land subsidence and uplift using interferometric synthetic aperture radar, San Diego, California, USA, 2016–2018

International Association of Hydrological Sciences (IAHS) | April 22nd, 2020

Land subsidence associated with groundwater-level declines is stipulated as an “undesirable effect” in California’s Sustainable Groundwater Management Act (SGMA), a

Land subsidence associated with groundwater-level declines is stipulated as an “undesirable effect” in California’s Sustainable Groundwater Management Act (SGMA), and has been identified as a potential issue in San Diego, California, USA. The United States Geological Survey (USGS), the Sweetwater Authority, and the City of San Diego, undertook a cooperative study to better understand the hydromechanical response of the coastal aquifer system using Interferometric Synthetic Aperture Radar (InSAR) techniques. Three periods of interest were analyzed for this study that correspond to the periods before and after two substantial changes were made to the location and volume of pumpage: (1) April–August 2016 when groundwater levels and land surface elevation were relatively stable during normal pumping, (2) September 2016–May 2017 when groundwater levels recovered and the land surface uplifted during a period of substantially reduced pumping, (3) June 2017–October 2018 when groundwater levels declined and land subsidence occurred when pumpage resumed and expanded to new wells. Spatial and temporal characterization of the hydromechanical response to changes in pumpage is important for managing land subsidence. Further study using InSAR techniques, especially when combined with ground-based geodetic and monitoring-well networks, will provide water managers information to help effectively manage groundwater resources as stipulated in the SGMA.

Detection and Measurement of Land-Surface Deformation, Pajaro Valley, Santa Cruz and Monterey Counties, California, 2015–18

U.S. Geological Survey (USGS) | October 22nd, 2021

Land-surface deformation (subsidence) caused by groundwater withdrawal is identified as an undesirable result in the Pajaro Valley Water Management Agency’s Basin Manag

Land-surface deformation (subsidence) caused by groundwater withdrawal is identified as an undesirable result in the Pajaro Valley Water Management Agency’s Basin Management Plan and California’s Sustainable Groundwater Management Act. In Pajaro Valley, groundwater provides nearly 90 percent of the total water supply. To aid the development of sustainable groundwater management criteria, the U.S. Geological Survey, in cooperation with the Pajaro Valley Water Management Agency, performed an analysis of land-surface deformation (subsidence and uplift) in Pajaro Valley for 2015–18, using Interferometric Synthetic Aperture Radar and continuous Global Positioning System methods. Land-surface deformation results were then compared with subsurface geology and groundwater altitudes to better understand the hydromechanical response of the coastal aquifer system. The results indicate the land surface is generally stable with only small magnitudes (less than 1 inch) of seasonal land-surface deformation (subsidence in the summer and uplift in the winter) during 2015–18. During this time, the largest magnitude of land-surface deformation was less than 2 inches of subsidence and was localized in one area just north of the city limits of Watsonville, California. Groundwater altitudes during 2015–18 demonstrated seasonal variability and annual to multi-annual increases after reaching historical lows by the mid-1990s. The small magnitudes of land-surface deformation coupled with groundwater-altitude increases in most areas indicate that the subsidence likely is largely elastic and recoverable. The Corralitos-Pajaro Valley groundwater basin contains fine-grained (clay) sediments that have the potential for permanent aquifer-system compaction and resultant land subsidence. However, groundwater altitudes throughout the Pajaro Valley have increased above historical lows, and observed increases in groundwater altitudes coincided with changes in groundwater management activities. Observed relations between groundwater management activities and groundwater altitudes indicate that management of groundwater supplies could minimize the potential for permanent land-surface deformation in Pajaro Valley.

Dispute Resolution Processes - Thinking Through SGMA Implementation: A Water in the West Series

Stanford University | October 9th, 2019

Groundwater serves as the primary water supply for more than two billion people worldwide (Famiglietti 2014) and supplies approximately 40% of irrigation water supply gl

Groundwater serves as the primary water supply for more than two billion people worldwide (Famiglietti 2014) and supplies approximately 40% of irrigation water supply globally (Siebert et al. 2010). This heavy reliance on groundwater aquifers has led to the unsustainable depletion of groundwater resources at the regional and global scale resulting in an increasing number of conflicts over groundwater resources (Jarvis 2014). Similar to global trends, a long-term overreliance on groundwater in California has resulted in historically low groundwater levels in basins throughout the state. Groundwater level declines have had widespread impacts, including drying of domestic wells, land subsidence and the loss of supply wells. In 2014, California passed the Sustainable Groundwater Management Act (SGMA) to address the impacts resulting from chronic groundwater overdraft in the state. SGMA requires formation of local Groundwater Sustainability Agencies (GSAs). GSAs must develop and implement Groundwater Sustainability Plans (GSPs, Plan) to achieve sustainability within 20 years of Plan implementation. Achieving sustainability requires local agencies, stakeholders and water users to make many difficult and potentially contentious decisions such as regulating pumping, levying pumping fees and finding and purchasing alternative water supplies to meet legislated sustainability goals. These decisions are prone to conflict, particularly when pumping restrictions are viewed as infringing on property rights, or when fees are charged to support local management. Traditionally, many of these decisions have been resolved through court adjudications, many of which have been long and expensive processes in California (Szeptycki et al. 2018) and elsewhere (USDA 2018). In recent decades, the Alternative Dispute Resolution (ADR) movement has fostered use of alternative processes, including direct negotiation among the parties, facilitation, mediation and arbitration in lieu of, or supplemental to, adjudication to resolve environmental conflicts. The U.S. Department of Agriculture (USDA) mediation program has the explicit goal of helping “avoid expensive and time-consuming administrative appeals and/ or litigation” (USDA 2018). Other government departments like the Department of Energy and the U.S. Environmental Protection Agency also have mediation programs with similar goals. Many of the local GSAs established under SGMA are multi-entity GSAs formed through Joint Powers Authorities Agreements (JPAA) or through Memorandums of Understanding Agreements (MOUA) – we refer to these agreements collectively as “Agreements.” Additionally, the jurisdictional area of many GSAs does not span the entire groundwater basin. SGMA requires sustainability at the basin-scale, so many GSAs will need to collaborate internally (among member agencies within a GSA) and externally (with other GSAs in their basin) to develop and implement GSPs which are “together likely to achieve the groundwater sustainability goal for the basin,” (California Water Code (CWC) § 10733(b)). Newly formed GSAs have additional layers of potential conflict that may not be present in interpersonal or even other inter-organizational contexts with well-established processes and precedents, including questions of who has the authority, what process(es) should be followed when exercising that authority and what the constraints on the exercise of that authority are. These questions are particularly pertinent when agencies with similar or overlapping authorities are working together – as is common practice under SGMA. Questions regarding authority, tight legal and regulatory timelines, a lack of existing precedents and the need to represent agency and constituent interests have the potential to exacerbate conflicts under SGMA. In some cases, where authoritative interpretations of legal authority and limits have not been established yet, litigation may be necessary and warranted. When institutions have to coordinate and cooperate, as JPAs do, identifying processes and forums for resolving conflicts is crucial (Marta et al. 2014). However, developing effective mechanisms for resolving conflicts and using them can be challenging. Learning from the experiences of past water management agencies in California, as well as the natural resource conflict resolution literature more broadly, may help GSAs develop robust dispute resolution plans with processes to incentivize and streamline their resolution.

Diverse stakeholders create collaborative, multilevel basin governance for groundwater sustainability

California Agriculture (UCANR) | March 13th, 2018

The Sustainable Groundwater Management Act (SGMA) is introducing significant changes in the way groundwater is governed for agricultural use. It requires the format

The Sustainable Groundwater Management Act (SGMA) is introducing significant changes in the way groundwater is governed for agricultural use. It requires the formation of groundwater sustainability agencies (GSAs) to manage groundwater basins for sustainability with the engagement of all users. That presents opportunities for collaboration, as well as challenges, particularly in basins with large numbers of agricultural water users who have longstanding private pumping rights. The GSA formation process has resulted in the creation of multiple GSAs in many such basins, particularly in the Central Valley. In case studies of three basins, we examine agricultural stakeholders' concerns about SGMA, and how these are being addressed in collaborative approaches to groundwater basin governance. We find that many water districts and private pumpers share a strong interest in maintaining local autonomy, but they have distinct concerns and different options for forming and participating in GSAs. Multilevel collaborative governance structures may help meet SGMA's requirements for broad stakeholder engagement, our studies suggest, while also addressing concerns about autonomy and including agricultural water users in decision-making.

Draft Final Groundwater Sustainability Plan for the Borrego Springs Groundwater Subbasin

Borrego Water District (BWD) | August 30th, 2019

The Borrego Valley Groundwater Sustainability Agency (GSA, Agency), which comprises the Borrego Water District (BWD) and the County of San Diego (County), developed a Gro

The Borrego Valley Groundwater Sustainability Agency (GSA, Agency), which comprises the Borrego Water District (BWD) and the County of San Diego (County), developed a Groundwater Sustainability Plan (GSP, Plan) to provide a structure to enable local government, groundwater users and the local community to work together to achieve sustainable use of groundwater resources in the Borrego Springs Groundwater Subbasin (Subbasin) (California Department of Water Resources (DWR) Basin No. 7.024.01) of the Borrego Valley Groundwater Basin. The GSP was subsequently repurposed as a Groundwater Management Plan (GMP), an integral part of a Physical Solution in a groundwater rights adjudication consistent with the requirements of the Sustainable Groundwater Management Act (SGMA). The purpose of this GMP is to refine and expedite implementation of the Physical Solution and to avoid litigation over the GSP and its associated Project and Management Actions (PMAs). The GSP and this resulting GMP was developed through a process of stakeholder negotiation among major water users, landowners and government agencies. Specifically, this GMP is adopted as part of the Physical Solution by means of a Judgment. The Judgment was agreed to by Stipulating Parties accounting for more than 75% of groundwater production and more than 50% of non-minimal producer well owners as an alternative to the GSA/GSP process for the Borrego Springs Subbasin under SGMA (California Water Code Sections 10733.6 and 10737.4). This GMP includes and is to be interpreted and implemented consistent with and subject to the provisions of the Judgment. The provisions of the Judgment control over and supersede any contrary provisions contained in this GMP. Due to size, this file has been divided. Part 1, Part 2, Part 3, Part 4, Part 5, Part 6

Drawdown ‘‘Triggers’’: A Misguided Strategy for Protecting Groundwater-Fed Streams and Springs

National Groundwater Association (NGWA) | October 31st, 2016

There is increasing recognition of the importanceof groundwater to the survival and function of terrestrial ecosystems (e.g., Ribeiro et al. 2013), which has grown from

There is increasing recognition of the importanceof groundwater to the survival and function of terrestrial ecosystems (e.g., Ribeiro et al. 2013), which has grown from understanding of the intimate connections between groundwater and surface water (Winter et al.1998). In this context, management strategies that can protect groundwater-dependent ecosystems (GDEs) such as springs and groundwater-fed streams are of critical importance. One strategy being adopted in some casesis the use of “drawdown triggers.” This involves specifying an amount of acceptable drawdown relative to baseline at a particular monitoring point, which if exceeded, triggers a management response. This technical commentary examines this strategy, highlighting potential pit-falls. There are important aspects of the response of groundwater and connected springs and streams which may be overlooked if drawdown triggers are adopted as the primary strategy for GDE protection. A case study of a recently approved mining project is discussed and some additional and/or alternative approaches proposed.

Drought and Groundwater Sustainability in California’s Farming Regions

Public Policy Institute of California (PPIC) | June 25th, 2024

East Bay Plain Subbasin Groundwater Sustainability Plan

East Bay Municipal Utilities District (East Bay MUD) | January 26th, 2022

The Plan Area lies within the boundaries of Contra Costa and Alameda counties, including all or portions of the cities of Alameda, Albany, Berkeley, El Cerrito, Emeryvill

The Plan Area lies within the boundaries of Contra Costa and Alameda counties, including all or portions of the cities of Alameda, Albany, Berkeley, El Cerrito, Emeryville, Hayward, Oakland, Piedmont, Richmond, San Leandro, and San Pablo. Unincorporated areas (including San Lorenzo) within the subbasin are covered by the respective county general plans (GPs), and various city GPs cover the other portions of the Subbasin. The Subbasin does not contain state lands, but does include some federal lands including Lytton Tribal lands. Due to size, this document has been divided into separate files. Executive Summary, Executive Summary Chapters 1-5, Appendix 1 (Chapter 1), Appendix 2 (Chapter 2), Appendix 3 (Chapter 3), Appendix 4 (Chapter 4), (No Appendix for Chapter 5), Appendix 6