California's Water Supply Assessments: Sb 1262 Law Implementation

California's Senate Bill 1262 (SB 1262) became law on 24 September 2016 when it was signed by Governor Jerry Brown. The bill amends two existing water supply statutes, Water Code § 10910 and Government Code § 66473.7, and integrates requirements from the 2014 Sustainable Groundwater Management Act (SGMA) into the state's water supply planning laws. SB 1262 took effect on 1 January 2017.

SB 1262 amends the Water Supply Assessment statute

Senate Bill 1262 (SB 1262) amends the Water Supply Assessment statute (commonly referred to as "SB 610") and the Written Verification statute (commonly referred to as "SB 221"). These statutes are companion laws that promote collaborative planning between local water suppliers, cities, and counties.

SB 1262 amends Water Code section 10910 of the Water Supply Assessment statute. It requires certain SGMA-related information to be included in a WSA being prepared for a project under the California Environmental Quality Act (CEQA). Specifically, if a water supply for a proposed project includes groundwater from a basin designated as medium- or high-priority, the following additional information must be included in the WSA:

• Whether the Department of Water Resources (DWR) has identified the basin as being subject to critical conditions of overdraft.
• If a Groundwater Sustainability Agency (GSA) has adopted a Groundwater Sustainability Plan (GSP) or approved an alternative plan under SGMA, a copy of the GSP or alternative plan.

For a basin that is designated as low- or very low-priority, the WSA must include information as to whether DWR has identified the basin as being overdrafted or projected that it will become overdrafted if present management conditions continue.

SB 1262 also amends the definition of "sufficient water supply" in the Water Supply Assessment statute to include additional factors for projects that rely in whole or in part on groundwater. These factors include the availability of water supplies over a historical record of at least 20 years, the applicability of an urban water shortage contingency analysis, and the reduction in water supply allocated to specific water use sectors.

Furthermore, SB 1262 amends the Water Supply Assessment statute by stating that "hauled water" is not considered a source of water for the purposes of preparing a WSA.

The changes made by SB 1262 to the Water Supply Assessment statute highlight the importance of Groundwater Sustainability Plans and their potential impact on development projects and subdivisions.

SB 1262 amends the Written Verification statute

Senate Bill 1262 (SB 1262) was signed into law by California Governor Jerry Brown on September 24, 2016. SB 1262 amends the state's Water Supply Assessment statute (SB 610) and the Written Verification statute (SB 221).

SB 610 and SB 221 are companion laws that help cities and counties make informed land-use decisions by providing local governments with information on water supply availability. They require detailed information on water availability to be provided to city and county decision-makers before the approval of specified large development projects.

For projects obtaining water from a medium- or high-priority basin, the Written Verification must include:

• Information on whether the Department of Water Resources (DWR) has identified the basin as being subject to critical conditions of overdraft.
• A copy of the Groundwater Sustainability Plan or alternative plan, if a Groundwater Sustainability Agency has adopted one.

For projects obtaining water from a basin designated as low- or very low-priority, the Written Verification must include information on:

Whether DWR has identified the basin as being overdrafted or projected to become overdrafted if present management conditions continue.

These changes to the Written Verification statute mean that Groundwater Sustainability Plans are now of utmost importance and can significantly impact proposed development projects and subdivisions.

SB 1262 and the relationship with CEQA

Senate Bill 1262 (SB 1262) was signed into law by California Governor Jerry Brown on 24 September 2016. The bill amends two of California's water supply planning laws: the Water Supply Assessment statute (SB 610) and the Written Verification statute (SB 221).

SB 1262's relationship with the California Environmental Quality Act (CEQA) is as follows:

Water Supply Assessments (WSAs)

Under SB 610, Water Supply Assessments (WSAs) must be provided to local governments for certain projects subject to CEQA. The WSA must analyse whether projected water supplies are sufficient to meet the projected water demand of the proposed development project.

SB 1262 amends the WSA statute to require WSAs to consider the most recently adopted Groundwater Sustainability Plan (GSP) prepared under the Sustainable Groundwater Management Act (SGMA) if the water supply for a proposed project includes groundwater from a basin designated as medium- or high-priority.

Written Verifications (WVs)

Under SB 221, approval by a city or county of certain subdivisions requires an affirmative Written Verification (WV) of sufficient water supply.

SB 1262 amends the WV statute to require WVs to consider the most recently adopted GSP or approved alternative plan prepared under SGMA when a proposed project relies in whole or in part on groundwater.

Impact of SB 1262 on CEQA

SB 1262 helps to address the previously undefined relationship between SGMA and California's water supply planning laws, specifically the WSA and WV statutes. By requiring WSAs and WVs to consider GSPs or alternative plans prepared under SGMA, SB 1262 provides that these plans are now part of the "substantial evidence" that may support a determination of water supply sufficiency for proposed projects.

However, it is important to note that many questions remain unanswered regarding the relationship between SGMA and CEQA. For example, the extent to which GSPs and alternative plans prepared under SGMA must be considered in Urban Water Management Plans is still unclear. Furthermore, the relationship between water supply "sufficiency" for CEQA purposes and groundwater "sustainability" under SGMA will need to be harmonised.

In conclusion, while SB 1262 takes a first step towards integrating SGMA into CEQA through WSAs and WVs, further clarification and harmonisation between these two areas of law is needed.

SB 1262 and the Sustainable Groundwater Management Act

Senate Bill No. 1262 (SB 1262) was approved by California Governor Jerry Brown on September 24, 2016, and became law the same day. SB 1262 incorporates groundwater management requirements under the Sustainable Groundwater Management Act (SGMA) into two of California's water supply planning laws.

SB 1262 amends the Water Supply Assessment statute (SB 610) and the Written Verification statute (SB 221). These are companion laws that help cities and counties make informed land-use decisions by providing information on water supply availability. Both statutes require detailed information on water availability to be provided to city and county decision-makers before the approval of specified large development projects.

Under SB 610, Water Supply Assessments must be provided to local governments for projects subject to the California Environmental Quality Act (CEQA). The assessments must analyse whether projected water supplies are sufficient to meet the projected water demand of the proposed development project. Similarly, under SB 221, approval by a city or county of certain subdivisions requires affirmative Written Verification of sufficient water supply.

SB 1262 requires that Water Supply Assessments and Written Verifications include certain SGMA-related information if a water supply for a proposed project includes groundwater. If a proposed development project and/or subdivision will obtain water from a basin that is designated as medium- or high-priority under SGMA, the following must be included in the Water Supply Assessment and/or Written Verification:

• Information as to whether the Department of Water Resources (DWR) has identified the basin as being subject to critical conditions of overdraft.
• A copy of the Groundwater Sustainability Plan or alternative plan, if a Groundwater Sustainability Agency has adopted such a plan.

If a proposed development project and/or subdivision will obtain water from a basin that is designated as low- or very low-priority under SGMA, the following must be included in the Water Supply Assessment and/or Written Verification:

Information as to whether DWR has identified the basin as being overdrafted or projected that the basin will become overdrafted if present management conditions continue.

Under SGMA, Groundwater Sustainability Agencies must be established by June 30, 2017, and Groundwater Sustainability Plans must be adopted by January 31, 2020, or January 31, 2022, depending on whether a basin is deemed to be critically overdrafted.

SB 1262 and the impact on development projects

On September 24, 2016, California Governor Jerry Brown signed Senate Bill No. 1262 ("SB 1262") into law, amending the state's water supply planning laws. SB 1262 modifies the Water Supply Assessment statute (SB 610) and the Written Verification statute (SB 221) by incorporating provisions from the Sustainable Groundwater Management Act ("SGMA"). This bill imposes new obligations on cities and counties, requiring them to include specific groundwater-related information in their water supply assessments for development projects.

Prior to SB 1262, cities and counties were already required to conduct Water Supply Assessments (WSAs) and obtain Written Verifications (WVs) for large development projects under SB 610 and SB 221. These assessments and verifications evaluated the sufficiency of water supplies to meet the demands of proposed projects. However, SB 1262 adds a new dimension by bringing groundwater considerations into the mix.

Now, if a development project includes groundwater in its water supply, cities and counties must include additional information in their WSAs and WVs. This includes details such as whether the basin is designated as medium- or high-priority under SGMA, and if so, whether it is subject to critical conditions of overdraft. Additionally, they must provide a copy of the Groundwater Sustainability Plan or an alternative plan if one has been adopted by a Groundwater Sustainability Agency. For basins designated as low- or very low-priority, information regarding potential overdraft conditions must be included.

The impact of SB 1262 on development projects is significant. It elevates the importance of Groundwater Sustainability Plans, which now play a crucial role in determining the feasibility of projects relying on groundwater. Developers are encouraged to actively engage with Groundwater Sustainability Agencies to ensure their voices are heard during the planning process. Furthermore, the bill strengthens the link between water supply planning and groundwater management, bringing it to the forefront of development considerations.

In conclusion, SB 1262 has firmly entrenched SGMA into California's water supply planning laws, particularly regarding development projects. By mandating the inclusion of groundwater-related information in WSAs and WVs, the bill ensures that cities and counties make informed decisions about land use, taking into account the sustainability of groundwater resources. This added layer of consideration will undoubtedly influence the trajectory of development projects across the state.

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