Background

EFI is not yet well known in the water resources industry in Southern California, however, Dr. Laton is well known in the groundwater community as evidenced by him winning the National Ground Water Associations top honor, the 2014 Ross L. Oliver Award for outstanding contributions to the groundwater industry.

Since its founding in 2010, EFI has primarily been focused on litigation support in the areas of hydrology and hydrogeology.  However, the experience of Dr. Laton and his staff is rooted in water resources.  As a Professor at California State University Fullerton, Dr. Laton supervised many students during the seminal groundwater basin characterization reports in the Mojave Desert for the Mojave Water Agency.  After graduation, Dr. Laton’s students have gone on to work for various consulting firms.  Several of his students have joined EFI to provide their expertise in hydrogeology to water managers particularly during these historic times in groundwater management.  EFI is ready to assist the medium and high priority basins identified in the CASGEM Basin Prioritization and become eligible for water grants and loans administered by the State.

Pre-2014 Groundwater Legislation

Legislation impacting California groundwater before September 2014 includes AB 3030 passed in 1992 which requires a specific Groundwater Management Plan (GWMP) which applies to groundwater basins as defined in DWR Bulletin 118. The plans specify twelve technical components and can only be adopted in non-adjudicated basins after a public hearing and adoption of a resolution of intention to adopt a groundwater management plan.

In 2002, the legislature signed Senate Bill 1938 into law which requires any public agency seeking State funds administered through DWR for the construction of groundwater projects or groundwater quality projects to prepare and implement a groundwater management plan with certain specified components. Requirements include establishing basin management objectives, preparing a plan to involve other local agencies in a cooperative planning effort, and adopting monitoring protocols that promote efficient and effective groundwater management. The requirements apply to both agencies that have already adopted groundwater management plans as well as agencies that do not overlie groundwater basins identified in Bulletin 118 and its updates.

Plans can be adopted within 35 days once a positive hearing has been held. Currently there are 149 GWMP’s approved in the State out of a total of approximately 447 groundwater basins and sub basins. In addition, there are about 19 adjudicated groundwater basins most of which are in Southern California.

2014 Groundwater Legislation

On September 16, 2014 Governor Jerry Brown signed historic legislation creating a framework for sustainable groundwater management in California. The legislation is comprised of three bills, Senate Bill (SB) 1168, SB 1319, and Assembly Bill (AB) 1739, that amend the California Water Code to include the new Sustainable Groundwater Management Act.

SB 1168 defines the Sustainable Groundwater Management Act, including the mandate for the development of sustainable groundwater management plans for all medium- and high-priority basins as defined by the CA Department of Water Resources (DWR), the creation of local groundwater sustainability agencies to oversee and implement the plans, and the guidelines and schedule for complying with the Act. There are 127 groundwater basins identified as high to medium priority by DWR.

AB 1739 is a companion bill that would require sustainable groundwater management in all groundwater sub basins determined to be high to medium risk. It requires a sustainable groundwater management plan be in place by January 1, 2020 and that it be updated every 5 years. Objectives for the sustainable management of the basin must be a part and the plan must address how the basin will be restored to sustainable conditions within 20 years. Annual submission of performance reports is required and regular submission of monitoring data to DWR for CASGEM is required. In addition, a 50 year planning and implementation sequence must be a part of the plan. If a plan is not implemented, the State may step in through the State Water Resources Control Board to perform this task.

SB 1319 refines the guidelines and schedules established in AB 1739.