Section § 5200

Explanation

This law section states that it sets up requirements for reporting details about groundwater. It's part of a bigger legal framework aimed at managing groundwater resources effectively.

The Legislature finds and declares that this part establishes groundwater reporting requirements for the purposes of subdivision (b) of Section 10724 and Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6.

Section § 5201

Explanation

This section of the law defines key terms used throughout the water-related regulations. It specifies that terms such as 'Basin,' 'De minimis extractor,' 'Groundwater,' 'Groundwater extraction facility,' 'Groundwater sustainability agency,' and 'Water year' are all defined by their meanings in Section 10721. Other terms like 'Board-designated local area' and 'Probationary basin' also refer to other specific sections for their definitions. Additionally, 'Person' is defined by Section 10735, and 'Personal information' is based on the definition in Section 1798.3 of the Civil Code.

As used in this part:
(a)CA Water Code § 5201(a) “Basin” has the same meaning as defined in Section 10721.
(b)CA Water Code § 5201(b) “Board-designated local area” has the same meaning as defined in Section 5009.
(c)CA Water Code § 5201(c) “De minimis extractor” has the same meaning as defined in Section 10721.
(d)CA Water Code § 5201(d) “Groundwater” has the same meaning as defined in Section 10721.
(e)CA Water Code § 5201(e) “Groundwater extraction facility” has the same meaning as defined in Section 10721.
(f)CA Water Code § 5201(f) “Groundwater sustainability agency” has the same meaning as defined in Section 10721.
(g)CA Water Code § 5201(g) “Person” has the same meaning as defined in Section 10735.
(h)CA Water Code § 5201(h) “Personal information” has the same meaning as defined in Section 1798.3 of the Civil Code.
(i)CA Water Code § 5201(i) “Probationary basin” has the same meaning as defined in Section 10735.
(j)CA Water Code § 5201(j) “Water year” has the same meaning as defined in Section 10721.

Section § 5202

Explanation

This law is about reporting groundwater extraction in certain areas of California. If you're taking groundwater from a probationary basin or a high- or medium-priority area without a groundwater sustainability agency, you need to report how much you took by February 1 each year. There are exceptions, such as small extractions, extractions already reported elsewhere, or those covered by certain court orders. The required reports must be filed with the board and include a fee. Reports can be filed by the extractor or an agency on their behalf.

(a)CA Water Code § 5202(a) This section applies to a person who does either of the following:
(1)CA Water Code § 5202(a)(1) Extracts groundwater from a probationary basin 90 days or more after the board designates the basin as a probationary basin pursuant to Section 10735.2.
(2)CA Water Code § 5202(a)(2) Extracts groundwater on or after July 1, 2017, in an area within a high- or medium-priority basin subject to the requirements of subdivision (a) of Section 10720.7 that is not within the management area of a groundwater sustainability agency and where the county does not assume responsibility to be the groundwater sustainability agency, as provided in subdivision (b) of Section 10724.
(b)CA Water Code § 5202(b) Except as provided in subdivision (c), a person subject to this section shall file a report of groundwater extraction by February 1 of each year for extractions made in the preceding water year.
(c)CA Water Code § 5202(c) Unless reporting is required pursuant to paragraph (2) of subdivision (c) of Section 10735.2, this section does not apply to any of the following:
(1)CA Water Code § 5202(c)(1) An extraction by a de minimis extractor.
(2)CA Water Code § 5202(c)(2) An extraction excluded from reporting pursuant to paragraph (1) of subdivision (c) of Section 10735.2.
(3)CA Water Code § 5202(c)(3) An extraction reported pursuant to Part 5 (commencing with Section 4999).
(4)CA Water Code § 5202(c)(4) An extraction that is included in annual reports filed with a court or the board by a watermaster appointed by a court or pursuant to statute to administer a final judgment determining rights to water. The reports shall identify the persons who have extracted water and give the general place of use and the quantity of water that has been extracted from each source.
(d)CA Water Code § 5202(d) Except as provided in Section 5209, the report shall be filed with the board.
(e)CA Water Code § 5202(e) The report may be filed by the person extracting water or on that person’s behalf by an agency that person designates and that maintains a record of the water extracted.
(f)CA Water Code § 5202(f) Each report shall be accompanied by the fee imposed pursuant to Section 1529.5.

Section § 5203

Explanation

This law requires that reports on groundwater extraction be submitted using a form from the water board. The report needs to include several details: the name and address of both the person extracting the groundwater and the one filing the report, the name of the water basin, the extraction location (with precise mapping details), the capacity of the extraction facilities, monthly extraction records, the purpose of the water usage, a description of where the water was used, the year extraction started, and any other specific information the board might ask for.

Each report shall be prepared on a form provided by the board. The report shall include all of the following information:
(a)CA Water Code § 5203(a) The name and address of the person who extracted groundwater and of the person filing the report.
(b)CA Water Code § 5203(b) The name of the basin from which groundwater was extracted.
(c)CA Water Code § 5203(c) The place of groundwater extraction. The location of the groundwater extraction facilities shall be depicted on a specific United States Geological Survey topographic map or shall be identified using the California Coordinate System or a latitude and longitude measurement. If assigned, the public land description to the nearest 40-acre subdivision and the assessor’s parcel number shall be provided.
(d)CA Water Code § 5203(d) The capacity of the groundwater extraction facilities.
(e)CA Water Code § 5203(e) Monthly records of groundwater extractions. The measurements of the extractions shall be made by a methodology, water-measuring device, or combination thereof satisfactory to the board.
(f)CA Water Code § 5203(f) The purpose of use.
(g)CA Water Code § 5203(g) A general description of the area in which the water was used. The location of the place of use shall be depicted on a specific United States Geological Survey topographic map or on any other maps with identifiable landmarks. If assigned, the public land description to the nearest 40-acre subdivision and the assessor’s parcel number shall also be provided.
(h)CA Water Code § 5203(h) As near as is known, the year in which the groundwater extraction was commenced.
(i)CA Water Code § 5203(i) Any information required pursuant to paragraph (3) of subdivision (c) of Section 10735.2.
(j)CA Water Code § 5203(j) Any other information that the board may require by regulation and that is reasonably necessary for purposes of this division or Part 2.74 (commencing with Section 10720) of Division 6.

Section § 5204

Explanation

If someone doesn't file a required report, the board can investigate and gather the necessary information at the person's expense. Before doing this, the board has to notify the person and give them 60 days to submit the report without any penalties.

(a)CA Water Code § 5204(a) If a person fails to file a report as required by this part, the board may, at the expense of that person, investigate and determine the information required to be reported pursuant to this part.
(b)CA Water Code § 5204(b) The board shall give a person described in subdivision (a) notice of its intention to investigate and determine the information required to be reported pursuant to this part and 60 days in which to file a required report without penalty.

Section § 5205

Explanation

This law states that reports or factual determinations made by the board regarding water use don't automatically give someone the right to divert or use water. Just because something is reported or figured out does not mean there's a legal right to the water.

A report submitted under this part or a determination of facts by the board pursuant to Section 5104 shall not establish or constitute evidence of a right to divert or use water.

Section § 5206

Explanation

This law ensures that any personal information included in a report about groundwater extraction is protected from being disclosed, just like the confidentiality provided for utility customer information of local agencies.

Personal information included in a report of groundwater extraction shall have the same protection from disclosure as is provided for information concerning utility customers of local agencies pursuant to Section 7927.410 of the Government Code.

Section § 5207

Explanation

This law states that if someone is required to file a report related to extracting groundwater, they cannot gain any legal rights to extract the groundwater or claim any legal time limit protection until they actually file the report.

A right to extract groundwater that may otherwise occur shall not arise or accrue to, and a statute of limitations shall not operate in favor of, a person required to file a report pursuant to this part until the person files the report.

Section § 5208

Explanation

This section tells us that any reports or measuring devices used for groundwater extraction under this part should be treated the same as those used starting with Section 5100. Essentially, they have the same legal standing and importance as those detailed in another part of the law, specifically Part 5.1.

Section 5107 applies to a report or measuring device required pursuant to this part. For purposes of Section 5107, a report of groundwater extraction, measuring device, or misstatement required, used, or made pursuant to this part shall be considered the equivalent of a statement, measuring device, or misstatement required, used, or made pursuant to Part 5.1 (commencing with Section 5100).

Section § 5209

Explanation

This law specifies the conditions under which groundwater extraction reports must be submitted to a designated local entity. First, the board must confirm that certain criteria are met regarding the extractions that need reporting. Second, the designated entity must have proper arrangements in place to collect and send any fees back to the board.

For groundwater extractions in a board-designated local area, reports required pursuant to this part shall be submitted to the entity designated pursuant to subdivision (e) of Section 5009 if both of the following occur:
(a)CA Water Code § 5209(a) The board determines that the requirements of subdivision (e) of Section 5009 have been satisfied with respect to extractions subject to reporting pursuant to this part, in addition to any groundwater extractions subject to Part 5 (commencing with Section 4999).
(b)CA Water Code § 5209(b) The designated entity has made satisfactory arrangements to collect and transmit to the board any fees imposed pursuant to paragraph (2) of subdivision (b) of Section 1529.5.