The California Water PlanThe California Water Plan

Section § 10004

Explanation

This law outlines the process for maintaining and updating The California Water Plan. This plan is a comprehensive strategy for managing the state's water resources sustainably. The plan must be updated every five years, and the State must report these updates to the Legislature. To aid in updates, an advisory committee with diverse representation from agriculture, government, business, and environmental sectors is established to provide guidance. The public can attend advisory meetings and comment on draft plans. Their feedback is considered for the final version.

(a)CA Water Code § 10004(a) The plan for the orderly and coordinated control, protection, conservation, development, and utilization of the water resources of the state which is set forth and described in Bulletin No. 1 of the State Water Resources Control Board entitled “Water Resources of California,” Bulletin No. 2 of the State Water Resources Control Board entitled, “Water Utilization and Requirements of California,” and Bulletin No. 3 of the department entitled, “The California Water Plan,” with any necessary amendments, supplements, and additions to the plan, shall be known as “The California Water Plan.”
(b)Copy CA Water Code § 10004(b)
(1)Copy CA Water Code § 10004(b)(1) The department shall update The California Water Plan on or before December 31, 2003, and every five years thereafter. The department shall report the amendments, supplements, and additions included in the updates of The California Water Plan, together with a summary of the department’s conclusions and recommendations, to the Legislature in the session in which the updated plan is issued.
(2)Copy CA Water Code § 10004(b)(2)
(A)Copy CA Water Code § 10004(b)(2)(A) The department shall establish an advisory committee, comprised of representatives of agricultural and urban water suppliers, local government, business, production agriculture, and environmental interests, and other interested parties, to assist the department in the updating of The California Water Plan. The department shall consult with the advisory committee in carrying out this section. The department shall provide written notice of meetings of the advisory committee to any interested person or entity that request the notice. The meetings shall be open to the public.
(B)CA Water Code § 10004(b)(2)(A)(B) The department may add members to the advisory committee to carry out the purposes of Section 10004.7. Additional advisory committee members may include those from environmental justice sectors, local water supply agencies, and researchers and experts on climate science, climate science solutions, water storage, water conveyance, and environmental protection.
(3)CA Water Code § 10004(b)(3) The department shall release a preliminary draft of The California Water Plan, as updated, upon request, to interested persons and entities throughout the state for their review and comments. The department shall provide these persons and entities an opportunity to present written or oral comments on the preliminary draft. The department shall consider these comments in the preparation of the final publication of The California Water Plan, as updated.
California Water Plan water resources management advisory committee ...

Section § 10004.5

Explanation

This section requires the California Department of Water Resources to update The California Water Plan by including different strategies for meeting future water needs. The plan should discuss methods like developing new water storage, conserving water, recycling water, desalination, using water resources together, and transferring water. It should also consider how changing water pricing policies could affect usage. Additionally, the plan must evaluate the pros and cons of each strategy and identify any needed federal or state approvals or permits.

As part of the requirement of the department to update The California Water Plan pursuant to subdivision (b) of Section 10004, the department shall include in the plan a discussion of various strategies, including, but not limited to, those relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, and water transfers that may be pursued in order to meet the future water needs of the state. The department shall also include a discussion of the potential for alternative water pricing policies to change current and projected uses. The department shall include in the plan a discussion of the potential advantages and disadvantages of each strategy and an identification of all federal and state permits, approvals, or entitlements that are anticipated to be required in order to implement the various components of the strategy.
California Water Plan water storage facilities water conservation ...

Section § 10004.6

Explanation

This law outlines the process for updating The California Water Plan every five years. It requires the Department of Water Resources to conduct a detailed study to determine how much water California will need in the future. The department must also recommend ways to meet those needs. They have to consult with an advisory committee and release preliminary findings, allowing public review and input.

The study will cover various factors such as water availability from rain and streams, groundwater supplies, and current and future land use, including residential and industrial sectors. It also looks at environmental water needs, population changes, and water use in different settings. The law highlights evaluating water use conservation, recycling, and reuse. The department must also consider if different water pricing could affect water consumption patterns.

Lastly, the law states that updating data doesn't have to be limited or expanded beyond what's necessary for the study.

(a)CA Water Code § 10004.6(a) As part of updating The California Water Plan every five years pursuant to subdivision (b) of Section 10004, the department shall conduct a study to determine the amount of water needed to meet the state’s future needs and to recommend programs, policies, and facilities to meet those needs.
(b)CA Water Code § 10004.6(b) The department shall consult with the advisory committee established pursuant to subdivision (b) of Section 10004 in carrying out this section.
(c)CA Water Code § 10004.6(c) On or before January 1, 2002, and one year prior to issuing each successive update to The California Water Plan, the department shall release a preliminary draft of the assumptions and other estimates upon which the study will be based, to interested persons and entities throughout the state for their review and comments. The department shall provide these persons and entities an opportunity to present written or oral comments on the preliminary draft. The department shall consider these documents when adopting the final assumptions and estimates for the study. For the purpose of carrying out this subdivision, the department shall release, at a minimum, assumptions and other estimates relating to all of the following:
(1)CA Water Code § 10004.6(c)(1) Basin hydrology, including annual rainfall, estimated unimpaired streamflow, depletions, and consumptive uses.
(2)CA Water Code § 10004.6(c)(2) Groundwater supplies, including estimates of sustainable yield, supplies necessary to recover overdraft basins, and supplies lost due to pollution and other groundwater contaminants.
(3)CA Water Code § 10004.6(c)(3) Current and projected land use patterns, including the mix of residential, commercial, industrial, agricultural, and undeveloped lands.
(4)CA Water Code § 10004.6(c)(4) Environmental water needs, including regulatory instream flow requirements, nonregulated instream uses, and water needs by wetlands, preserves, refuges, and other managed and unmanaged natural resource lands.
(5)CA Water Code § 10004.6(c)(5) Current and projected population.
(6)CA Water Code § 10004.6(c)(6) Current and projected water use for all of the following:
(A)CA Water Code § 10004.6(c)(6)(A) Interior uses in a single-family dwelling.
(B)CA Water Code § 10004.6(c)(6)(B) Exterior uses in a single-family dwelling.
(C)CA Water Code § 10004.6(c)(6)(C) All uses in a multifamily dwelling.
(D)CA Water Code § 10004.6(c)(6)(D) Commercial uses.
(E)CA Water Code § 10004.6(c)(6)(E) Industrial uses.
(F)CA Water Code § 10004.6(c)(6)(F) Parks and open spaces.
(G)CA Water Code § 10004.6(c)(6)(G) Agricultural water diversion and use.
(7)CA Water Code § 10004.6(c)(7) Evapotranspiration rates for major crop types, including estimates of evaporative losses by irrigation practice and the extent to which evaporation reduces transpiration.
(8)CA Water Code § 10004.6(c)(8) Current and projected adoption of urban and agricultural conservation practices.
(9)CA Water Code § 10004.6(c)(9) Current and projected supplies of water provided by water recycling and reuse.
(d)CA Water Code § 10004.6(d) The department shall include a discussion of the potential for alternative water pricing policies to change current and projected water uses identified pursuant to paragraph (6) of subdivision (c).
(e)CA Water Code § 10004.6(e) Nothing in this section requires or prohibits the department from updating any data necessary to update The California Water Plan pursuant to subdivision (b) of Section 10004.
California Water Plan water needs assessment advisory committee consultation ...

Section § 10004.7

Explanation

The California Department of Water Resources is tasked with updating the California Water Plan to improve groundwater recharge opportunities, ensuring no reduction in water for environmental or other lawful purposes. They will work with various boards and committees to offer recommendations that enhance groundwater supply, focusing on projects that offer multiple benefits.

The recommendations should detail immediate opportunities, estimate potential recharge volumes, address the variability in hydrology, identify legal and regulatory needs, and explore financial incentives. Specific locations for recharge will also be identified to protect safe drinking water and improve water quality.

Additionally, they must assess the costs and benefits (both economic and non-economic) of implementing these strategies. Importantly, the law won't change current water storage, impact water rights, or prioritize water use types.

(a)Copy CA Water Code § 10004.7(a)
(1)Copy CA Water Code § 10004.7(a)(1) The department, as part of the 2028 update, and each subsequent update thereafter, to The California Water Plan required pursuant to Section 10004, shall utilize its expertise in sustainable groundwater management to provide actionable recommendations to develop additional groundwater recharge opportunities that increase the recharge of the state’s groundwater basins without reducing the amount of water available for environmental purposes or any other purpose allowed under state law.
(2)CA Water Code § 10004.7(a)(2) The department shall consult with the state board, the nine regional water quality control boards, and the advisory committee established pursuant to subdivision (b) of Section 10004 in carrying out this section.
(3)CA Water Code § 10004.7(a)(3) The recommendations shall identify immediate opportunities and potential long-term solutions to increase the state’s groundwater supply, with a priority on multibenefit projects. The recommendations shall include all of the following:
(A)CA Water Code § 10004.7(a)(3)(A) An estimate of the volume of recharge that could potentially be realized by the enactment of the recommendations.
(B)CA Water Code § 10004.7(a)(3)(B) A discussion of the variability of the quantities of water potentially available for recharge given varying hydrogeologic environments.
(C)CA Water Code § 10004.7(a)(3)(C) An identification of the legal and regulatory requirements for recharge projects.
(D)CA Water Code § 10004.7(a)(3)(D) A discussion of the possible financial or regulatory incentives that could support the development of recharge projects.
(E)CA Water Code § 10004.7(a)(3)(E) An identification of locations and a description of how groundwater recharge at those locations can protect access to safe drinking water and provide water quality benefits.
(F)CA Water Code § 10004.7(a)(3)(F) An identification of best practices to advance all benefits of groundwater recharge, including, but not limited to:
(i)CA Water Code § 10004.7(a)(3)(F)(i) Analysis regarding where groundwater recharge will be effective and protective of access to safe drinking water consistent with Section 106.3.
(ii)CA Water Code § 10004.7(a)(3)(F)(ii) Mapping that identifies areas where recharge is unlikely to degrade groundwater quality based on consideration of the quality and composition of the source water, the qualities of the soil upon which recharge will occur, and the proximity to drinking water wells.
(4)CA Water Code § 10004.7(a)(4) The department shall, to the extent feasible, evaluate the potential economic and noneconomic costs and benefits of implementing the recommendations.
(b)CA Water Code § 10004.7(b) Nothing in this section shall do any of the following:
(1)CA Water Code § 10004.7(b)(1) Limit or reduce the existing surface storage of water.
(2)CA Water Code § 10004.7(b)(2) Affect or change any water right.
(3)CA Water Code § 10004.7(b)(3) Prioritize any one use of water over another use, define what is to be considered a beneficial use of water, or in any way influence how the increased supply of groundwater under this part shall be used.
(c)CA Water Code § 10004.7(c) For purposes of this section, the following definitions shall apply:
(1)CA Water Code § 10004.7(c)(1) “Groundwater recharge” means a process where water moves down from the ground surface or the bottom of a waterway and infiltrates an underlying aquifer. Groundwater recharge actions include increasing the amount of raw, treated, or recycled water in the groundwater basins through human-controlled means, including, but not limited to, use of aquifer storage and recovery wells, injection wells, surface spreading basins, field flooding, stormwater capture, flood managed basins, and in-lieu recharge.
(2)CA Water Code § 10004.7(c)(2) “Groundwater supply” means water that at any point in time is being stored underground that is available for human use and environmental protection to sustain the state’s future.
groundwater recharge sustainable groundwater management California Water Plan ...

Section § 10005

Explanation

This law states that Californians focus on managing and using water resources through a master plan known as The California Water Plan. It guides how water is controlled, protected, and developed efficiently. However, it doesn’t authorize specific water projects or funding without more legislative action, and it doesn’t prevent any entity from developing water resources independently.

(a)CA Water Code § 10005(a) It is hereby declared that the people of the state have a primary interest in the orderly and coordinated control, protection, conservation, development, and utilization of the water resources of the state by all individuals and entities and that it is the policy of the state that The California Water Plan, with any necessary amendments, supplements, and additions to the plan, is accepted as the master plan which guides the orderly and coordinated control, protection, conservation, development, management and efficient utilization of the water resources of the state.
(b)CA Water Code § 10005(b) The declaration set forth in subdivision (a) does not constitute approval for the construction of specific projects or routes for transfer of water, or for financial assistance, by the state, without further legislative action, nor shall the declaration be construed as a prohibition of the development of the water resources of the state by any entity.
California Water Plan water resources water management ...

Section § 10005.1

Explanation

This law requires the Department of Water Resources or the California Water Commission to hold hearings. These hearings will involve interested parties, organizations, and various government agencies to ensure representation from different geographical areas and interests throughout the state.

The department or, at the department’s request, the California Water Commission, shall conduct a series of hearings with interested persons, organizations, local, state, and federal agencies, and representatives of the diverse geographical areas and interests of the state.
Department of Water Resources California Water Commission hearings ...

Section § 10005.2

Explanation

Before having a hearing according to Section 10005.1, the department must send a notice by mail about the hearing to anyone who has asked for such notices and has shared their name and address with the department.

Prior to holding a hearing pursuant to Section 10005.1, the department shall give notice by mail of the hearing to persons and entities which have requested notice and have provided their name and address to the department.
hearing notice mail notification request notice ...

Section § 10006

Explanation

This section indicates that the rules in this part of the law don't change or override anything stated in Part 3 of the same division.

The provisions of this part do not repeal or modify any of the provisions of Part 3 of this division.
provisions repeal modify ...

Section § 10007

Explanation

This law states that any previous applications submitted by the Department of Finance or the Department of Water Resources will remain valid, keeping their original status and priority as outlined in Part 2 of Division 6, regardless of any new rules or changes in this section.

Notwithstanding anything contained in this part, all applications heretofore filed by the Department of Finance or by the Department of Water Resources under Part 2 of Division 6 shall remain valid and shall retain and have the status and priority accorded to such applications as now or hereafter provided in said Part 2.
Department of Finance Department of Water Resources application validity ...

Section § 10008

Explanation

This law recognizes the potential benefits of transferring water from the federal Central Valley Project to local public entities for farming and urban needs.

The Legislature wants these water transfer contracts to help boost California's economy, benefit the public, and protect the environment.

To achieve this, the director is tasked with negotiating with the U.S. Bureau of Reclamation to secure temporary rights to stored water for state use.

The Legislature hereby finds and declares that agreements which provide for the transfer of water from the federal Central Valley Project to public entities supplying water for domestic or irrigation use offer potential benefits to California’s hard-pressed farmers and to California’s water-dependent urban areas.
It is the intent of the Legislature that these contracts be entered into for the purposes of strengthening California’s economy, serving the public, and protecting the environment.
The director shall continue to pursue negotiations with the United States Bureau of Reclamation to contract for the interim rights to stored water from the federal Central Valley Project for use in the State Water Resources Development System by state water supply contractors.
Central Valley Project water transfer domestic water use ...

Section § 10009

Explanation

This law allows the director to talk with the U.S. Bureau of Reclamation so that people and public groups who have rights to water from the Central Valley Project can make contracts to share this water with other public entities in California, specifically for use in homes, farming, or protecting the environment during water shortages.

The director shall pursue discussions with the United States Bureau of Reclamation to permit persons and public entities which have entitlements to water from the federal Central Valley Project, to enter into legally binding contracts with any public entity which supplies water for domestic use, irrigation use, or environmental protection in this state for the transfer of federal water entitlements during times of shortage.
Central Valley Project water entitlements federal water ...

Section § 10011

Explanation

When creating the California Water Plan, the director must hold at least one public hearing in the Sacramento-San Joaquin Delta and seek input from local water agencies, farming groups, environmentalists, and those using exported water. The plan should explore various ways to enhance and protect the delta's current uses and setup, evaluating their pros and cons. However, these steps will only be taken if funds are allocated in the state budget.

(a)CA Water Code § 10011(a) In preparing the California Water Plan, the director shall conduct at least one public hearing within the boundaries of the Sacramento-San Joaquin Delta, and shall solicit the comments of water agencies within the delta, agricultural groups representative of delta agricultural activity, environmental groups concerned with protecting delta wildlife habitat, and groups representative of those who utilize water exported from the delta.
(b)CA Water Code § 10011(b) The California Water Plan shall include a discussion of various alternatives, including their advantages and disadvantages, for improving and protecting the current uses and configuration of the Sacramento-San Joaquin Delta.
(c)CA Water Code § 10011(c) Subdivisions (a) and (b) shall be implemented only to the extent money is appropriated in the annual Budget Act to carry out this section.
California Water Plan public hearing Sacramento-San Joaquin Delta ...

Section § 10013

Explanation

This section requires the California Department to include a report on developing regional and local water projects in the state’s Water Plan. This is aimed at improving water supply for cities, agriculture, and the environment while reducing reliance on importing water.

The report should cover projects involving technologies like desalting groundwater and ocean water, reclaiming wastewater, and building better water treatment facilities. It should also address dual water systems and brine lines, especially in new developments and upgrades in existing areas.

The department, as a part of the preparation of the department’s Bulletin 160-03, shall include in the California Water Plan a report on the development of regional and local water projects within each hydrologic region of the state, as described in the department’s Bulletin 160-98, to improve water supplies to meet municipal, agricultural, and environmental water needs and minimize the need to import water from other hydrologic regions. The report shall include, but is not limited to, regional and local water projects that use technologies for desalting brackish groundwater and ocean water, reclaiming water for use within the community generating the water to be reclaimed, the construction of improved potable water treatment facilities so that water from sources determined to be unsuitable can be used, and the construction of dual water systems and brine lines, particularly in connection with new developments and when replacing water piping in developed or redeveloped areas.
California Water Plan regional water projects local water projects ...