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City of Pleasanton Legislative Platform 2016 • o • The Honorable Lois Wolk Senate Bill 1317 March 14,2016 Page 2 government, are also diligently working to establish their GSA by the deadline. Local agencies have also been working collaboratively with DWR staff in the development of the regulations for evaluating GSP but understandably want to see the final regulations in print before developing their GSP. To that end, RCRC, CSAC and the LCC believe SB 1317 would get ahead of the GSA/GSP process and would intervene in the local agency decision-making process which is a key element and foundation of SGMA. Some of the specific concerns with SB 1317 include that out of the 127 high and medium priority basins only 21 have been designated as being in critical overdraft and the legislation would impose requirements in areas that do not have a groundwater problem. Second, for areas that may be experiencing a groundwater problem, SB 1317 provides a prescriptive solution that may not be in the local interest or the best approach to address the issue. SGMA was premised on local control and the"one size fits all"approach as outlined in SB 1317 would undermine both the premise and spirit of SGMA. A well permit is currently a relatively simple and low cost process in which a landowner is attempting to utilize their water rights and with counties fully vested in SGMA each permit is reviewed through that lens. SB 1317 would create the need for a conditional use permit(CUP)for wells which can be a lengthy and costly process for local govemment creating an undue burden which may not even address the issue. Additionally, SB 1317 as drafted would require cities and counties to use a CUP process for new well permit applications even in adjudicated basins, which under SGMA are not required to complete a GSP. Additionally,local agencies are moving forward independently to address the issue in a manner that meets their local needs without the mandate of SB 1317 and within existing authorities. For example, Glenn County adopted an emergency ordinance creating a six-month moratorium on new well permits when monitoring data revealed early indications of subsidence suspected of being related to new areas of the county being brought into irrigated agricultural production. Finally, the GSAs are to develop their GSPs to provide sustainable groundwater management which SGMA defines as the management and use of groundwater in a manner that can be maintained during the planning and implementation horizon without causing undesirable results. The statutory deadline for the GSP is January 31,2020 and yet SB 1317 would impose a scheme for preventing an undesirable result that is premature and may not be germane to any given local area. In fact, in order to support the use of a CUP, local governments would need to redirect resources (human and financial) to develop the data necessary to minimize the risk of litigation related to "takings°; resources that could more effectively used in meeting GSP requirements. 33IPage