California Code of Regulations
Title 23 - Waters
Division 2 - Department of Water Resources
Chapter 1.5 - Groundwater Management
Subchapter 2 - Groundwater Sustainability Plans
Article 6 - Department Evaluation and Assessment
Section 355.2 - Department Review of Adopted Plan

Universal Citation: 23 CA Code of Regs 355.2

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The Agency shall submit a copy of the adopted Plan to the Department for evaluation and the Department shall assign a submittal date to the Plan based on the day the Plan is received.

(b) The Department shall post the adopted Plan, submittal date, and materials submitted by the Agency on the Department's website within 20 days of receipt.

(c) The Department shall establish a period of no less than 60 days to receive public comments on the adopted Plan, as described in Section 353.8.

(d) If the Board has jurisdiction over the basin or a portion of the basin pursuant to Water Code Section 10735.2, the Department, after consultation with the Board, may proceed with an evaluation of a Plan.

(e) The Department shall evaluate a Plan within two years of its submittal date and issue a written assessment of the Plan, which shall be posted on the Department's website. The assessment shall include a determination of the status of the Plan, as follows:

(1) Approved. The Department shall approve a Plan that satisfies the requirements of the Act and is in substantial compliance with this Subchapter, based on the criteria described in Section 355.4.

(2) Incomplete. The Department has determined that the Plan has one or more deficiencies that preclude approval, but which may be capable of being corrected by the Agency in a timely manner. An incomplete Plan may be completed and resubmitted to the Department for evaluation as follows:
(A) A Plan that is determined to be incomplete prior to the statutory deadline may be revised and resubmitted to the Department prior to the applicable deadline.

(B) A Plan that is determined to be incomplete after the statutory deadline, or less than 180 days prior to the statutory deadline, may be revised and resubmitted to the Department if the Department has determined that the Plan has minor deficiencies that could be addressed by the Agency in a timely manner through corrective actions, which may be recommended by the Department.
(i) The Department may consult with the Agency to determine the amount of time needed by the Agency to address any deficiencies, not to exceed 180 days from the date the Department issues the assessment.

(ii) No time limit shall apply to address deficiencies to Plans submitted for low or very low priority basins.

(3) Inadequate. The Department shall disapprove a Plan if the Department, after consultation with the board, determines that a Plan is inadequate based on any of the following:
(A) The Plan does not satisfy the requirements of Section 355.4(a), and any deficiencies have not been corrected prior to the statutory deadline.

(B) The Plan contains significant deficiencies based on one or more criteria identified in Section 355.4(b), and any deficiencies have not been corrected prior to the statutory deadline.

(C) The Plan was determined to be incomplete, and the Agency has not taken sufficient actions to correct any deficiencies identified by the Department.

1. New section filed 8-15-2016 as an emergency exempt from review by OAL pursuant to Water Code section 10733.2(d); operative 8-15-2016. Pursuant to Water Code section 10733.2(d), these regulations shall remain in effect until revised by the Department of Water Resources (Register 2016, No. 34).

Note: Authority cited: Section 10733.2, Water Code. Reference: Sections 10720.7, 10722.4, 10727, 10733, 10733.2, 10733.4 and 10735.2, Water Code.

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