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 355.4 - Criteria for Plan Evaluation

Universal Citation: 23 CA Code of Regs 355.4

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

The basin shall be sustainably managed within 20 years of the applicable statutory deadline consistent with the objectives of the Act. The Department shall evaluate an adopted Plan for compliance with this requirement as follows:

(a) An adopted Plan must satisfy all of the following conditions:

(1) The Plan was submitted within the statutory deadline, as applicable.

(2) The Plan is complete and includes the information required by the Act and this Subchapter, including a coordination agreement, if required.

(3) The Plan, either on its own or in coordination with other Plans, covers the entire basin.

(4) The Agency has taken corrective actions, within the period described in Section 355.2, to address any deficiencies in the Plan identified by the Department.

(b) The Department shall evaluate a Plan that satisfies the requirements of Subsection (a) to determine whether the Plan, either individually or in coordination with other Plans, complies with the Act and substantially complies with the requirements of this Subchapter. Substantial compliance means that the supporting information is sufficiently detailed and the analyses sufficiently thorough and reasonable, in the judgment of the Department, to evaluate the Plan, and the Department determines that any discrepancy would not materially affect the ability of the Agency to achieve the sustainability goal for the basin, or the ability of the Department to evaluate the likelihood of the Plan to attain that goal. When evaluating whether a Plan is likely to achieve the sustainability goal for the basin, the Department shall consider the following:

(1) Whether the assumptions, criteria, findings, and objectives, including the sustainability goal, undesirable results, minimum thresholds, measurable objectives, and interim milestones are reasonable and supported by the best available information and best available science.

(2) Whether the Plan identifies reasonable measures and schedules to eliminate data gaps.

(3) Whether sustainable management criteria and projects and management actions are commensurate with the level of understanding of the basin setting, based on the level of uncertainty, as reflected in the Plan.

(4) Whether the interests of the beneficial uses and users of groundwater in the basin, and the land uses and property interests potentially affected by the use of groundwater in the basin, have been considered.

(5) Whether the projects and management actions are feasible and likely to prevent undesirable results and ensure that the basin is operated within its sustainable yield.

(6) Whether the Plan includes a reasonable assessment of overdraft conditions and includes reasonable means to mitigate overdraft, if present.

(7) Whether the Plan will adversely affect the ability of an adjacent basin to implement its Plan or impede achievement of its sustainability goal.

(8) Whether coordination agreements, if required, have been adopted by all relevant parties, and satisfy the requirements of the Act and this Subchapter.

(9) Whether the Agency has the legal authority and financial resources necessary to implement the Plan.

(10) Whether the Agency has adequately responded to comments that raise credible technical or policy issues with the Plan.

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, 10723.2, 10727, 10727.2, 10727.4, 10727.6, 10733, 10733.2 and 10733.4, Water Code.

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