California Code of Regulations
Title 23 - Waters
Division 2 - Department of Water Resources
Chapter 1.5 - Groundwater Management
Subchapter 2 - Groundwater Sustainability Plans
Article 9 - Alternatives
Section 358.2 - Alternatives to Groundwater Sustainability Plans

Universal Citation: 23 CA Code of Regs 358.2

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

(a) The entity that submits an Alternative shall demonstrate that the Alternative applies to the entire basin and satisfies the requirements of Water Code Section 10733.6.

(b) An Alternative shall be submitted to the Department by January 1, 2017, and every five years thereafter. A local agency or party directed by a court that submits an Alternative based on an adjudication action described in Water Code Section 10737.4 may submit the adjudication action to the Department for evaluation after January 1, 2017.

(c) An Alternative submitted to the Department shall include the following information:

(1) An Alternative submitted pursuant to Water Code Section 10733.6(b)(1) shall include a copy of the groundwater management plan.

(2) An Alternative submitted pursuant to Water Code Section 10733.6(b)(2) that is not an adjudicated area described in Water Code Section 10720.8 shall include the following:
(A) Information demonstrating that the adjudication submitted to the Department as an Alternative is a comprehensive adjudication as defined by Chapter 7 of Title 10 of Part 2 of the Code of Civil Procedure (commencing with Section 830).

(B) A copy of the proposed stipulated judgment.

(3) An Alternative submitted pursuant to Water Code Section 10733.6(b)(3) shall provide information that demonstrates the basin has operated within its sustainable yield over a period of at least 10 years. Data submitted in support of this Alternative shall include continuous data from the end of that 10-year period to current conditions.

(d) The entity submitting an Alternative shall explain how the elements of the Alternative are functionally equivalent to the elements of a Plan required by Articles 5 and 7 of this Subchapter and are sufficient to demonstrate the ability of the Alternative to achieve the objectives of the Act.

(e) After an Alternative has been approved by the Department, if one or more Plans are adopted within the basin, the Alternative shall be revised, as necessary, to reflect any changes that may have resulted from adoption of the Plan, and the local agency responsible for the Alternative and Agency responsible for the Plan shall enter into an agreement that satisfies the requirements of Section 357.4.

(f) Any person may provide comments to the Department regarding an Alternative in a manner consistent with Section 353.8.

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 10727, 10727.2, 10733, 10733.2, 10733.6, 10733.8 and 10737.4, Water Code.

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