Unanswered questions for implementation of the Sustainable Groundwater Management Act

Abstract

Outlook Unanswered questions for implementation of the Sustainable Groundwater Management Act Michael Kiparsky, Director, Wheeler Water Institute, Center for Law, Energy & the Environment, UC Berkeley School of Law A rig drills a new well in Merced County. In the foreground is a pressure relief structure for subsurface water pipes. Groundwater accounts for between one-third and two-thirds of California’s water use in a given year and serves as a lifeline when surface water runs low during drought. In part because of California’s historical lack of groundwater use regulation, this crucial resource is threatened. In some areas, declining groundwater levels have caused the land surface to subside at a rate of more than one inch per month, damaging roads, canals and pipelines. Falling water tables are driving a well-drilling race that threatens farms, communi- ties and ecosystems. To address the problem of chronic groundwa- ter overdraft, SGMA, adopted in 2014, declares a state policy of managing groundwater sustainably, with sustainability defined as avoiding six specific undesirable results. These are “significant and unreasonable” (1) lowering of groundwater levels, (2) reduction in groundwater storage, (3) seawater intrusion, (4) water quality degradation, (5) land subsidence and (6) impacts on beneficial uses of interconnected surface waters. In concept, this forward-thinking framing aligns the requirements of the law with the im- pacts of unsustainable groundwater use and the actions needed to address those impacts. To accomplish these objectives, SGMA relies primarily on local control, with an enforcement backstop provided by the State Water Resources Control Board. New local entities called groundwa- ter sustainability agencies (GSAs) will do the bulk of the work of implementing SGMA by developing, implementing and updating groundwater sustain- ability plans (GSPs). A GSP provides the template for achieving sustainable groundwater manage- ment in a GSA’s jurisdiction within 20 years. GSAs must be formed by 2017 and GSPs completed by 2020 or 2022. http://calag.ucanr.edu • OCTOBER–DECEMBER 2016 165 Leigh Bernacchi C alifornia is grappling with the implications of the Sustainable Groundwater Management Act (SGMA), a visionary and potentially revolutionary law that could profoundly change the way water is managed in the state. The nature of the revolution, however, is not yet clear. Whether and how SGMA achieves its goals hinges on open questions about its implementation.