Section 345.2 - Basis for Denial of Request for Boundary ModificationThe Department will evaluate boundary modification requests to determine whether the request has the overall effect of promoting sustainable groundwater management. A request may be denied if one or more factors that could limit substantial compliance with the Act are identified, including the following:
(a) The proposed boundary modification may limit the opportunity or likelihood of any of the following: (1) Sustainable groundwater management in the proposed basin or subbasin.(2) Sustainable groundwater management in other basins or subbasins.(3) Groundwater storage or recharge in the proposed or adjacent basins or subbasins.(4) Coordination of management activities and the sharing of data and information across basin or subbasin boundaries.(b) The requesting agency is unable to provide information that would allow the Department to assess whether there is a history of sustainable management of groundwater levels in the existing or proposed basin or subbasin.(c) For scientific modifications, if the Department does not consider that the available scientific evidence supports the addition, deletion, or relocation of a basin or subbasin boundary.(d) The requesting agency has failed to provide all required information or information deemed necessary by the Department or has failed to substantially comply with the requirements of this Subchapter.(e) The proposed boundary modification could result in the isolation of areas with known groundwater management problems, or of areas, including disadvantaged communities, that may lack the institutional infrastructure or economic resources to form an effective groundwater sustainability agency or develop an implementable groundwater sustainability plan or alternative, or any other groundwater management plan.(f) The proposed boundary modification could result in the creation of unmanaged areas.(g) An objection to a jurisdictional boundary modification has been raised by any of the following: (1) An agency created by statute to manage groundwater.(2) The Watermaster or other manager of an adjudicated groundwater basin or portion of a groundwater basin.(3) An exclusive local agency for compliance with the Act within their statutory boundaries.(4) A county in which the proposed boundary modification would occur.(h) Where the Department finds that the requested boundary modification would be inconsistent with the objectives of the Act.Cal. Code Regs. Tit. 23, § 345.2
1. New section filed 11-6-2015 as an emergency and exempt from review by the Office of Administrative Law pursuant to subdivision (b) of Water Code section 10722.2; operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section 10722.2, shall remain in effect until revised by the Department of Water Resources (Register 2015, No. 45). Note: Authority cited: Section 10722.2, Water Code. Reference: Sections 10720.8, 10722.2, 10723, 10727, 10733.6 and 10753.7, Water Code.
1. New section filed 11-6-2015 as an emergency and exempt from review by the Office of Administrative Law pursuant to subdivision (b) of Water Code section 10722.2; operative 11-16-2015 and, pursuant to subdivision (b) of Water Code section 10722.2, shall remain in effect until revised by the Department of Water Resources (Register 2015, No. 45).