Cal. Code Regs. tit. 23 § 357.4

Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 357.4 - Coordination Agreements
(a) Agencies intending to develop and implement multiple Plans pursuant to Water Code Section 10727(b)(3) shall enter into a coordination agreement to ensure that the Plans are developed and implemented utilizing the same data and methodologies, and that elements of the Plans necessary to achieve the sustainability goal for the basin are based upon consistent interpretations of the basin setting.
(b) Coordination agreements shall describe the following:
(1) A point of contact with the Department.
(2) The responsibilities of each Agency for meeting the terms of the agreement, the procedures for the timely exchange of information between Agencies, and procedures for resolving conflicts between Agencies.
(3) How the Agencies have used the same data and methodologies for assumptions described in Water Code Section 10727.6 to prepare coordinated Plans, including the following:
(A) Groundwater elevation data, supported by the quality, frequency, and spatial distribution of data in the monitoring network and the monitoring objectives as described in Subarticle 4 of Article 5.
(B) A coordinated water budget for the basin, as described in Section 354.18, including groundwater extraction data, surface water supply, total water use, and change in groundwater in storage.
(C) Sustainable yield for the basin, supported by a description of the undesirable results for the basin, and an explanation of how the minimum thresholds and measureable objectives defined by each Plan relate to those undesirable results, based on information described in the basin setting.
(c) The coordination agreement shall explain how the Plans implemented together, satisfy the requirements of the Act and are in substantial compliance with this Subchapter.
(d) The coordination agreement shall describe a process for submitting all Plans, Plan amendments, supporting information, all monitoring data and other pertinent information, along with annual reports and periodic evaluations.
(e) The coordination agreement shall describe a coordinated data management system for the basin, as described in Section 352.6.
(f) Coordination agreements shall identify adjudicated areas within the basin, and any local agencies that have adopted an Alternative that has been accepted by the Department. If an Agency forms in a basin managed by an Alternative, the Agency shall evaluate the agreement with the Alternative prepared pursuant to Section 358.2 and determine whether it satisfies the requirements of this Section.
(g) The coordination agreement shall be submitted to the Department together with the Plans for the basin and, if approved, shall become part of the Plan for each participating Agency.
(h) The Department shall evaluate a coordination agreement for compliance with the procedural and technical requirements of this Section, to ensure that the agreement is binding on all parties, and that provisions of the agreement are sufficient to address any disputes between or among parties to the agreement.
(i) Coordination agreements shall be reviewed as part of the five-year assessment, revised as necessary, dated, and signed by all parties.

Cal. Code Regs. Tit. 23, § 357.4

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 10721, 10727.2, 10727.6, 10733, 10733.2, 10733.4 and 10733.8, Water Code.

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).