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An Introduction to Special Act districts Roy Hull DWR-Northern Region Office https://aadev.resources.ca.gov/
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Discussion Topics What are Special Districts and What are Special Act Districts (SAD)? What is so “Special” about them? Research that has been completed and some of the Findings? New legislation related to SADs Next steps
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Special Districts (AKA local agency) §10752 (g) of the Water Code “Local agency” means a local public agency that provides water service to all or a portion of its service area, and includes a joint powers authority formed by local public agencies that provide water service.
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Click to edit the outline text format Second Outline Level Third Outline Level Fourth Outline Level Fifth Outline Level Sixth Outline Level Seventh Outline Level Eighth Outline Level Ninth Outline LevelClick to edit Master text styles Second level Third level Fourth level Fifth level Special Districts and the water code IRRIGATION COUNTY WATER CA WATER CA WATER STORAGE RECLAMATION County WATERWORKS WATER REPLENISHMENT LEVEE MUNICIPAL WATER WATER CONSERVATION
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Special Districts outside the Water Code Community Services District – Government Code Municipal and Public Utility Districts – Public Utility Code Resource Conservation District – Public Resources Code
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Click icon to add picture For some… the Existing Generic district rules do not work Need more or less authorities changes Can’t wait for Legislation There is hope with Special ”act” District!!
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A little about Special “ACT” districts Individually developed, approved by the legislature and governor Not easy or used very often Only 141 Authorized since the late 1800’s (11 Repealed) 114 specific local agencies were created Levee, Swamp Land, Protection, Drainage, Reclamation, Storm, Flood Control, Water, Flood Control and Water Conservation, etc.
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More about Special “ACT” districts not easy to track and Manage Does not modify ‘Code’ !!!!! You need to look in the Legislative clerk archives () You need to know the Year, Chapter or page Don’t even mention the amendments
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Click to edit the outline text format Second Outline Level Third Outline Level Fourth Outline Level Fifth Outline Level Sixth Outline Level Seventh Outline Level Eighth Outline Level Ninth Outline LevelClick to edit Master text styles Second level Third level Fourth level Fifth level Example: Sierra and Long Valley GWM Steps to find legislation Select year of interest and Save Summary PFD Perform Text Recognition Search for Keyword to Chapter Locate legislation in applicable volume
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Better Way State does not keep track of the Special Act Legislation West’s Annotated California Codes Request the chapter (1-141) Contains the legislation with amendments Must be cited if used Contact our legal department with request
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Click to edit the outline text format Second Outline Level Third Outline Level Fourth Outline Level Fifth Outline Level Sixth Outline Level Seventh Outline Level Eighth Outline Level Ninth Outline LevelClick to edit Master text styles Second level Third level Fourth level Fifth level Bulletin 118 - 2003 Desert Water Agency Fox Canyon GWM Agency Honey Lake GWM District Long Valley GWM District Mendocino City CSD* Mono County Tri-Valley GWM District Monterey Peninsula Water Management District Ojai GW Management Agency Orange County Water District Pajaro Valley Water Management Agency Santa Clara Valley Water District Sierra Valley GWM District Willow Creek GWM Agency
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CA Water Plan GW Update activities Research all legislation to see which provide authorization for GWM(P) or Activities related to GWM Develop a GW Management plan Control GW related exports fees or taxes on GW pumping or for activities Regulate and/or require the reporting of GW pumping Other identified GW management activities (recharge, conjunctive management, etc.)
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CA Water Plan GW Update activities Publish a new list Authorized for GWM Draft list completed The legislation is Not a GW Management Plan nor does it provide any GWM details Publish a new list for GW related activities Draft list completed
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Click to edit the outline text format Second Outline Level Third Outline Level Fourth Outline Level Fifth Outline Level Sixth Outline Level Seventh Outline Level Eighth Outline Level Ninth Outline LevelClick to edit Master text styles Second level Third level Fourth level Fifth level Bulletin 118 – 2003 GWMP Authority Desert Water Agency Fox Canyon GWM Agency Honey Lake GWM District Long Valley GWM District Mendocino City CSD* Mono County Tri-Valley GWM District Monterey Peninsula Water Management District Ojai GW Management Agency Orange County Water District Pajaro Valley Water Management Agency Santa Clara Valley Water District Sierra Valley GWM District Willow Creek GWM Agency
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Click to edit the outline text format Second Outline Level Third Outline Level Fourth Outline Level Fifth Outline Level Sixth Outline Level Seventh Outline Level Eighth Outline Level Ninth Outline LevelClick to edit Master text styles Second level Third level Fourth level Fifth level Which Special Act Districts have GWM(P) authority provided by legislation? Monterey Peninsula Water Management District Sierra Valley and Long Valley Groundwater Basins Fox Canyon Groundwater Management Agency Pajaro Valley Water Management Agency Mono County Tri–Valley Groundwater Management District Honey Lake Valley Groundwater Basin Ojai Basin Groundwater Management Agency Willow Creek Valley Groundwater Basin Lake County Watershed Protection District Sacramento County Water Agency Castaic Lake Water Agency Antelope Valley Storm Water Conservation and Flood Control District Surprise Valley Groundwater Basin
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New Special Act Districts have GWM(P) authority provided by legislation Lake County Watershed Protection District § 62–24.5. GWMP Sacramento County Water Agency – (More research is needed) § 66–32 - 35. GwM Zones Fees, Cessation or Reduction of Groundwater Extraction, etc.
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New Special Act Districts have GWM(P) authority provided by legislation Castaic Lake Water Agency § 103–15.1. ~Exportation of Groundwater; Preparation of Groundwater Management Plan Surprise Valley Groundwater Basin Article 6. Registration of Groundwater Extraction Article 7. Groundwater Management Program Article 8. Groundwater Extraction Charges
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New Special Act Districts have GWM(P) authority provided by legislation Antelope Valley Storm Water Conservation and Flood Control District § 136–50. Groundwater Management Plans
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Which Special Act Districts have limited GW authority? Orange County Water District (storage agreements, extraction restrictions, reports, studies, etc.) Monterey County Water Resources Agency (extraction and Export restrictions) Santa Clara Valley Water District (fees) Yolo County Flood Control and Water Conservation District (fees)
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Which Special Act Districts have limited GW authority? San Benito County Water Conservation and Flood Control District (fees) Mojave Water Agency (well registration, metering) Still have questions pending Kern County Water Agency (fees) Desert Water Agency (requires notice of intent to extract GW) San Gabriel Basin Water Quality Authority (extraction restrictions)
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New Legislation New WC states that SADs have exclusiveness to manage GW because they were created by legislation Zone 7 – No special Act legislation Alameda County Water District – No special act legislation Alameda County Flood Control and Water Conservation District – special Act Legislation does not give agency the GWM authority Mendocino City CSD – Did they really mean Mendocino County Water Agency? If so… For The rest, see draft lists
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Next Steps Education Finalize the list or lists Review current statutes to determine which of the two lists an agency may recorded Document Create maps CWP-18 or Bulletin-118 updates
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Next Steps Reconcile with the new legislation Update GW information center with new information Maintain information Determine who is really authorized to manage GW
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Thank You
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