GOOD MORNING, EVERYONE. WELCOME
TO MY MAIDEN VOYAGE AS YOUR AS
YOUR FEARLESS LEADER, UM, BEFORE
WE CAN BEGIN I JUST WANT TO
THANK UM SPEAKER REVIS FOR
APPOINTING ME AS CHAIR OF THIS
COMMITTEE. AND UM, I WANT TO SAY
THAT I'M VERY MUCH LOOKING
FORWARD TO WORKING WITH MY
COLLEAGUES TO ADVANCE POLICIES
WITHIN THE COMMITTEE'S
JURISDICTION THAT WILL BENEFIT
ALL CALIFORNIANS. AND MAKE OUR
COMMUNITIES MORE CLIMATE
RESILIENT. AND PRESS PROTECT OUR
MOST PRECIOUS RESOURCE WATER.
I'D ALSO LIKE TO WELCOME NEW
MEMBERS TO THE COMMITTEE AS
ASSEMBLYMEMBER'S, UH, ATIS. AS
YOU START WITH A START WITH YOU
ASSEMBLYMEMBER'S ALVAREZ, WHO
I'M SURE IS ON HIS WAY.
ASSEMBLYMEMBER'S BONTA AND
ASSEMBLYMEMBER'S LOSE REASON
THREE OF US AS WELL AS WELCOMING
RETURNING COMMITTEE MEMBER
ASSEMBLYMEMBER'S EDUARDO GARCIA.
AND, UM, YOU'VE SERVED BEFORE,
THOUGH. LAURIE AND OBVIOUSLY
SOMEBODY MAP THIS HOUSE AND
IRISH REMEMBER HEART. OKAY GOOD
WHERE YOU CAN KEEP ME IN MIND TO
ENSURE MEMBERS OF THE MEDIA AND
PUBLIC HAVE ACCESS TO OUR
PROCEEDINGS. TODAY THIS HEARING
WILL BE STREAMED ON THE
ASSEMBLY'S WEBSITE AND MEMBERS
OF THE PUBLIC CAN PROVIDE
TESTIMONY IN PERSON HERE IN ROOM
444. FOR EACH BILL. WE'RE
ALLOWING UP TO TWO MAIN
WITNESSES AND SUPPORTING TOO
MANY WITNESSES. OPPOSITION
PROBABLY FAMILIAR TO MOST OF YOU
IN THIS ROOM. GIVEN THE SHORT
AGENDA, WE WON'T IMPOSE TIME
LIMITS BUT ASK THE WITNESSES TO
BE CONCISE. FOLLOWING THE
PRIMARY WITNESSES REMAINING
WITNESSES ARE ASKED TO LIMIT
THEIR TESTIMONY NAME
ORGANIZATION POSITION ON THE
BILL. ALL RIGHT. UM WE DON'T
HAVE THE ONE AND ONLY AUTHOR, UM
THAT WE NEED, BUT I DID SEE HIM
IN THE GARAGE. SO AS SOON AS HE
GETS HERE, WE WILL BEGIN THE
BEGIN THE PROCEEDINGS. UNTIL
THEN. CHECK YOUR EMAILS. USE THE
TIME WISELY AND WE'LL SEE YOU IN
A MINUTE. THANKS.
SO WE DO HAVE A QUORUM. LET'S GO
AHEAD. AND UM, LAST MADAM
SECRETARY TO CALL THE ROLL. POP
IN HERE IN HERE. MATHIS IS HERE
AT THIS IS HERE COLONIES ALVAREZ
BENNETT BENNETT HERE, BONTA TO
HEAR DAVIES DAVIES HERE. GARCIA
PART PART HERE, THREE OF US.
HERE THREE OF US HERE, SHIAVO
WEBER. OKAY, WE'VE GOT A QUORUM.
WE JUST DON'T HAVE AN AUTHOR.
WE'LL BE BACK WITH YOU SHORTLY.
MR CONNELLY, YOU'RE UP. COME ON
IN. WE DO HAVE A QUORUM. SO
WE'RE READY FOR YOU. MAYBE A 28.
I WOULD LIKE TO BEGIN BY
THANKING THE COMMITTEE AND STAFF
FOR THEIR WORK AND INPUT ON THIS
BILL AND I WILL BE ACCEPTING THE
COMMITTEE'S AMENDMENTS. THERE
CAN BE NO DOUBT AS TO THE
INCREDIBLE IMPACT THAT THIS
SUSTAINABLE GROUNDWATER
MANAGEMENT ACT IS HAVING ON ALL
WATER USERS IN CALIFORNIA'S OVER
DRAFTED BASINS. IT ALSO CANNOT
BE UNDERSTATED JUST HOW MUCH
SMALL RURAL COMMUNITIES AND
NATURAL CONSERVATION AREAS HAVE
SUFFERED BECAUSE OF DECADES OF
UNREGULATED OVER PUMPING. THERE
HAS BEEN SIGNIFICANT WORK DONE
BY GROUNDWATER SUSTAINABLE
AGENCIES WILL CALL THOSE G S A
IS THIS MORNING. LOCAL WATER
USERS AND THE DEPARTMENT OF
WATER RESOURCES TO DESIGN AND
IMPLEMENT SIGMA. HOWEVER
GROUNDWATER SUSTAINABILITY PLANS
IN SOME CASES DID NOT DO A
THOROUGH JOB IDENTIFYING MANAGE
WETLANDS AND SMALL COMMUNITY
WATER SYSTEMS IN THEIR BASINS
AND HOW GSP MANAGEMENT WILL
ADVERSELY IMPACT THEM. MANAGED
WETLANDS ARE A CRITICAL NATURAL
RESOURCE FOR OUR STATE. THEY
PROVIDE SIGNIFICANT HABITAT FOR
ENDANGERED SPECIES. MIGRATORY
BIRDS OF THE PACIFIC FLYWAY. AND
MANY OTHER NATIVE WILDLIFE AND
FISH POPULATIONS. MANJA WETLANDS
ALSO IMPROVE LOCAL WATER QUALITY
AID AND FLOOD PROTECTION,
PROVIDE RECREATION AND OFFER
OPPORTUNITIES FOR SCIENTIFIC
RESEARCH. UNFORTUNATELY ONLY 5%
OF CALIFORNIA'S HISTORIC
WETLANDS REMAINS. THESE
IMPORTANT PUBLIC TRUST RESOURCES
CONTINUE TO FACE NUMEROUS
THREATS, INCLUDING WATER
AVAILABILITY. NEARLY 85% OF
CALIFORNIANS DEPEND IN WHOLE OR
IN PART ON GROUNDWATER FOR THEIR
PUBLIC WATER SUPPLY. THAT
PERCENTAGE INCREASES EVEN MORE
FOR SMALL WATER SYSTEMS, WHICH
HAVE FEWER THAN 3300 CONNECTIONS
AND SERVICE COMMUNITIES WHOSE
ACCESS TO CLEAN DRINKING WATER
IS THE MOST RISK. THESE
DISADVANTAGED COMMUNITIES
USUALLY DEPEND ON A SINGLE
SOURCE FOR THEIR WATER SUPPLY.
LEAVING THEM VULNERABLE TO
DROUGHT OR OVER PUMPING BY THEIR
NEIGHBORS. THEY ALSO FACE
AFFORDABILITY CHALLENGES AND
LACK THE LOCAL ECONOMY NEEDED TO
ADDRESS FINANCIAL AND TECHNICAL
ISSUES THAT OFTEN COME WHEN
RUNNING A PUBLIC WATER SYSTEM.
THIS BILL OFFERS A MODEST AND
REASONABLE STEP OR PROTECTING
SAFE AND CLEAN WATER
ACCESSIBILITY FOR OUR
COMMUNITIES. DISPELLED NOW ONLY
EXAMS, THE AVERAGE GROUNDWATER
USAGE ANNUALLY FROM 2015 TO
2020. ANY INCREASE OVER THAT
AVERAGE IS SUBJECT TO REGULATION
BY THE G S A S DISPELLED, ALSO
NOW SUNSETS AFTER THREE YEARS,
ALLOWING ALL STAKEHOLDERS THE
OPPORTUNITY TO FURTHER ANALYZE
THE IMPACT OF SIGMA ON THESE
VULNERABLE WATER USERS AND THE
IMPACT OF THESE PROTECTIONS THAT
THESE PROTECTIONS HAVE ON
FURTHERING SUSTAINABILITY IN ALL
OF OUR BASINS. WITH ME TO
TESTIFY THIS MORNING. IS ELLEN
WERE GENERAL COUNSEL AT
GRASSLAND WATER DISTRICT. AND
JENNIFER CLARY, STATE DIRECTOR
AT CLEAN WATER ACTION. LOOKING
FORWARD TO THE DISCUSSION. FIRST
IF I CAN FIGURE IT OUT, IT'S ON
GREAT. GOOD MORNING. IT'S BEEN A
FEW YEARS SINCE I'VE TESTIFIED,
YOU KNOW, COVID JUST AND THEN
BEING DIRECTED TO SEND ME AWAY,
BUT THANK YOU VERY MUCH FOR
HAVING ME HERE. TRIP HAPPENED
MEMBERS. UM MY NAME IS JENNIFER
CLARY AND CALIFORNIA DIRECTOR
FOR CLEAN WATER ACTION AND FOR
MORE THAN 30 YEARS, OUR
ORGANIZATION HAS WORKED TO
IMPROVE ACCESS TO SAFE AND
AFFORDABLE DRINKING WATER FOR
SMALL CALIFORNIA COMMUNITIES.
AND ONE REASON WHY WE ENGAGED IN
SIGMA FROM THE BEGINNING WAS
BECAUSE MOST OF THESE
COMMUNITIES RELY UPON
GROUNDWATER. YOU KNOW, IT'S SO
EASY WHEN YOU'VE GOT A LITTLE
NEIGHBORHOOD OF LIKE 50 HOMES,
JUST LIKE STICK A STRAW IN THE
GROUND. PUMP IT UP BECAUSE
GROUNDWATER YOU DON'T EVEN NEED
TO TREAT LIKE SURFACE WATER. AS
LONG AS IT'S CLEAN. SO MANY OF
THESE COMMUNITIES ARE HISTORIC
COMMUNITIES. THEY'VE BEEN
DEPENDENT ON GROUNDWATER AND
THAT GROUNDWATER IS GRADUALLY
SLIPPING AWAY BECAUSE OF OVER
PUMPING. SO OVER THE PAST FEW
YEARS WE WORKED WITH CALIFORNIA
AUTOBAHN AND OTHER ENVIRONMENTAL
ORGANIZATIONS. WE DID A
COMPREHENSIVE REVIEW OF EVERY
SINGLE GROUNDWATER
SUSTAINABILITY PLAN IN THE
STATE. I THINK THERE WAS ABOUT
115. AND WE TOOK, SO WE LOOKED
AT THEM. WE DIDN'T WENT THROUGH
A RIGOROUS PROCESS TRIED TO
IDENTIFY HOW THEY ADDRESSED THE
ENVIRONMENTAL AND ENVIRONMENTAL
JUSTICE CONCERNS OF
ORGANIZATIONS AND WHAT WE FOUND
IS THAT THE MAJORITY OF
GROUNDWATER SUSTAINABILITY PLANS
FAILED TO MEANINGFULLY ENGAGED,
VULNERABLE COMMUNITIES. I DON'T
BLAME THEM. IT'S HARD TO DO. I
MEAN, IF YOU'RE A VOLUNTEER
TRYING TO RUN YOUR OWN WATER
SYSTEM, DO YOU HAVE TIME TO GO
TO GO, UM, ADVOCATE FOR
GROUNDWATER SUSTAINABILITY WHEN
YOU DON'T UNDERSTAND MOST OF THE
DOCUMENTS WHEN NO ONE REALLY
TAKES THE TIME TO REACH OUT TO
YOU. SO WHAT WE FOUND IS THAT
THAT WAS THE CASE. MOST OF THESE
COMMUNITIES DIDN'T KNOW WHAT WAS
GOING ON. AND IN FACT, MOST OF
SIX OF THE 21 CRITICALLY OVER
DRAFTED BASINS IN THE STATE.
THEIR PLANS WERE FOUND TO BE
INADEQUATE AND REFERRED TO STATE
WATER BOARD. THEY'RE CURRENTLY
GOING THROUGH THE PROCESS OF
POTENTIALLY BEING PUT ON
PROBATION, SO IT'S A BIG PROBLEM
. THERE WERE SIGNALS SIGNALS,
NOT HERE FOR SMALL PROBLEMS.
MANY OF THESE BASINS HAVE TO
REDUCE THEIR PUMPING BY ABOUT
50% OR EVEN MORE TO MEET
SUSTAINABILITY. AND OUR CONCERN
IS THAT APPLYING A 50% CUT TO A
SMALL WATER SYSTEM IS NOT REALLY
DOABLE. IT'S NOT LIKE YOU CAN
FOLLOW HALF THE HOMES. IN THE
COMMUNITY REALLY NEED TO FIGURE
OUT A BALANCED WAY TO DO THAT,
BUT THE ALTERNATIVE, UM, FOR
MOST OF THESE GROUNDWATER
AGENCIES, IS THAT YOU CHARGE OF
IF YOU USE TOO MUCH WATER, YOU
PAY A FINE AND FOR THESE
COMMUNITIES, THEY'RE REALLY ON
THE EDGE OF SUSTAINABILITY.
ANYTHING ANY LITTLE PROBLEM JUST
SENDS THEM CRAZY, AND THEY LOSE
ACCESS TO WATER. UM AND SO.
PAYING MORE JUST CREATES AN
AFFORDABILITY ISSUE, SO THEY AS
THE AS, UM ASSEMBLYMEMBER'S
CONNOLLY SAID THEY LACKED THE
ECONOMIES OF SCALE TO ACCESS
ALTERNATIVE SUPPLIES, OR EVEN TO
OFFER WATER CONSERVATION
PROGRAMS. THESE AGENCIES DON'T
HAVE THAT THEY'RE AN EXTREME
DISADVANTAGE WHEN IT COMES TO
NEGOTIATING ON BEHALF OF THEIR
COMMUNITY AGAIN. THEY DON'T HAVE
GENERALLY PAID STAFF, SO A B
2828 WOULD SIMPLY ALLOW SMALL,
DISADVANTAGED COMMUNITIES TO
CONTINUE TO USE THE SAME
QUANTITY OF WATER THEY DID IN
THAT FIVE YEAR PLANNING PERIOD.
IT'S A VERY NARROW EXEMPTION
WOULD ACCOUNT FOR A TINY
PERCENTAGE OF WATER USE IN THE
BASIN, MAYBE 1% OR LESS, AND
WITH THIS WITH THE EXEMPTIONS,
THEY WOULD NOT BE SUBJECT TO
FINES. FOR THEIR WATER USE
UNLESS IT EXCEEDED THAT AMOUNT,
BUT THEY WOULD STILL HAVE TO PAY
FEES TO MAINTAIN THEIR
GROUNDWATER SUSTAINABILITY
AGENCIES SO THEY'RE NOT GETTING
OUT WITHOUT A PASS. AND JUST TO
SAY THESE CAN USE THEIR PART OF
THE REGION. THEY'RE PART OF THE
CULTURE. THEY'RE PART OF THE
ECONOMY AND THEIR PART. THEY'RE
JUST PART OF THE LIFE OF THE
REGION, SO IT'S REALLY IMPORTANT
THAT WE FIND A WAY TO SUSTAIN
THEM. THESE ARE HUNDREDS OF
SMALL COMMUNITIES. AND MOSTLY IN
THE CENTRAL VALLEY. THANK YOU
VERY MUCH HAPPY TO ANSWER ANY
QUESTIONS. THANK YOU. GOOD
MORNING. THANKS FOR THE
OPPORTUNITY TO SPEAK. MY NAME IS
ELLEN WERE WITH GRASS AND WATER
DISTRICT AND GRASSLAND RESOURCE
CONSERVATION DISTRICTS WERE
LOCATED IN MERCED COUNTY IN AN
AREA THAT CONTAINS WILDLIFE
REFUGES AND CONSERVATION
EASEMENTS. AND I'M HERE TO
TESTIFY ON BEHALF OF PASSAGE OF
HB 828 BECAUSE IT WILL REVERSE
SOME OF THE UNINTENDED IMPACTS
OF THE IMPLEMENTATION OF THE
SUSTAINABLE GROUNDWATER
MANAGEMENT ACT. UNFORTUNATELY
STIGMA FAILED TO FORESEE THE
POTENTIAL DAMAGE TO WETLANDS
THAT DEPEND ON LIMITED
GROUNDWATER PUMPING. UM IT'S A
MATTER OF GREAT CONCERN FOR US.
ALMOST EVERY ACRE OF THE CENTRAL
VALLEY HAS BEEN CONVERTED TO
AGRICULTURAL, INDUSTRIAL OR
URBAN USE. AS THE ASSEMBLYMAN
NOTED, ONLY 5% OF OUR WETLANDS
REMAIN TO SUPPORT MILLIONS OF
MIGRATORY BIRDS AND OTHER
WILDLIFE SPECIES THAT DEPEND ON
THEM. WE'VE LOST 3 BILLION BIRDS
IN NORTH AMERICA, SINCE 1970
WILL CONTINUE TO LOSE MORE WITH
CLIMATE CHANGE AND HABITAT LOSS.
WE CANNOT AFFORD TO LOSE THE
REMAINING WETLANDS WE HAVE HERE
IF WE WANT TO MAINTAIN
SUSTAINABLE LEVELS OF
BIODIVERSITY AND SUPPORT,
OUTDOOR RECREATION AND HERITAGE.
I'VE HAD MANY MEETINGS WITH
WETLAND MANAGERS IN BASINS WHERE
GROUNDWATER AGENCIES ARE CUTTING
OFF ACCESS TO WATER AND WETLAND
OWNERS HAVE ALSO STARTED
RECEIVING BILLS FOR MANY
THOUSANDS OF DOLLARS A YEAR,
THEY WILL NOT BE ABLE TO SUPPORT
THEIR HABITAT IF SIGMA CONTINUES
TO BE IMPLEMENTED IN THIS WAY.
WITHOUT SWIFT ACTION OR STATE
WILL FACE OF RAPID, SIGNIFICANT
LOSS OF WETLANDS IN PLACES WHERE
THEIR PROTECTION IS MOST
DESPERATELY NEEDED. I'VE WORKED
EXTENSIVELY WITH OUR LOCAL
GROUNDWATER SUSTAINABILITY
AGENCY, AND I FIRMLY BELIEVE
THAT JESUS WILL NOT BE HARMED BY
IMPLEMENTATION OF THIS BILL. UM
ONLY 1.2% OF THE LAND AND
GROUNDWATER BASE IN CRITICALLY
OVER DRAFTED SUB BASIN IS IN
WETLANDS. THIS IS NOT A
SITUATION WHERE THE STATE IS
UNDERCUTTING THE ABILITY TO
RAISE LOCAL FUNDS AS THE
REMAINING 99% CAN ABSORB THAT
SMALL PERCENTAGE PUMPING FOR
MANAGED WETLANDS IS NOT THE
CAUSE OF TODAY'S OVERDRAFT AND
BY CAPPING WETLANDS AT THEIR
HISTORIC LEVELS OF PUMPING WITH
THIS BILL, WE CAN MAINTAIN THOSE
ASSETS WITHOUT UNDOING OUR
EFFORTS TO ACHIEVE
SUSTAINABILITY. THIS BILL WILL
NOT VIOLATE CONSTITUTIONAL
REQUIREMENTS. THE LEGISLATURE
HAS ALREADY EXEMPTED CERTAIN
GROUNDWATER USERS FROM SIGMA,
INCLUDING DOMESTIC WELL OWNERS,
TRIBAL AND FEDERAL LANDS. IN
RETROSPECT, WE THINK PROTECTIONS
FOR WETLANDS AND SMALL
COMMUNITIES SHOULD HAVE BEEN IN
SIGMA'S ORIGINAL LANGUAGE. UM
TODAY YOU HAVE TO WEIGH THE
SLIGHT POTENTIAL INCREASE IN
FEES AGAINST THE MILLIONS OF
DOLLARS OF PUBLIC TAX MONEY THAT
HAS BEEN SPENT ON THESE
CONSERVATION EASEMENTS AND
WETLAND RESTORATION. THOSE WILL
BE LOST. THOSE INVESTMENTS WILL
BE LOST IF THESE WETLANDS DRY UP
, AND THERE WILL BE A LOCAL
ECONOMIC IMPACTS OF HUNTING AND
OTHER RECREATION CONTINUES TO
FURTHER DECLINE. UM THIS IS NOT
OUR FIRST ATTEMPT TO ADDRESS
THIS ISSUE. WE HAVE RAISED IT
DURING OUR REVIEW OF THE
GROUNDWATER SUSTAINABILITY PLANS
, AND WE'VE RAISED IT DIRECTLY
WITH GROUNDWATER, SUSTAINABILITY
AGENCIES AND STATE AGENCIES. A B
828 IS NECESSARY BECAUSE NO ONE
IS STEPPING IN TO PROTECT THESE
IMPORTANT HABITATS. WETLAND
CONSERVATION IS ONE OF OUR
SUCCESS STORIES HERE IN THE
CENTRAL VALLEY, BUT THAT SUCCESS
IS FRAGILE AND LESS LEGISLATORS
LIKE YOU TAKE THIS TIME TO
PROTECT OUR LAST REMAINING
FRAGMENTS. OF CALIFORNIA'S
WETLANDS, SO WE ENCOURAGE YOU TO
SUPPORT A B 28 WITH THE
AMENDMENTS BECAUSE IT IS IN THE
SPIRIT OF SIGMA, ACHIEVING
SUSTAINABILITY AND PROTECTING
NATURAL RESOURCES SO THAT FUTURE
GENERATIONS CAN CONTINUE TO
ENJOY THEM. THANK YOU. THANK YOU
VERY MUCH. UM DO WE HAVE ANY
OPPOSITION IN THE ROOM THAT'S
GOING TO COME TESTIFY. COME ON
FORWARD. SURE. WELCOME PLEASE
INTRODUCE YOURSELVES AND GO
AHEAD. GOOD MORNING CHAIRMAN
COMMITTEE MEMBERS. I'M ALEX,
PEERING FROM THE CALIFORNIA FARM
BUREAU. AND TODAY I'M HERE ON
BEHALF OF THE NEARLY 30,000 FARM
BUREAU MEMBERS, A MAJORITY OF
WHOM OPERATE SMALL OR MEDIUM
SIZED FARMS, AND MANY OF WHOM
ARE ENTIRELY DEPENDENT ON
GROUNDWATER FOR THEIR SUPPLY,
WERE ALSO HEAVILY INVOLVED IN
NEGOTIATING THE SUSTAINABLE
GROUNDWATER MANAGEMENT ACT MORE
THAN 10 YEARS AGO. UM I BELIEVE
THIS BILL IS WELL INTENTIONED,
BUT UNFORTUNATELY, I ALSO
BELIEVE THAT IT SETS GROUNDWATER
BASINS UP TO FAIL. THE AUTHOR
AND SPONSORS SAY THIS BILL IS
NECESSARY BECAUSE CERTAIN GROUND
ALREADY NEEDS HAVE BEEN IGNORED
UNDER SIGMA. TO THE CONTRARY,
EVERY GROUNDWATER SUSTAINABILITY
PLAN, OR GSP IS REQUIRED TO
CONSIDER AN ACCOUNT FOR ALL
DIFFERENT TYPES OF GROUNDWATER
NEEDS AND PUMPING USES,
INCLUDING THOSE THIS BILL
EXEMPTS FROM REGULATIONS, SMALL
COMMUNITY WATER SYSTEMS AND
PRIVATE WETLANDS, THE PUMP
GROUNDWATER PRIMARILY TO SUPPORT
DUCK CLUBS. FURTHER IMPACTS TO
DRINKING WATER SUPPLIES AND
COMMUNITY WATER SYSTEM. WELLS
ARE SOME OF THE UNDESIRABLE
EFFECTS THAT SIGMA SEEKS TO
AVOID WITH ITS IMPLEMENTATION,
ALONG WITH EFFECTS TO NATURALLY
OCCURRING GROUNDWATER DEPENDENT
ECOSYSTEMS. IF A PLAN FELT FALLS
SHORT IN THOSE AREAS, THE STATE
WATER BOARD WILL INTERVENE,
ENFORCED GROUNDWATER
SUSTAINABILITY AGENCIES TO FIX
IT. THAT'S WHAT'S HAPPENING NOW
FOR SIX OF THE BASINS IN THE SAN
JOAQUIN VALLEY. UM THROUGH THE
PROBATIONARY HEARING PROCESS
THAT THE SPONSORS MENTIONED.
THAT'S WHY THE BILL IS
UNNECESSARY. MEANWHILE DOZENS OF
OTHER G SPS HAVE ALREADY BEEN
APPROVED BY THE STATE AND ARE
BEING IMPLEMENTED WITH PUMPING
LIMITS AND FEES TO FUND THOSE
PLANS AND PROJECTS. AND THEIR
SUCCESS WOULD BE IN JEOPARDY
WITH THE EXEMPTIONS OF THE SPELL
WHEN IT WAS PASSED, THE CORE
TENANT OF SIGMA WAS THAT IT
WOULD APPLY TO ALL GROUNDWATER
USERS IN A BASIN. WITH VERY FEW
EXCEPTIONS, SUCH AS DOMESTIC
WELL OWNERS THAT HASN'T CHANGED
SINCE THEN. BECAUSE WHEN YOU
GIVE CERTAIN CATEGORIES OF
GROUNDWATER PUMPERS A FREE PASS
TO PUMP AS MUCH AS THEY WANT,
YOU MOVE THE BAR HIGHER FOR
EVERYBODY ELSE IN THE BASIN, WHO
WILL NOW HAVE TO REDUCE THEIR
PUMPING EVEN FURTHER. ALL
LANDOWNERS WHO PUMP GROUNDWATER
AND APPLY IT TO THE SURFACE OF
THE LAND SHOULD REMAIN SUBJECT
TO SIGMA AS THEY ARE TODAY. IT
DOESN'T MATTER WHETHER
LANDOWNERS ARE DOING IT TO GROW
FOOD OR DURING IT TO ATTRACT
WATERFOWL. PBSI ESTIMATES THAT
AS MANY AS 700,000 ACRES OF LAND
IN THE SAN JOAQUIN VALLEY WILL
GO OUT OF PRODUCTION UNDER SIGMA
AND WITH THEM TENS OF THOUSANDS
OF JOBS. SOME ESTIMATES ARE
CLOSER TO 1 MILLION ACRES. BY
GIVING SOME PUMPERS A FREE PASS
THOSE NUMBERS AND THE RESULTING
PAIN FOR VALLEY COMMUNITIES WILL
SURELY INCREASE. THANKS FOR THE
OPPORTUNITY TO SPEAK TODAY. I'M
HAPPY TO ANSWER QUESTIONS. GOOD
MORNING, MADAM CHAIR AND MEMBERS
. I AM BRENDA BASS WITH THE
CALIFORNIA CHAMBER OF COMMERCE.
WE ARE ALSO UNFORTUNATELY
OPPOSED. MAYBE 8 TO 8 BECAUSE WE
BELIEVE PROVISIONS ARE
INCONSISTENT WITH THE CALIFORNIA
CONSTITUTION, NAMELY,
PROPOSITIONS 26 AND 218, AND
THAT IT WILL ALSO UNFAIRLY
BURDEN OTHER WATER USERS. UM
PROPOSITION 26 PROVIDES THAT
REGULATORY FEES AND I WOULD JUST
LIKE TO POINT OUT THAT THE BILL
SAYS FEES, NOT FINES. UM MUST
BEAR A REASONABLE RELATIONSHIP
TO THE PEARS BURDENS ON OR
BENEFITS RECEIVED FROM A
GOVERNMENTAL ACTIVITY AND CANNOT
BE MORE THAN IS NECESSARY TO
COVER THOSE COSTS. PROPOSITION
TO 18 REQUIRES THE SAME THING
FOR PROPERTY RELATED SERVICES
TOGETHER. THESE PROPOSITIONS
REQUIRE THAT EVERYONE BENEFITING
FROM A GOVERNMENTAL SERVICE MUST
PAY THEIR FAIR SHARE NO MORE AND
NO LESS. A B A TO EIGHT WOULD
ESSENTIALLY EXEMPT CLASSES OF
WATER USERS FROM PAYING GST
RELATED FEES, WHICH MEANS THAT
THEY WOULD BE RECEIVING THE
BENEFITS OF A GSA ZACH SHINS TO
IMPLEMENT STEPS TOWARDS
SUSTAINABLY MANAGING GROUNDWATER
, BUT THEY WOULD NOT HAVE TO PAY
FOR ALL OF THOSE SERVICES. IN
ORDER FOR THE G S A TO CONTINUE
PROVIDING THE LEVEL OF SERVICE
THAT THEY DO. THE REMAINING
RATEPAYER BASE WOULD HAVE TO
MAKE UP THE SHORTFALL, MEANING
THAT THEY WOULD BE PAYING JUST
PROPORTIONATELY MORE THAN THEIR
FAIR SHARE. CALIFORNIA VOTERS
PLACED A PREMIUM ON A
PROPORTIONAL RATEPAYER BASE AND
PASSING PROPOSITIONS, 26 AND
218. AND WE THINK A B EIGHT 8 TO
8 WOULD, UM, VIOLATE THAT CORE
CONCEPT OF PROPORTIONALITY? UM
INDEED, IT BECOMES LEGAL
IMPOSSIBLE FOR A GSA TO COMPLY
WITH BOTH THE CONSTITUTION AND A
V 828. THE G S A WOULD EITHER
HAVE TO CHOOSE COMPLYING WITH
ONE OR THE OTHER AND RISK
LITIGATION FOR THE ONE THAT THEY
DECLINED TO CHOOSE. THE ONLY WAY
TO AVOID THIS OUTCOME IS FOR THE
STATE TO BACKFILL THE FEES THAT
WOULD HAVE OTHERWISE BEEN PAID.
UM BY THE WATER USERS. UM WE'RE
CONCERNED THAT I DON'T
UNDERCUTTING THE ABILITY FOR GS
ASSESSED TO FUND THEIR EFFORTS
WILL STYMIE THEIR WORK TOWARD
ACHIEVING GROUNDWATER
SUSTAINABILITY. FINALLY WE'RE
CONCERNED THAT A B 8 TO 8
CONFLICTS WITH LONGSTANDING
WATER LAW GOVERNING THE RELATIVE
PRIORITIES OF WATER USES AND THE
MORE RECENT HUMAN RIGHTS WATER
ACT PRIORITIZING MANAGED
WETLANDS ABOVE DRINKING WATER
AND IRRIGATION. WATER DOES NOT
SUPPORT THE NEEDS OF RURAL
COMMUNITIES. AS MY COLLEAGUE
OUTLINED A B 8 TO 8 SHIFTS EVEN
MORE OF THE BURDEN OF ACHIEVING
GROUNDWATER SUSTAINABILITY ONTO
AGRICULTURAL WATER USERS, WHICH
TRANSLATES TO REDUCE ACREAGE
PLANTED AND THUS REDUCED JOB
OPPORTUNITIES AT HIGHER FOOD
PRICES. WE APPRECIATE THE WORK
THAT COMMITTEE HAS DONE AND
OFFERING AMENDMENTS, BUT
UNFORTUNATELY WE MUST REMAIN
OPPOSED FOR THESE REASONS. THANK
YOU. THANK YOU SO MUCH. UM SO WE
WILL NOW GO TO, UM. ME TOO,
FOLKS. SO UM, IS THERE ANYBODY
WHO WANTS TO COME FORWARD,
EITHER IN SUPPORT OR IN
OPPOSITION? JUST PLEASE, IF YOU
COULD GIVE YOU HER NAME AND WHO
YOU REPRESENT. WHETHER YOUR
YEAH. YOUR NAME. GOOD MORNING,
KIM DELFINO, REPRESENTING
DEFENDERS OF WILDLIFE AND
SUPPORT. THANK YOU. ROGER
DICKINSON ON BEHALF OF CIVIC
CIVIC, WELL, FORMERLY LOCAL
GOVERNMENT COMMISSION. WITH SOME
INTEREST IN THIS SUBJECT AND IN
SUPPORT THANKS VERY MUCH. ROGERS
TALLER THAN ME. THANK YOU,
MADAM. CHAIR MEMBERS, DANNY
MERKLEY WITH THE GUANACO GROUP
ON BEHALF OF THE CALIFORNIA
ASSOCIATION. WINE GRAPE GROWERS
OPPOSED. HI THERE, MADAM. CHAIR
MEMBERS OF THE COMMITTEE MARK
HANDLING WITH CALIFORNIA
WATERFOWL ASSOCIATION AND STRONG
SUPPORT. THANK YOU. MADAM CHAIR
MEMBERS OF THE COMMITTEE BILL
GAINS ON BEHALF OF THE CALORIE
BASIN WETLANDS ASSOCIATION, THE
BLACK BRANT GROUP CALIFORNIA
HAUSSMANN FOR CONSERVATION. SAN
DIEGO COUNTY WILDLIFE FEDERATION
OF CALIFORNIA HOCKEY CLUB,
CALIFORNIA, BOWMAN HUNTER STATE
ARCHERY ASSOCIATION AND THE
COUNT OR WETLANDS AND WATERFOWL
COUNCIL AND STRONG SUPPORT.
THANK YOU. HI SAMANTHA
SAMUELSSON ON BEHALF OF AUDUBON,
CALIFORNIA SPONSORED THE BILL.
MORNING MADAM CHAIR AND MEMBERS
ABRAHAM AND DOES ON BEHALF OF
THE COMMUNITY WATER CENTER,
LEADERSHIP COUNCIL FOR JUSTICE
AND ACCOUNTABILITY AND CLEAN
WATER ACTION IN SUPPORT. GOOD
MORNING, MADAM CHAIR AND MEMBERS
ANALLY AUGUSTINE ON BEHALF OF
THE CALIFORNIA GRAIN AND FEED
ASSOCIATION, CALIFORNIA SEED
ASSOCIATION, CALIFORNIA
ASSOCIATION OF WHEAT GROWERS IN
CALIFORNIA BEAN SHIPPERS
ASSOCIATION. RESPECTFULLY
OPPOSED. THANK YOU. RICHELLE
AYALA WITH GOVERNMENT RELATIONS
ON BEHALF OF VALUE BACKWATER
COALITION, A COALITION OF 40
AGRICULTURAL WATER SUPPLIERS IN
THE SAN JOAQUIN VALLEY IN A
STRONGER POSITION OF THE BILL.
THANK YOU. MADAM CHAIR AND
MEMBERS KENDRA DEJAGAH WITH
IGUACU GROUP ON BEHALF OF
MODESTO IRRIGATION DISTRICT AND
THE KINGS, RIVER CONSERVATION
DISTRICT AND OPPOSITION. DENNIS
ALBION WITH CALIFORNIA ADVOCATES
ON BEHALF OF PACIFIC IN POULTRY
ASSOCIATION AND WE OPPOSE THANK
YOU. CHAIR MEMBERS, SAID MANNING
K P PUBLIC AFFAIRS ON BEHALF OF
THE WESTERN GROWERS ASSOCIATION
AND OPPOSITION. HI AGAIN,
SAMANTHA SAMUELSON FOR THE
NATURE CONSERVANCY AND SUPPORT.
OKAY, WE'LL BRING YOU BACK TO
MANY FOR QUESTIONS. MR ALVAREZ.
THANK YOU, MADAM CHAIR AND THANK
YOU TO THE AUTHOR AND TESTIMONY.
UM I KNEW NEWER TO THE TOPIC.
REMEMBER THE COMMITTEE, SO I
HAVE SOME QUESTIONS THAT MIGHT
BE UM, A LITTLE BIT. MORE
SIMPLER, BASIC. SO I ASKED FOR
YOUR PATIENTS. I HEARD MENTION
OF PRIOR EXEMPTIONS FROM SOME OF
THE TESTIMONY WHERE THOSE
EXEMPTIONS MADE, UH UPON THE
APPROVAL OF SIGMA OR POST THE
APPROVAL OF SIGMA. THEY WERE
INCLUDED IN THE ORIGINAL
BUILDING. DO WE, UH, HAVE A
NUMBER? THAT'S PROBABLY FOR THE
PROPONENTS, A NUMBER OF HOW MANY
COMMUNITIES ARE BEING IMPACTED
EITHER IN RAW NUMBERS OR IN I
HEARD PERCENTAGES MENTIONED FOR
WETLAND 1.2. I THINK FOR
DISADVANTAGE, 1% BUT DO WE HAVE
AN IDEA WHAT THAT MEANS? IT'S
IN. IT'S DIFFERENT FOR EVERY
BASIN. UM SO, FOR INSTANCE, I
WAS ASKED TO REVIEW THE CENTRAL
KI¾M BASIN LAST NIGHT. THERE'S
425 PUBLIC WATER SYSTEMS AND
THAT BASE AND 42 WOULD QUALIFY
INTO THIS ACT AND THEY USE ABOUT
2500 ACRE FEET A YEAR. OKAY?
THAT'S JUST ONE EXAMPLE. THAT'S
ONE EXAMPLE. AND THAT'S THE
BASIN USES 1.3 MILLION ACRE FEET
. WHAT YOU SHOULD KNOW IS HE'S
OVER. DRAFTED BASINS ARE FORGIVE
ME ARE OVER. DRAFTED BECAUSE OF
AGRICULTURE, AGRICULTURE USES
THE OVERWHELMING AMOUNT OF WATER
AND ALMOST ALL THE SURFACE WATER
AND A MAJORITY OF THE
GROUNDWATER SO ALL ALL DRINK.
OH, URBAN AND RURAL USE DRINKING
WATER USE TENDS TO BE JUST A
REALLY SMALL PORTION OF THE
OVERALL WATER USAGE. SO IF WE
USE THE EXAMPLE OF SAN JOAQUIN,
YOU MENTIONED 42 WOULD BE
IMPACTED BY THIS PARTICULAR
BILL. HOW MANY OF THOSE UNDER
THE APPROVED PLANT OR SUBMITTED
PLANS. HAVE THEY ALL BEEN
APPROVED? ARE THEY ARE THEY PART
OF THE ONES UNDER REVIEW? WHAT
WHAT IS THE STATUS OF THOSE 42
KEEN THE SAN JOAQUIN GROUNDWATER
SUSTAINABILITY PLAN WAS
APPROVED. AND WHAT DID IT CALL
FOR? IN THAT INSTANCE FOR THAT
PARTICULAR FOR THE 42
COMMUNITIES. REDUCTION OF WHAT
AMOUNTS WHAT WE'RE LOOKING AT
NOW. I BEG YOUR PARDON? WHAT
WE'RE LOOKING AT NOW IS THAT
MOST OF THE BASINS ARE SETTING
THEIR ALLOCATIONS NOW, SO I
DON'T RECALL WHAT THE PERCENTAGE
. I APOLOGIZE BECAUSE THERE ARE
A LOT OF PLANS AND I DIDN'T.
IT'S HARD TO REVIEW THEM BECAUSE
THEY'RE SO BIG. UM BUT I THINK
THE SAN JOAQUIN, AS I RECALL,
WASN'T ONE OF THE LARGER ONES. I
THINK IT WAS YOU KNOW, MAYBE 20%
COULD BE BEHIND IT. THAT'S THE
NUMBER THAT'S COMING TO MY MIND.
BUT FOR A LOT OF BASES, THEY'RE
JUST NOW GETTING THEIR
ALLOCATIONS TOGETHER BECAUSE
THAT'S REALLY HARD. DO THE PLANS
? I DON'T SUPPOSE ANTICIPATE
THIS BEING ANSWER WITH ANY IN A
WAY THAT HELPS HELPS ANSWER THIS
QUESTION, BUT DO THE PLANS BY
ANY CHANCE CALL FOR, UM.
SPECIFICALLY I AM CONCERNED
ABOUT BOTH OF THE COMMUNITIES
THAT THESE EXEMPTIONS ABOUT
CLEARLY FOR THE USERS OF THIS
MANAGED COMMUNITIES. THERE'S A
FINANCIAL IMPLICATION Tð. FEES
OR HAVE TO BE PAID. UM IS THERE
ANY CALL WITHIN THE PLAN ON HOW
TO ADDRESS THAT IN ANY OF THE
PLANS FOR THAT ARE IMPACTING
THESE COMMUNITIES PLANS. PLANS
AREN'T REALLY DISCUSSING.
IMPACTS I MEAN, ONE OF OUR
DIFFICULTIES IN EVALUATING THE
PLANS. IS THERE SUPPOSED TO
CONSIDER THE IMPACTS? ON
DIFFERENT USERS OF THEIR PLANS,
AND THEY GENERALLY FAILED TO DO
THAT. COULD I ADD A LITTLE? OKAY
NO. YOU'RE LIKE I AGREE WITH A
LOT OF WHAT YOU'RE SAYING.
JENNIFER YOU KNOW THAT, BUT SO I
DID JUST WANT TO NOTE THAT, LIKE
I SAID, IN MY COMMENTS EARLIER
IMPACTS TO DRINKING WATER WELLS
AND, UM, WATER FOR COMMUNITIES
WHO ARE GROUNDWATER. RELIANCE IS
SOMETHING THAT SIGMA ACTUALLY
SEEKS TO AVOID SO IT'S NOT
SUPPOSED TO IMPACT FOLKS IN THE
WAY THAT, UM, I THINK THE
CATASTROPHIC PICTURE THAT THAT
WE MAY ALL BE THINKING OF RIGHT
NOW, UM, ADDITIONALLY, OF THE
SIX BASINS THAT WERE REFERRED TO
THE WATER BOARD FOR STATE
INTERVENTION, ONE OF THE ONE OF
THE REASONS THAT A FEW OF THEM
WERE REFERRED TO THE WATER WE'RE
INCLUDING IN TILLERY, IS THAT
THERE WERE JUDGED TO BE LIKE
URGENT AND URGENT NEED TO
PROTECT DRINKING WATER QUALITY
AND QUANTITY FOR SMALL
COMMUNITIES. SO THIS IS
SOMETHING THAT THE WATER BOARD
IS ACTUALLY TAKING ON AS THEY
ARE INTERVENING HERE AND
POTENTIALLY TAKING OVER THESE
WATER BASE AND THESE GROUNDWATER
BASINS AND MANAGING THEM, UM AT
A STATE LEVEL UNTIL THEY GET
THEIR ACT TOGETHER A LITTLE BIT
MORE. AND SO, UM, SO THAT'S
ACTUALLY SOMETHING THAT THEY
HAVE, ACTUALLY, OR EVEN GOING
FURTHER IN SOME CASES THAN WHAT
WAS IN SIGMA IN TERMS OF
PROTECTING THOSE THINGS SO UM,
TO SUGGEST THAT THESE ARE SORT
OF LEFT TO THE WOLVES. UM AND
JUST GET THE DRUGS. I DON'T KNOW
THAT THAT'S NECESSARILY THE
CASE, AND THAT'S WHAT I'M TRYING
TO UNDERSTAND, BECAUSE CERTAINLY
THERE'S COMMUNITIES THAT, UM YOU
KNOW, I WOULD NOT LIKE TO SEE
IMPACTED BECAUSE THERE THERE ARE
OTHER IMPACTS TO THOSE
COMMUNITIES, PRIMARILY
DISADVANTAGED COMMUNITIES. BUT I
DON'T HAVE A CLEAR UNDERSTANDING
OF HOW MANY YOU MENTIONED.
THERE'S SIX OUT OF 21 BASINS
THAT HAVE BEEN SUBMITTED THAT
ARE UNDER REVIEW FOR AND I'D
LIKE TO BETTER UNDERSTAND. HOW
MUCH OF THAT IS COVERING THESE
DISADVANTAGES COMMUNITIES THAT
HAVE BEEN IDENTIFIED, AND I
THINK THAT'S INFORMATION THAT I
NEED TO HAVE. LET ME MOVE ON TO
ANOTHER TOPIC ON PROP TO 18 AND
26. CONSTITUTIONALITY MATTERS
HAVE WE HAD AN OPPORTUNITY TO
GET FROM MAYBE FROM OTHER
PROPONENTS SIDE ANY LEGAL
COUNSEL REVIEW ON THAT ALLEGED
COUNCIL REVIEW ON THE ISSUE OF
THAT. I'M CONCERNED ABOUT THIS
MORE FROM THE GENERAL FUND
PERSPECTIVE, GIVEN WHERE WE
STAND THAT IF WE DO HAVE TO
BACKFILL AND COVER THE FEES
ASSOCIATED WITH SOME OF THESE
AREAS, THAT'S A COST THAT IN A
YEAR LIKE THIS IS GOING TO BE
CHALLENGING, AND IT DOESN'T MEAN
THAT IT'S NOT SOMETHING WE DON'T
WANT TO DO. WE MIGHT WANT TO DO
THAT, AND THAT'S OKAY. BUT WE
NEED TO KNOW WHAT THAT COST IS.
HAVE WE DONE ANALYSIS IN THAT
REGARD? UH IT WAS NOT RAISED IN
THE REPORT. AH FROM THE
COMMITTEE AND TO MY KNOWLEDGE,
IT IS NOT BEEN SPECIFICALLY
ADDRESSED BY LEGISLATIVE COUNCIL
THAT ALAN I AM A LAWYER. I'M NOT
A PROP TO ITS PROACTIVE 18
LAWYER, BUT MY UNDERSTANDING OF
THE LAW IS THAT YOU KNOW THE
SIGMA GRANTED LOCAL AGENCIES THE
AUTHORITY TO COLLECT FEES AND
PUT LIMITS ON WHAT THOSE FEES
COULD BE AND WHO THEY COULD BE
COLLECTED FROM. FOR INSTANCE, A
DOMESTIC WELL OWNER CANNOT BE
CHARGED A FEE UNDER SIGMA THAT'S
IN THE STATUTE, SO PROPER TO
1826. THEY APPLY WITHIN THE
BOUNDS OF WHAT THE LEGISLATURE
HAS GRANTED TO A LOCAL AGENCY TO
COLLECT. UM I DON'T THINK THIS
WILL BE A CASE OF BACKFILLING,
EVEN THOUGH SOME OF OUR WETLAND
OWNERS ARE RECEIVING BILLS FOR
$12,000 THIS YEAR AND ARE
IMMEDIATELY IN DANGER OF HAVING
TO ABANDON THEIR CONSERVATION
EASEMENT THAT IS HAPPENING RIGHT
NOW IN MERCED. BASIN WHERE THE
PLAN WAS APPROVED. UM YOU KNOW,
IT'S SUCH A SMALL DROP IN THE
BUCKET COMPARED TO THE TENS,
HUNDREDS OF MILLIONS OF DOLLARS
THAT ARE NEEDED TO FIX THE
OVERDRAFT PROBLEM IN THE SPACE,
AND SO I REALLY DON'T SEE A
CONSTITUTIONAL ISSUE HERE FOR A
SMALL EXEMPTIONS SIMILAR TO THE
ONES THAT WERE ALREADY BUILT
INTO SIGMA BECAUSE THE
CONSTITUTIONAL LIMITATIONS ON
THE COLLECTION OF FEES ARE
NECESSARILY BOUNDED BY THE
AUTHORITY THAT THE LEGISLATURE
GRANTS TO LOCAL AGENCY TO
COLLECT THOSE FEES. I WOULD JUST
SAY THAT THOUGH MY THINKING AND
UNDERSTANDING OF 26 AND 218 IS
THAT UH, THE EXEMPTIONS OCCURRED
PRIOR TO THE PLANS BEING
CONSTRUCTED AND SUBMITTED AND
THEREFORE YOU KNOW, DIDN'T TAKE
INTO CONSIDERATION THOSE
SPECIFIC EXEMPTED AREAS, BUT
THEY DID TAKE INTO CONSIDERATION
RIGHTFULLY OR WRONG. UH THESE,
THESE TWO THAT WE'RE LOOKING TO
EXEMPT TODAY, SO I STILL REMAIN
QUESTIONS ON THAT FOR ME. ON ON.
LASTLY MADAM CHAIRMAN, THAT'S
OKAY ON PROBATIONARY REVIEW. SO
SIX OUT OF 21, SOME ARE BEING
FURTHER REVIEWED. CAN YOU
PROVIDE ME SPECIFICALLY FOR
DISADVANTAGED COMMUNITIES? IS
THERE ANYTHING THAT YOU'RE
HEARING FROM THOSE REVIEWS THAT
I WAS ADDRESSING THE COMMUNITIES
THAT COULD BE IMPACTED LIKE
THIS? WELL I WANT SPEAKING TO
SHOW THAT THE THIS IS THE PLANTS
THAT ARE UNDER PROBATION.
THEY'RE NOT DISCUSSING FEES
RIGHT NOW. SO I THINK THE THING
TO REMEMBER IS WE HAVE WHY THE
PLANS HAVE GONE INTO PROBATION
AND LARGELY, IT'S FOR A VARIETY
OF REASONS. SO, FOR INSTANCE,
SOME OF THE BASINS HAVE HAD
PROBLEMS COORDINATING AND CAN'T
COME TO AGREEMENT. SOME BASINS
IN SOME CASES, DEPARTMENT OF
WATER RESOURCES. UM COULDN'T
REALLY JUSTIFY PASSING BASINS,
WITH HUNDREDS OF WELLS GOING DRY
ON AN ANNUAL BASIS. UM SO FEES
HAVE FEES ARE STILL ARE STILL AT
THE LOCAL LEVEL, AND THEY'RE
STILL BEING NEGOTIATED AT THE
LOCAL LEVEL. THE STATE WATER
BOARD WILL CHARGE FEES. IT'S
PART OF THE STATUTE. UM AND WHAT
THEY'RE DOING IS THEY'RE HOLDING
A SERIES OF HEARINGS OVER THE
NEXT YEAR SO THAT OUT OF THE SIX
BASINS ONLY THE FIRST REPORT FOR
TILLERY BASIN HAS COME OUT. AND
THAT'S GOING TO BE HEARD IN
APRIL, AND THEN THEY'LL ABOUT
EVERY THREE OR FOUR MONTHS AFTER
HEARING OTHER BASIS. THANK YOU.
JUST THE PROCESS QUESTION. IS
THIS GOING TO GO TO ANOTHER
COMMITTEE AS WELL OR JUST
APPROACH? THANK YOU. I THINK
JUST APPROACHED MR BENNETT. GOOD
MORNING. GOOD MORNING. UM I
WOULD GROUNDWATER IS ONE OF THE
MOST COMPLICATED ISSUES THAT WE
DEAL WITH IN THE STATE OF
CALIFORNIA. I WOULD LIKE TO USE
THIS OPPORTUNITY TO QUICKLY MAKE
A FEW POINTS AND TRY TO PUT THIS
IN PERSPECTIVE AND THE
PERSPECTIVE AT FIRST LIKE TO PUT
IT IS YOU JUST HEARD THE
TESTIMONY. WE'RE TALKING LIKE IN
ONE SMALL AREA THAT SHE'S
REFERRING TO 2500 ACRE FEET.
WHEN THEY'RE PUMPING OVER A
MILLION ACRE FEET. ALL RIGHT, SO
WE'RE NOT TALKING ABOUT YOU KNOW
THE RAPE OF THE GROUNDWATER IT
IN A PARTICULAR WAY. WE'RE
TALKING ABOUT TRYING TO MAKE
ADJUSTMENTS FOR THE SMALLEST,
MOST VULNERABLE USERS THAT TEAR
OUT THEIR SECOND THING IS, WE
HEARD PRETTY SIGNIFICANTLY LONG
TESTIMONY ABOUT PROP 28 ABOUT
THE YOU KNOW ABOUT THAT, BUT THE
CONSTITUTIONAL ISSUES AND THE
FEES, ETCETERA. BUT MY
UNDERSTANDING IS THE WAY THIS
BILL HAS BEEN AMENDED FEES ARE
NO LONGER BEING COVERED. IS THAT
CORRECT? GONNA ASK COMMITTEE
STAFF YES, AND FINES WERE
LIMITED AS WELL. IS NOT SO IN
SPITE OF THE TESTIMONY JUST
HEARD AND ALL THE REASONS WHY,
BECAUSE OF FEES. IN FACT FEES
THEY WILL HAVE TO PAY THEIR FEES
WHAT THEY DON'T HAVE TO PAY OR
THE FINES IF THEY, UM IT IF THEY
GO OVER AND IT'S I BELIEVE THE
WAY I READ IT THERE. IT WOULD BE
UP TO IF YOU GO BEYOND THE
AVERAGE FROM 2015 TO 2020. THEN
YOU COULD BE ASSESSED DEPENDING
ON THE LOCALITY AND HOW THAT
WORKS OUT. EXACTLY SO YOU COULD
STILL HAVE TO PAY YOUR FINES.
BUT CORRECT BUT YOU'RE YOU HAVE
TO PAY YOUR FEES. SO AM I
CORRECT HERE, STEP RIGHT. SO
STRAIGHTEN THAT OUT FOR US,
PLEASE. IT'S MY UNDERSTANDING
YOU CAN PUMP UP TO THAT
THRESHOLD EXACTLY WITHOUT A FEE
THAT RIGHT YEAH, FROM HERE.
LET'S GO EXAMPLE. YOU CAN. YOU
DON'T HAVE TO PAY FEES UP TO THE
THRESHOLD, CORRECT. OKAY UM
WHAT? WELL MY READING OF THIS
MEMBER LIKE I SAID, GROUNDWATER
IS COMPLICATED THINGS OUT THAT
ARE OUT THERE BECAUSE MY READING
IN TERMS OF THE WAY, STAFF
WROTE. THIS IS TO ENSURE THAT,
UM, THAT THEY WEREN'T EXEMPT IN
TERMS OF PAYING. WELL, IT WAS IF
I MAY. IT WAS ORIGINALLY DRAFTED
THAT THERE WOULD BE NO FEES IF
YOU WENT OVER THE THRESHOLD AND
WE ELIMINATED EXACTLY SO NOW
THEY'RE NOW THERE ARE THINK IT
WAS CHARACTERIZED AS A FREE PASS
, WHICH WAS COMPLETELY
INACCURATE. YES BECAUSE THEY
WILL BE PAYING FEES. THE THIRD
THING I WOULD JUST LIKE TO POINT
OUT IS YOU'RE TALKING ABOUT THE
2500 ACRE FEET OUT OF, YOU KNOW,
OVER A MILLION IN TERMS OF BEING
PUMPED. THE REPRESENTATION OF
SMALL PUMPERS AND CONSERVATION
DISTRICTS MANAGED CONSERVATION
DISTRICTS. IT IS VERY DIFFICULT
FOR THEM TO HAVE GOOD
REPRESENTATION AT GROUNDWATER
SUSTAINABILITY AGENCIES THE WAY
THE AGENCIES AUTHORITIES WERE
SET UP. IT WAS THE MOST POWERFUL
ALMOST ALWAYS DOMINATED THE
CREATION OF THOSE AGENCIES, AND
YOU JUST DON'T SEE THAT KIND OF
REPRESENTATION ACROSS THE ACROSS
THE BOARD IN TERMS OF THE STATE,
THE STATE AND, UM, AND THE
QUESTION IS YOU KNOW, DWR SAYS
THERE WAS NOT AN EXISTING, YOU
KNOW, THERE'S NOT A SPECIFIC
EXEMPTION FOR THE SMALL WATER
USERS AND BUT IN TALKING TO THE
AUTHORS, ONE OF THEM WAS HERE
TODAY, TESTIFYING IN FAVOR OF
THIS BILL, TALKING TO SENATOR
FRAN PAVLEY, THE AUTHOR OF THE
BILL, CERTAINLY HER INTENTION IN
TALKING TO HER. SHE HAD HER
INTENTION WAS FOR THEM TO BE
THERE, AND THERE IS A REFERENCE
IN THE BILL. 22 ECOSYSTEMS
DEPENDENT UPON GROUNDWATER. AND
I DON'T KNOW HOW YOU COULD NOT
DEFINE A WETLANDS THAT IS
DEPENDENT UPON GROUNDWATER AS
BEING AN ECOSYSTEM THAT
DEPENDENT UPON IT. AND IF HUMAN
BEINGS ARE CONSIDERED PART OF
THE ECOSYSTEM THAN CERTAINLY
SMALL, YOU KNOW 5060 HOMES
AROUND THE PARTICULAR WELL, BUT
WE'RE SORT OF TALKING SO THAT MY
FINAL POINT IS WE'RE TALKING
ABOUT VERY SMALL AMOUNT OF
PUMPING THAT SMALL AMOUNT OF
PUMPING IS VERY UNDERREPRESENTED
GENERALLY IN THE IN THE SYSTEM,
UM AND THERE IS A SAFEGUARD IN
HERE THAT IT'S NOT AN EXEMPTION
FOREVER, AND IT'S GOING TO CAUSE
A PROBLEM. IT IS THREE YEARS AND
LET'S GET THIS FIGURED OUT FOR
THESE PEOPLE, YOU KNOW, IN THIS
THREE YEAR PERIOD AND I HAVE
SEEN OVER AND OVER AGAIN. A
REALLY STRONG REACTION TO THESE
IN OTHER SITUATIONS BY PEOPLE
GOING ALL THIS IS, YOU KNOW THE
WORST THING IN THE WORLD BECAUSE
OF A PRECEDENT, BUT IT'S ALMOST
ALWAYS WHEN IT IS SOMEBODY WHO
IS UNDERREPRESENTED LIKE THIS.
SO I JUST THINK THIS IS A MODEST
PROPOSAL. I THINK STAFF HAS DONE
A GOOD JOB OF TRYING TO MAKE
SURE THAT IT IS A MODEST
PROPOSAL. IN TERMS OF THE FIX,
AND IT WOULD BE A SHAME TO NOT
SEND THAT MESSAGE THAT WE DO
WANT THIS FIXED OVER THIS THREE
YEAR PERIOD OF TIME. THANK YOU
VERY MUCH. SOUNDS LIKE A MOTION.
I'LL MAKE THE MOTION. UH MORE
DEVELOPMENT. THANK YOU, MR
BENNETT. DO WE HAVE A SECOND?
TAKEN FROM MR HART. MR MATHIS.
THANK YOU, MADAM CHAIR. UM OKAY?
I PERSONALLY THINK YOU'RE YOU'RE
REALLY CLOSE ON ON THIS BILL,
BUT BUT NOT QUITE. YET THERE UM,
I DO HAVE SOME CONCERNS WITH THE
SMALL BECAUSE BACK IN 2015. WE
ACTUALLY PASSED, UM, SOME
CONSOLIDATION BILLS TO MAKE SURE
THAT THE SMALL DISTRICTS THAT
WERE FAILING WOULD BE ABLE TO
CONSOLIDATE IN WITH LARGER
DISTRICTS AND BE SUSTAINABLE.
AND THIS IS SOMETHING THAT I'VE
SEEN QUITE A BIT OF SUCCESS WITH
IN THE SAN JOAQUIN VALLEY BEING
THE MEMBER THAT REPRESENTS THE
AREA THAT A LOT OF THIS IS
HAPPENING AND UM. TOO OFTEN. THE
SMALLS THEY CAN'T AFFORD TO PAY.
THE COMMUNITIES CAN'T AFFORD THE
TREATMENT PLANTS AND EVERYTHING
ELSE THAT NEEDS TO GO INTO IT,
AND THEY END UP CONSOLIDATING
AND WITH THE LARGER CITIES. AND
SO WHEN YOU LOOK AT ALL OF THESE
ASPECTS PULLED TOGETHER, UM IT'S
ECONOMICALLY BETTER FOR THEM TO
GET TIED IN WITH THE LARGER
CITIES. UM AND IT REMOVES THE
ADDED ADMINISTRATIVE COST TO THE
PEOPLE IN THOSE AREAS WHO ARE
OFTEN IMMIGRANT, DISADVANTAGED
FAMILIES. UM. SO I THINK THAT'S
DEFINITELY SOMETHING THAT IS IT
ALREADY. LOOKS LIKE YOU'VE GOT
YOUR YOUR SECOND YOUR MOTION SO
BUT AS THIS BILL GOES FORWARD
INTO APPROPRIATIONS, I WOULD
ENCOURAGE YOU TO LOOK AT THOSE
THINGS FOR HOW CONSOLIDATIONS
WORK. ON THE SEE HOW YOU CAN
KIND OF ADD SOME OF THAT AND
CREATE THAT BUFFER BECAUSE WE
DON'T I MEAN, WE'RE GOING TO A
BUNCH OF CRISIS, SO WE NEED TO
BE VERY, UH SMART ON HOW WE'RE
MANAGING THE MONEY IS THAT ARE
MOVING AROUND. UM. THE OTHER
PART OF THIS THAT DRIVES A LOT
OF CONCERN. IS WHAT THIS DOES TO
THE AGRICULTURAL COMMUNITIES.
AND I'LL JUST GIVE YOU SOME
BASIC NUMBERS IN THE SAN JOAQUIN
VALLEY. IT'S AVERAGED ABOUT ONE
IN FOUR JOBS IS RELATED TO ACT.
AND THERE'S A THERE'S A
MULTIPLIER HERE THAT WHEN YOU
THINK ABOUT AGRICULTURAL
FAMILIES IT'S YOU GOT THE
FAMILY. YOU KNOW, AND THEN YOU
TALK ABOUT THE WHOLE 2.5 KIDS
AND ALL OF THAT, SO LET'S LET'S
JUST CALL IT YOU'VE GOT ONE IN
FOUR JOBS. LET'S JUST USE THE
MULTIPLIER OF FOUR HERE. HERE'S
THE SIMPLE MATH. BUT IF YOU HAVE
50,000 JOBS TIMES, FOUR NOW YOU
HAVE 200,000 PEOPLE. DISPLACED
BECAUSE YOU LOST AG JOBS. WHY DO
YOU 200,000 PEOPLE GO? BECAUSE
THOSE ARE THE LARGE CITIES IN MY
DISTRICT. IN THEIR SMALLER THAN
THAT. SO WHEN WE START LOOKING
AT LOSING AGRICULTURAL WATER
IT'S NOT JUST LOSING WATER. IT'S
NOT JUST FOLLOWING ACREAGE. IT'S
DISPLACING HUNDREDS OF THOUSANDS
OF FAMILIES. PEOPLE. THAT HAVE
NOWHERE ELSE TO GO. BECAUSE ONCE
THOSE JOBS ARE GONE, THEY'RE NOT
COMING BACK. THOSE PEOPLE ARE
NOT COMING BACK. AND IT GOES
INTO THE MASS BY GRATION PROBLEM
THAT WE HAVE, WHERE WE'RE SEEING
OUR RESIDENTS PACK UP AND LEAVE.
BECAUSE WHEN THE JOBS ARE GONE,
AND IT'S NOT JUST THE
AGRICULTURAL JOBS BECAUSE OF THE
SPOUSE WORKS AS A TEACHER OR A
NURSE IN THE LOCAL HOSPITAL OR
AT THE PHARMACY OR AT THE
GROCERY STORE. AND THAT'S A HUGE
PROBLEM. WE AS A BODY REALLY
NEED TO PAY ATTENTION TO, AS WE
CONTINUE TO CUT AT AGRICULTURE
IN THE STATE. SO CLEARLY IT
LOOKS LIKE YOU'VE GOT YOUR
MOTION IN A SECOND. BUT AS THIS
BILL GOES FORWARD AND FOR ALL OF
US AS A BODY, I REALLY ENCOURAGE
YOU TO PAY ATTENTION TO THESE
NUMBERS. WHAT'S HAPPENING TO OUR
AGRICULTURAL COMMUNITIES.
BECAUSE WE ARE CREATING DUST
BOWL SCENARIOS FOR THEM. AND I
KNOW THERE'S TALK OF OH, YEAH,
THEY CAN BE ENERGY, SOLAR
FARMERS AND THESE THINGS THAT'S
GREAT, BUT THE JOBS AREN'T
THERE. IT'S NOT THE SAME MATH.
THE FAMILIES ARE BEING
DISPLACED, AND IT'S A REAL
PROBLEM. THANK YOU SO MUCH ROOM
MATHIS ANYBODY ELSE? OKAY I WILL
MAKE ONE COMMENT, AND THAT IS
THAT WE THIS IS A BALANCING OF
INTERESTS, AND WE VERY MUCH
TRIED TO THREAD THE NEEDLE. I
WANT TO THANK THE AUTHOR. FOR
WORKING WITH US, UH, AS IT
RELATED TO THE SUNSET. I THINK
WE'VE GOT A REASONABLE
TIMEFRAME. THIS IS NOT MEANT TO
BE AN EXEMPTION IN PERPETUITY,
BUT RATHER TO GET IN THERE AND
DO THE WORK AND MAKE SURE THAT
THESE COMMUNITIES ARE PROTECTED
IN A REASONABLE WAY AS IT
RELATES TO SIGMA. SO WE HAVE A
MOTION AND A SECOND TO DO PASS
AS A MAN MENDED TO APPROACH
WOULD YOU LIKE TO CLOSE? YES I
WOULD. AND I APPRECIATE THE WORK
THAT WENT INTO THIS. APPRECIATE
ALL THE TESTIMONY AND GREAT
DISCUSSION THIS MORNING.
INCLUDING THE INTERESTS OF
AGRICULTURE, WHICH IS SO BIG IN
OUR STATE. REALLY JUST EMPHASIZE
A COUPLE POINTS. THE UNIQUE
CHALLENGES WE'RE TALKING ABOUT
RELATED TO DISADVANTAGED
COMMUNITIES AND MANAGED WETLANDS
IN THOSE COMMUNITIES. UM AS WE
WORK TOWARD THIS BROADER GOAL OF
WATER SUSTAINABILITY THROUGHOUT
OUR STAY MAYBE 2828 WILL HELP
ENSURE THAT THE GROUNDWATER
NEEDS OF THESE VULNERABLE USERS
ARE BETTER ACCOUNTED FOR IN G,
S. P S AND SIGMA. AS IT IS
FURTHER IMPROVED AND IMPLEMENTED
, AND I THINK THIS THREE YEARS
SINCE DOES PLAY INTO THAT GOAL.
SO WITH THAT, I RESPECTFULLY ASK
FOR AN IBO. THANK YOU, MADAM
CLERK. A B 8 TO 8 MOTION IS DUE
PASS AS AMENDED TO
APPROPRIATIONS HAPPEN. MATHIS
SNOW ATIS, I COLONIES IN EAST
NOT VOTING. ALVAREZ. BENNETT
BENNETT, I BONTA I WANT TO I
DAVIES DAVIES. NO, GARCIA. PART
THREE OF US REVIS I SHIAVO VÚI
WEBER. HOWEVER, I. OKAY LOOKS
LIKE WE'RE THERE, BUT WE'LL
LEAVE THE ROLL OPEN AND THANK
YOU ALL FOR THE ROBUST
DISCUSSION.
MR OUR AS WELCOME BACK. OR DOING
A ROLL CALL VOTE. THIS IS A. MM
88. WHATEVER IT WAS TO PASS IS
AMENDED TO APPROACH. WHERE ARE
YOU? ALVAREZ ALVAREZ? NOT
VOTING. GARCIA OKAY? OKAY THAT
PASSES 8 TO 2. THANK YOU. WORLD
JOURNEY. NO. BEAUTIFUL PERFECT.