The Sustainable Groundwater Management Act (SGMA), Water Code 10720 et seq., requires local groundwater sustainability agencies (GSAs) to develop and implement groundwater sustainability plans (GSPs) to meet the sustainability goal established pursuant to SGMA. (Water Code 10727) The Department of Water Resources (DWR) is required to review GSPs to evaluate whether they comply with provisions of SGMA, are likely to achieve the sustainability goal for the basin, and whether they adversely affect the ability of adjacent basins to implement their groundwater sustainability plans. (Water Code 10733) DWR is required to evaluate a GSP and issue an assessment within two years of its submission by a GSA. (Water Code 10733.4) Accordingly, DWR evaluated the Madera Subbasin GSP and has issued its assessment of that GSP, which determines the GSP is "incomplete," as defined in DWR's GSP Regulations (23 Cal. Code Regs. 355.2)
CEQA does not apply to the preparation and adoption of GSPs. (Water Code § 10728.6); DWR's issuance of the assessment does not represent an “approval” or " carrying out" of a "project" under CEQA. (Public Resources Code 21065, 21080, 21081); A GSA is not prohibited from implementing its GSP prior to evaluation and assessment by DWR. (Water Code 10733.4(d)); There is no possibility that DWR's issuance of the assessment may have a significant effect on the environment. (CEQA Guidelines 15061(b)(3)); Even if CEQA applied to the issuance of the assessment or to the GSP itself, DWR believes several other exemptions likely apply to issuance of the assessment. Furthermore, DWR could not presently conduct meaningful environmental review under CEQA because it would require speculation and conjecture; however, SGMA does not exempt projects that would implement actions taken pursuant to a GSP, and DWR therefore expects GSAs will satisfy any applicable CEQA obligations when approving or carrying out projects as part of GSP implementation.
Exempt Status Statutory Exemption Type, Section or Code Water Code 10728.6 Reasons for ExemptionCEQA does not apply to the preparation and adoption of GSPs. (Water Code § 10728.6); DWR's issuance of the assessment does not represent an “approval” or " carrying out" of a "project" under CEQA. (Public Resources Code 21065, 21080, 21081); A GSA is not prohibited from implementing its GSP prior to evaluation and assessment by DWR. (Water Code 10733.4(d)); There is no possibility that DWR's issuance of the assessment may have a significant effect on the environment. (CEQA Guidelines 15061(b)(3)); Even if CEQA applied to the issuance of the assessment or to the GSP itself, DWR believes several other exemptions likely apply to issuance of the assessment. Furthermore, DWR could not presently conduct meaningful environmental review under CEQA because it would require speculation and conjecture; however, SGMA does not exempt projects that would implement actions taken pursuant to a GSP, and DWR therefore expects GSAs will satisfy any applicable CEQA obligations when approving or carrying out projects as part of GSP implementation.
Disclaimer: The Governor’s Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. For more information, please visit OPR’s Accessibility Site.