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SGMA for All Ensuring Equal Access to Clean, Affordable Groundwater

This article discusses the implementation of the Sustainable Groundwater Management Act (SGMA) in California to ensure equal access to clean and affordable groundwater. It explores the challenges faced by small, low-income communities and the role of public institutions in achieving sustainable groundwater management and advancing environmental justice priorities.

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SGMA for All Ensuring Equal Access to Clean, Affordable Groundwater

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  1. SGMA for All Ensuring Equal Access to Clean, Affordable Groundwater Jennifer Clary Water Program Manager February 2, 2019

  2. ROUND 1 ABOUT CLEAN WATER ACTION

  3. Clean Water Action: Who we Are

  4. Human Right to Water “It is hereby declared to be the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes….”

  5. Local, regional and state environmental groups Environmental Justice organizations Good Government organizations Tribes Small farmers Academia Community groups NGO Groundwater Collaborative

  6. Community of San Jerardo • 66 Houses • One Child Care Center • One Community Center • 350 Residents

  7. Water Contamination (1990-2001) • Three drinking water wells were contaminated • Five years of bottle water • Residents suffer health issues by showering • 17,000 dollars monthly cost for a filtration system

  8. New source of water (2010) • Government Agencies Help the Community • A new drinking water system was built • 500 percent increase in water rates

  9. Clean Water not Affordable

  10. San Jerardo Current Issue • County is selling the drinking water system • Request water system to be transfer to San Jerardo • State requires $550,000 on reserves to qualify for the TMF

  11. SGMA for All: Ensuring Equal Access to Clean, Affordable Groundwater Kristin Dobbin PhD Student, University of California Davis February 2, 2019

  12. Round 1 Research Focus and the Role of Academics and Universities in Public Policy Implementation

  13. Trends in Water (Environmental) Policy The Human Right to Water (AB 685) Regional Water Governance (IRWM, SGMA etc.)

  14. Trends in Water (Environmental) Policy Challenges and Opportunities The Human Right to Water (AB 685 (2012)) Regional Water Governance (IRWM, SGMA etc.)

  15. The Role of Regional Planning in Achieving and Maintaining the Human Right to Water Balazs, C. L., & Ray, I. (2014). The drinking water disparities framework: on the origins and persistence of inequities in exposure. American Journal of Public Health, 104(4), 603-611.

  16. SGMA and the Human Right to Water • Importance (and challenge) of groundwater for DACs • Primary drinking-water source • Often reliant on a single well, No backup wells • Contamination and drinking water compliance challenges • Limited TMF capacity to respond/adapt to changing conditions by themselves • Statutory requirements for consideration/involvement • AB 685 (2012): Human Right to Water mandate for state agencies

  17. Research Questions • Where, when and it what ways are small, low-income communities involved with SGMA implementation? • How do communities perceive SGMA? How are they experiencing the policy implementation process? • What are the barriers to and opportunities for improving community participation in SGMA (and more broadly regional water governance)? • How does SGMA impact the Human Right to Water in California? How could SGMA advance environmental justice priorities?

  18. The Role/Responsibility of Public Institutions • Public Universities as a public good, public service • Land-Grant Universities • Morrill Act 1862 • “Research results in progress only when it is used to improve the welfare of mankind” (Bishop, 1963)

  19. CaliforniaGroundwaterSGMA &Beyond Sam Boland-Brien Groundwater Management State Water Resources Control

  20. “ Where a local groundwater sustainability agency is not managing its groundwater sustainably, the state needs to protect the resource until…a local groundwater sustainability agency can sustainably manage the groundwater basin. ” California Legislature

  21. Backstop TriggerIntervention Issues NotFixed? InterimPlan Basin Probation

  22. groundwaterBASIN Probationary Opportunity to fix issues All pumpers report Board investigations May require meters WC § 10735.4 (a) WC § 5202, § 10735.2 (c)(2) WC § 5204, § 10736.6 WC § 10735.2 (c)(3)

  23. Interim PLAN May include: Pumping restrictions Physical solution Principles & guidelines for administration of interconnected surface water rights Water Code section 10735.8(c)

  24. Round 2 SGMA and the link to Safe and Affordable Drinking Water

  25. Sustainable Groundwater Management Act (SGMA) 2014 Requires high and medium priority groundwater agencies to be sustainably managed Emphasizes local control of groundwater Identifies 6 impacts that must be monitored and addressed Promotes strong public engagement Requires basins to be in balance within 20 years of plan completion

  26. CWA SGMA Priorities Ensure that all impacted uses and users are represented in decision-making and implementation Set measurable objectives that achieve sustainability as soon as possible Mitigate impacts on disadvantaged communities Employ sound science and transparent data

  27. Good Plan requirements • Identify wellhead protection areas and recharge areas. • Map migration of contaminated groundwater. • Include a well abandonment and destruction program. • Adopt well construction policies. • Adopt measures addressing groundwater contamination cleanup

  28. SGMA challenges:What’s “undesirable” and who decides? Significant and unreasonable…. • Lowering of groundwater levels • Reduction of groundwater storage • Seawater intrusion • Degraded water quality • Land subsidence • Surface water depletions

  29. Water Quality • Develop water quality triggers that require action before water quality standards are exceeded • Identify unique water quality concerns for shallow groundwater • Identify water quality impacts of GSP actions, such as • Changes in groundwater chemistry that can increase concentration of naturally occurring contaminants • Contaminants transported from vadose zone to groundwater

  30. Suggested Water Quality Objectives • Thresholds • Primary and Secondary Drinking Water Standards • Basin plan Objectives • Triggers • Trends • Most sensitive use • Need for treatment

  31. Additional trigger – Trends

  32. Nitrate, Well Depth, and Land UseUSGS domestic well study 2006 Urban Agriculture Forest Grass/shrub/rock Derived from GAMA PBP, GAMA DWP & USGS NWIS data

  33. Change in San Joaquin Valley Groundwater levels 2013-2014 Department of Water Resources

  34. What does a 20-year path to compliance look like?

  35. SGMA Requirements: Stakeholder Engagement • The groundwater sustainability agency shall consider the interests of all beneficial uses and users of groundwater • “A list of interested parties [shall be] developed [along with] an explanation of how their interests will be considered” • “The groundwater sustainability agency shall make available to the public and the department a written statement describing the manner in which interested parties may participate in the development and implementation of the groundwater sustainability plan” • “Any federally recognized Indian tribe… may voluntarily agree to participate in the preparation or administration of a groundwater sustainability plan or groundwater management plan … A participating tribe shall be eligible to participate fully in planning, financing, and management under this part”

  36. SGMA Public ParticipationRequirements: • The groundwater sustainability agency shall encourage the active involvement of diverse social, cultural, and economic elements of the population within the groundwater basin” • Public hearing requirements at multiple junctures – GSA formation, plan adoption or amendment, establishment of fees

  37. Stakeholder engagement is often lacking Transparency takes a back seat to expediency 20-year implementation time-frame creates disproportionate impacts to shallow groundwater users Data limitations not addressed Water quality is given short shrift SGMA Challenges: How will DWR defend statute?

  38. Thank you! For more information, contact: Jennifer Clary Water Program Manager Clean Water Action/Clean Water Fund 350 Frank H. Ogawa Plaza, Suite 200 Oakland, CA 94612 Tel. (415) 369-9160x344 Jclary@cleanwater.org

  39. Current Challenges for Disadvantaged Communities • San Jerardo water issues mirrors other communities • Who is going to step up to fix this problem? • Who is going to pay for this problem? • Who is going to protect clean water wells?

  40. IRWM Existing Work • Greater Monterey County Integrated Regional Water Management Plan • Completed a Three Year Study on Disadvantage Communities • Need Technical and Funds Assistance

  41. Continue Dac’s Work • Expand the work for selected Dac’s • Find Sponsors to Obtain Funds • Implement Water Projects as Funds are Available

  42. Salinas Valley Basin GSA Challenges • Sea Water Intrusion • Overdraft Basin • Water Quantity • Water Contamination

  43. Ground Water Sustainable Plan • Inscribe the Salinas Valley Basins Plan • Establish Water Fees • Develop Solutions to Water Problems • Become Sustainable Basins

  44. Final Thoughts • Protect Clean Water • Mitigate and Avoid Water Contamination • Establish a Clean Water Fund by the Legislature

  45. Thank you

  46. Round 2 Challenges and Opportunities for Integrating Small and Low-Income Communities in SGMA Implementation

  47. Phase One Methods Spatial Analysis • GIS analysis using ArcMap to locate all DAC Places (DACs) within GSAs (>10% DAC area, as of Jan 2018) Secondary Data Compilation Primary Data Collection • Which small DACs are 1) members of their respective GSA(s) 2) decision-makers of their respective GSA(s) and 3) listed as interested parties per CA Water Code Section 10723.8? Binomial Logit Model

  48. How Many Small DACs are Impacted? • 685 DAC places • 545 small DAC places (populations < 10,000) • 243 of the 545 are subject to SGMA (located in high and medium priority groundwater basins) • 109 exclusive GSAs have one or more small DAC in their boundaries

  49. Do Small DACs Appear on GSA Interested Parties Lists as Required? • 55% of small DACs were identified anywhere in the interested parties list submitted by their respective GSA(s) • 51% of GSAs identified all of the small DACs in their boundaries • 23% identified none of the small DACs in their boundaries.

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