An Introduction to Special Act districts Roy Hull DWR-Northern Region Office

An Introduction to Special Act districts

Roy HullDWR-Northern Region Office

https://aadev.resources.ca.gov/

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

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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Special Districtsand the water code

• IRRIGATION

• COUNTY WATER

• CA WATER

• CA WATER STORAGE

• RECLAMATION

• County WATERWORKS

• WATER REPLENISHMENT

• LEVEE

• MUNICIPAL WATER

• WATER CONSERVATION

Special Districtsoutside 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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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!!

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Only 141 Authorized since the late 1800’s (11 Repealed)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.

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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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

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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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

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.)

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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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


• Ojai GW Management Agency

• Orange County Water District


• Santa Clara Valley Water District

• Sierra Valley GWM District

• Willow Creek GWM Agency



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Which Special Act Districts have GWM(P) authority provided by legislation?


• Sierra Valley and Long Valley Groundwater Basins

• Fox Canyon Groundwater 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 <New>

• Sacramento County Water Agency <New?>

• Castaic Lake Water Agency <New>

• Antelope Valley Storm Water Conservation and Flood Control District <New>

• Surprise Valley Groundwater Basin <New>

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.


• 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


• Antelope Valley Storm Water Conservation and Flood Control District

• § 136–50. Groundwater Management Plans

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)

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)

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

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

Next Steps

• Reconcile with the new legislation

• Update GW information center with new information

• Maintain information

• Determine who is really authorized to manage GW

Thank You

Documents

An Introduction to Special Act districts Roy Hull DWR-Northern Region Office