Drought Response Measures Impact Wells

In brief

As part of its efforts to address historic drought, California has placed new regulatory scrutiny on well drilling and modification of existing wells. As drought conditions intensify and create statewide challenges, Everview can assist clients to navigate increasingly complex policy changes that impact permitting and operations.

In detail

On March 28, Governor Newsom issued Executive Order (EO) N-7-22. The EO contains various directives aimed at drought response and water conservation. Noteworthy are limitations on new well drilling or the modification of existing wells. The EO states that a city, county, or other public agency shall not:

• Approve a permit for a new groundwater well or the alteration of a well in a basin subject to the Sustainable Groundwater Management Act and classified as a medium or high-priority, without first obtaining verification from the relevant Groundwater Sustainability Agency that the well would not be inconsistent with the programs implemented by that agency, and would not decrease the likelihood of achieving a sustainability goal for the basin;

OR

• Issue a permit for a new groundwater well or alteration of an existing well without first determining that the groundwater extraction would not likely interfere with the production and functioning of existing nearby wells, and cause subsidence that would impact nearby infrastructure.

Several of the EO’s other relevant provisions are summarized as follows:

• The California Department of Water Resources must consult with other sectors to develop water conservation measures.

• The California State Water Resources Control Board (“State Water Board”) must expeditiously consider a fish and wildlife beneficial use or point of diversion to improve conditions for anadromous fish.

• The State Water Board will expand inspections and enforcement against illegal surface water diversions.

• Increased emphasis on groundwater recharge projects, water efficiency projects, and drought response actions by the State Water Board and other state agencies.

As drought continues to intensify and create statewide challenges, Everview can assist clients to navigate increasingly complex policy changes that impact permitting and operations.