California Water Code

§ 10722.5

WAT § 10722.5 Effective Jan 1, 2020Div. 6 · Part 2.74 · Ch. 3

Statute text

(a)The San Luis Rey Valley Groundwater Basin, identified as Basin 9-007 in Bulletin 118 (2016), shall be divided into an upper and lower subbasin at the east line of the western boundary of Section 6, Range 2 West, Township 10 South, San Bernardino Meridian. The portion of the basin to the west of the dividing line shall be the Lower San Luis Rey Valley Groundwater Subbasin and the portion of the basin to the east of the dividing line shall be the Upper San Luis Rey Valley Groundwater Subbasin. Until the department reassesses prioritization pursuant to subdivision (c) of Section 10722.4, both subbasins shall be designated medium priority.

(b)(1) Notwithstanding any other law, water beneath the surface of the ground within the Upper San Luis Rey Valley Groundwater Subbasin shall be included within the definition of groundwater for the purposes of this part by any groundwater sustainability agency developing or implementing a groundwater sustainability plan, except for water beneath the surface of the ground downstream of the confluence of San Luis Rey River and Frey Creek that is extracted and used as authorized under an existing appropriative water right.

(2)The Legislature finds and declares that in light of the unique circumstances in the Upper San Luis Rey Valley Groundwater Subbasin it is necessary to include certain water within the subbasin flowing in known and definite channels in the subbasin’s groundwater that is subject to this part and that this subdivision applies to only the Upper San Luis Rey Valley Groundwater Subbasin.

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Legislative history

Amended by Stats. 2019, Ch. 255, Sec. 5. (SB 779) Effective January 1, 2020.