On behalf of the County of Tulare Board of Supervisors, this letter is intended to document our unequivocal opposition to Assembly Bill 2201 (Bennett), which would prohibit local governments from approving a permit for a new groundwater well, or for an alteration to an existing well, without the written consent of the governing Groundwater Sustainability Agency (GSA). At a time when our surface water allocations have been catastrophically cut, it is imperative that farmers maintain adequate access to the water that grows our nation's food.
AB 2201 would codify the Governor's Executive Order requiring GSAs to approve new well permits, thereby undermining the local control provided to GSAs under the Sustainable Groundwater Management Act (SGMA), which recognizes that every groundwater basin is unique. Not only would this impose an unnecessary mandate on how GSAs operate and manage their groundwater basins, but it would introduce a disruption to the Sustainable Groundwater Management Act (SGMA) cooperative framework, needlessly delay permits, potentially result in an increase in litigation, and inserts needless confusion into the process.
Section 113 of the California Water Code states, "Sustainable groundwater management is best achieved locally through the development, implementation, and updating of plans and programs based on the best available science." AB 2201 clearly contradicts this stated policy of local control. This newly introduced permitting process for groundwater wells will negatively impact our agricultural communities in Tulare County.
The unintended consequences of this bill are certain to result in egregious damage to a $49.1 billion business sector within the State's economy. For these reasons, among others, we strongly oppose SB 871.
Sincerely,
Eddie Valero, Chairman
District Four
cc: Shaw Yoder Antwih Schmelzer & Lange