Cal. Code Regs. Tit. 23, § 355.4 - Criteria for Plan Evaluation
The
(a) An adopted
Plan must satisfy all of the following conditions:
(1) The Plan was submitted within the
statutory deadline , as applicable.
(2) The Plan is complete and includes the
information required by the Act and this Subchapter, including a coordination
agreement, if required.
(3) The
Plan , either on its own or in coordination with other Plans, covers the entire
basin .
(4) The Agency has taken
corrective actions, within the period described in Section
355.2, to address any deficiencies
in the Plan identified by the Department .
(b) The Department shall evaluate a Plan that
satisfies the requirements of Subsection (a) to determine whether the Plan ,
either individually or in coordination with other Plans, complies with the Act
and substantially complies with the requirements of this Subchapter.
Substantial compliance means that the supporting information is sufficiently
detailed and the analyses sufficiently thorough and reasonable, in the judgment
of the Department , to evaluate the Plan , and the Department determines that any
discrepancy would not materially affect the ability of the Agency to achieve
the sustainability goal for the basin , or the ability of the Department to
evaluate the likelihood of the Plan to attain that goal. When evaluating
whether a Plan is likely to achieve the sustainability goal for the basin , the
Department shall consider the following:
(1)
Whether the assumptions, criteria, findings, and objectives, including the
sustainability goal, undesirable results, minimum thresholds, measurable
objectives, and interim milestones are reasonable and supported by the best
available information and best available science .
(2) Whether the Plan identifies reasonable
measures and schedules to eliminate data gaps.
(3) Whether sustainable management criteria
and projects and management actions are commensurate with the level of
understanding of the basin setting , based on the level of uncertainty , as
reflected in the Plan .
(4) Whether
the interests of the beneficial uses and users of groundwater in the basin , and
the land uses and property interests potentially affected by the use of
groundwater in the basin , have been considered.
(5) Whether the projects and management
actions are feasible and likely to prevent undesirable results and ensure that
the basin is operated within its sustainable yield.
(6) Whether the Plan includes a reasonable
assessment of overdraft conditions and includes reasonable means to mitigate
overdraft, if present.
(7) Whether
the Plan will adversely affect the ability of an adjacent basin to implement
its Plan or impede achievement of its sustainability goal.
(8) Whether coordination agreements, if
required, have been adopted by all relevant parties, and satisfy the
requirements of the Act and this Subchapter.
(9) Whether the Agency has the legal
authority and financial resources necessary to implement the Plan .
(10) Whether the Agency has adequately
responded to comments that raise credible technical or policy issues with the
Plan .
Notes
Note: Authority cited: Section 10733.2, Water Code. Reference: Sections 10720.7, 10722.4, 10723.2, 10727, 10727.2, 10727.4, 10727.6, 10733, 10733.2 and 10733.4, Water Code.
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