Alternative to a Groundwater Sustainability Plan - Niles Cone Subbasin
Summary
SCH Number
2024061244
Public Agency
California Department of Water Resources
(DWR)
Document Title
Alternative to a Groundwater Sustainability Plan - Niles Cone Subbasin
Document Type
NOE - Notice of Exemption
Received
Posted
6/27/2024
Document Description
The Sustainable Groundwater Management Act (SGMA), Water Code 10720 et seq., requires local groundwater sustainability agencies (GSAs) to develop and implement groundwater sustainability plans (GSPs) or an alternative to a GSP (Alternative) to meet the sustainability goal established pursuant to SGMA (Water Code 10727). Alternatives should demonstrate how water managers have already achieved, or will achieve, sustainable groundwater management. The Department is required to evaluate approved Alternatives and issue an assessment at least every five year.
Contact Information
Name
Paul Gosselin
Agency Name
Department of Water Resources
Job Title
Deputy Director
Contact Types
Lead/Public Agency
Phone
Location
Counties
Alameda
Regions
Northern California
Other Location Info
Niles Cone Groundwater Basin
Notice of Exemption
Exempt Status
Categorical Exemption
Type, Section or Code
Guidelines 15601 [common sense]
Reasons for Exemption
The Department’s evaluation and assessment of whether the Alternative submitted by the Alameda County Water District for the Niles Cone Subbasin satisfies the objectives of SGMA is not subject to CEQA, either because it is not the “approval” or “carrying out” of a “project” under CEQA, or is subject to several specific statutory or categorical exemptions, or falls within CEQA’s common sense exemption for the following reasons:
No physical change to the environment is associated with the evaluation and assessment of the alternatives undertaken by the Department. The Alternative submitted by the Alameda County Water District is based on a Groundwater Management Plan and projects and management actions that were previously adopted and the Agency has already begun implementing.
By finding that the Alternative satisfies the objectives of SGMA, the Alameda County Water District may comply with SGMA by continuing to manage the Subbasin subject to that Alternative, without the need to develop a GSP. As a result, the evaluation and assessment of the Alternative undertaken by the Department creates no foreseeable indirect impacts, and any impacts that might occur would be difficult to predict with any accuracy and too speculative to allow the Department to provide for meaningful analysis and review.
Exempt Status
Statutory Exemption
Type, Section or Code
Water Code 10728.6
Reasons for Exemption
The Department’s evaluation and assessment of whether the Alternative submitted by the Alameda County Water District for the Niles Cone Subbasin satisfies the objectives of SGMA is not subject to CEQA, either because it is not the “approval” or “carrying out” of a “project” under CEQA, or is subject to several specific statutory or categorical exemptions, or falls within CEQA’s common sense exemption for the following reasons:
No physical change to the environment is associated with the evaluation and assessment of the alternatives undertaken by the Department. The Alternative submitted by the Alameda County Water District is based on a Groundwater Management Plan and projects and management actions that were previously adopted and the Agency has already begun implementing.
By finding that the Alternative satisfies the objectives of SGMA, the Alameda County Water District may comply with SGMA by continuing to manage the Subbasin subject to that Alternative, without the need to develop a GSP. As a result, the evaluation and assessment of the Alternative undertaken by the Department creates no foreseeable indirect impacts, and any impacts that might occur would be difficult to predict with any accuracy and too speculative to allow the Department to provide for meaningful analysis and review.
Attachments
Notice of Exemption
Disclaimer: The Governor’s Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. For more information, please visit OPR’s Accessibility Site.