(a) A groundwater sustainability agency or a local agency, whether or not an applicant, permittee, or licensee under provisions of this division other than this article, may apply for, and the board may issue, a conditional temporary permit for diversion of surface water to underground storage for beneficial use that advances the sustainability goal of a groundwater basin under Part 2.74 (commencing with Section 10720) of Division 6, without complying with other procedures or provisions of this division, subject to all requirements of this article. An application may be filed under this article whether or not there is an adopted groundwater sustainability plan, an interim plan, or an alternative under Section 10733.6 for the basin.

(b) Before issuing a permit pursuant to this article, the board shall make all of the following findings based upon a preponderance of the evidence:

(1) The proposed diversion is to underground storage for beneficial use consistent with subdivision (a).

(2) The water may be diverted and used without injury to any lawful user of water, including the user’s ability to meet water quality objectives. This finding may be satisfied by demonstrating both of the following:

(A) The proposed diversion to underground storage will occur only when both of the following conditions are satisfied:

(i) Flow in the source waterbody exceeds the claims of all known legal users who divert water downstream of the proposed point of diversion.

(ii) Unregulated flow in the source waterbody will be sufficient below the proposed point of diversion to meet instream flow requirements and water quality objectives.

(B) To prevent injury to existing legal users of water, storage and extraction from storage in the basin under the proposed permit will be subject to accounting methods and reporting requirements established by any of the following:

(i) A groundwater sustainability plan.

(ii) An interim plan.

(iii) An alternative approved pursuant to Section 10733.6.

(iv) The board, in applying conditions to the permit.

(3) The water may be diverted and used without unreasonable effect upon fish, wildlife, or other instream beneficial uses. If the permit does not include a condition proposed by the Department of Fish and Wildlife under paragraph (2) of subdivision (c) of Section 1433.2, the board shall include in the findings an explanation of why the condition is not included.

(4) The proposed diversion and use are in the public interest, including findings to support permit conditions imposed to ensure that the water is diverted and used in the public interest.

(5) If there is an adopted groundwater sustainability plan, an interim plan, or an alternative under Section 10733.6 for the basin, the proposed diversion to underground storage is consistent with that plan or alternative.

(c) The board may delegate to any officer or employee of the board all or any of its functions under this article, as provided in Section 7.

(Added by Stats. 2019, Ch. 678, Sec. 8. (AB 658) Effective January 1, 2020.)