On Wednesday, July 9, 2014, the State Water Resources Control Board (“Water Board”) announced that it will be holding a “Stakeholder Meeting to Develop Groundwater Monitoring Model Criteria for Oil & Gas Areas.” The meeting is scheduled for Thursday, August 7, 2014 from 8:00 am to 5:00 pm in the Kern County Supervisors Chambers in Bakersfield. The Water Board is required to develop model groundwater monitoring criteria by July 1, 2015 pursuant to Senate Bill 4 (“SB 4”). (Wat. Code, § 10783, subd. (c).)
Interim well stimulation regulations, issued by the Department of Conservation’s Division of Oil, Gas & Geothermal Resources (“DOGGR”) came into effect on January 1, 2014. DOGGR is on schedule to publish permanent regulations on January 1, 2015. Under the interim regulations, well operators must submit a groundwater monitoring plan, or request an exemption from the Water Board if the operator can show the absence of protected waters. (Interim Regulations, § 1783.1, subd. (b)(4).) If the exemption is granted, the Water Board issues a written concurrence. (§ 1783.4, subd. (c).)
Other requirements of SB 4, specific to the Water Board, include consultation and creation of a formal agreement with DOGGR regarding well stimulation regulation; designation of “one or more qualified independent third-party contractor[s] . . . to perform the water sampling and testing;” and audit and review sampling conducted by third-party contractors. (Pub. Res. Code, §§ 3160, subd. (c)(2), (c)(7)(B)-(C).) Additionally, the Water Board must begin implementation of a regional groundwater monitoring plan by January 1, 2016. (Wat. Code, § 10783, subd. (h).)
To read more about SB 4 and groundwater monitoring criteria, see Stoel Rives’ SB 4 Resources Page here. For maps showing groundwater in the state, visit the U.S. Geological Survey (USGS) websites: the Southern San Joaquin Valley and the Sacramento Valley.
By Mike Mills (email@example.com) and Shannon Morrissey. Ms. Morrissey is a Law Clerk/Summer Associate with Stoel Rives LLP and is not currently licensed to practice law in California.