The Surface Mining and Reclamation Act of 1975 prohibits a person, with exceptions, from conducting surface mining operations unless, among other things, a permit is obtained from, a specified reclamation plan is submitted to and approved by, and financial assurances for reclamation have been approved by the lead agency for the operation of the surface mining operation.

This bill would prohibit pit dewatering, as defined, in areas with subsurface river flow or groundwater levels shallower than 50 feet below ground anywhere within the San Joaquin River Parkway, as defined.

This bill would make legislative findings and declarations as to the necessity of a special statute for the San Joaquin River Parkway.

2770.2.

(a) A person shall not conduct pit dewatering in areas with subsurface river flow or groundwater levels shallower than 50 feet below ground anywhere within the San Joaquin River Parkway, as defined in the “San Joaquin River Parkway Master Plan Update” from March 2018.

(b) For purposes of this section, “pit dewatering” means any water that is impounded or that collects in the pit and is pumped, drained, or otherwise removed from the pit through the efforts of the pit operator. This term also includes wet pit overflows caused by solely by direct rainfall or ground water seepage.

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of the communities within and surrounding the San Joaquin River Parkway.