The Newsom Administration has taken an important step toward improving California’s flood safety and water resilience by issuing Executive Order (EO) N-16-25, which waives the requirement for local planning documents to include flood threshold definitions that indicate when groundwater recharge diversions can occur. This temporary waiver allows recharge diversion efforts to begin when local agencies determine there is a flooding emergency, rather than being delayed by the need to finalize and follow these specific planning documents. By removing this administrative hurdle, the directive enables faster flood responses while ensuring diverted water helps sustain California’s long-term water supply.
Strategic water diversions during extreme rainfall reduce community flood risk and can facilitate the replenishment of our underground aquifers, which 85% of Californians rely on for some portion of their water supply. However, when the state becomes inundated with floodwater after a storm, recharge proponents must act fast to spread out the water onto an orchard, field or floodplain. Preparedness, clear policy, and expedited permitting are necessary for successful and timely diversions.
Photos of on-farm groundwater recharge by Paolo Vescia
This most recent executive order builds on a precedent set by the Newsom Administration in 2023, when EO N-4-23 was issued in response to a record-breaking series of atmospheric rivers, which temporarily allowed diversions for groundwater recharge without a water right. The success of this EO in scaling groundwater recharge and reducing the volume of dangerous flood flows led to its codification in Senate Bill (SB) 122.
While we support the temporary changes to planning requirements to utilize the SB 122 diversion authority, in the long term, Sustainable Conservation supports the legislative requirement that diversions be covered under a Local Flood Control Act plan or General Plan flood control element, with one important addition: local hazard mitigation plans should also be an allowable means of satisfying this provision. Local hazard mitigation plans are sophisticated emergency response documents that cover events such as flooding, and importantly, are maintained by almost every county in California. Adding these plans to the SB 122 authority would allow recharge to occur in a flexible, but safe manner moving forward.
Drone footage of flooding in the Tulare lakebed in 2023
Recommendations for Further Preparedness
To maximize the benefits of emergency groundwater recharge, California must continue improving flood forecasting and data collection. Local agencies and landowners rely on clear flood trigger indicators — such as stream gauge data, reservoir capacity, and real-time precipitation forecasts — to prepare conveyance infrastructure and the land that accepts the diversions. Further strengthening these forecasting tools and incorporating their usage into legislation will greatly improve the benefits Californians and our ecosystems can reap in the aftermath of intense rainfall.
Photos of water conveyance infrastructure by Paolo Vescia
While this executive order is an important step forward, Sustainable Conservation encourages the administration to continue engaging with communities, tribes, water agencies, and nonprofits to identify additional roadblocks to scaling groundwater recharge. Ideally, future legislation will provide long-term clarity on when and how recharge can be implemented, both legally and ecologically, so California does not have to rely on seasonal executive orders to enable this critical practice.
Sustainable Conservation remains committed to advancing policies and partnerships that support groundwater recharge as a vital tool for California’s water resilience. We look forward to continuing this important conversation with state leaders, local agencies, and our partners to ensure that California is better prepared for both floods and droughts in the years ahead.